NATIONAL INSURANCE CO LTD Vs. PERUMAL

JUDGEMENT

(1.) BEING aggrieved by the award of compensation of Rs.2,70,000/- for the injuries sustained by the first respondent, Insurance Company has preferred this appeal.

(2.) RELEVANT facts which are necessary for disposal of these appeals are as follows:- On the morning of 23.09.1998, claimant travelled in the bus bearing Registration No.TN 28 U 0646 to go to Erode. At about 6.45 p.m., when the bus was proceeding near Kichipalayam, the lorry came in the opposite direction. To prevent collision with the lorry, the bus driver severed the vehicle towards the left and in that course, the bus hit against the right side tamarind tree, due to which, the claimant sustained injuries on his left shoulder, left leg and he sustained fracture in the left clavicle and left tibia. After the accident, the claimant was admitted in a private hospital in Erode and he had taken treatment as in-patient for 1" months. Alleging that the accident was due to negligent driving of the bus driver and his lack of care, claimant has filed Petition under Section 166 of M.V.Act, claiming compensation of Rs.5,00,000/-.

(3.) ON the basis of evidence of P.W.s 1 and 2, Tribunal has assessed the permanent disability at 50% and taking claimant's monthly income at Rs.2,500/-. Tribunal has awarded Rs.2,70,000/-for permanent disability, loss of earning power and pain and suffering. The Tribunal has awarded Rs.6,173/- for medical expenses and has awarded total compensation of Rs.2,91,173/- as compensation.