NEW INDIA ASSURANCE COMPANY LIMITED Vs. S DHANASEKARAN

JUDGEMENT

(1.) THE Civil Miscellaneous Appeal is filed by the appellant-Insurance Company against the award dated 24. 01. 2007 made in MCOP No. 5840 of 2003 by the Motor Accident Claims Tribunal (V Judge, Small Causes Court) Chennai.

(2.) BACKGROUND facts in a nutshell are as under:-On 23. 01. 2003 at about 22. 30 hours, the claimant/1st respondent herein was returning home from Aminjikarai to Maduravoyal on E. V. R. Salai in his motor cycle bearing Registration No. TN-02-M-2513. When he was nearing old Post Office at Arumbakkam, a Scooter bearing Registration No. TN 09-J-6953 belonging to the second respondent herein and insured with the appellant herein came from behind in a rash and negligent manner and hit against the rear portion of the claimant's motor cycle. Due to the accident, the claimant was thrown out of his motor cycle and sustained grievous injuries and he was admitted in Mohan Hospital. The claimant claimed a sum of Rs. 5,00,000/- as compensation before the Tribunal. The Scooter was insured with the appellant-Insurance company, which resisted the claim. On pleadings, the following issues were framed by the Tribunal:-

(3.) LEARNED counsel appearing for the appellant-Insurance Company questioned only the quantum of compensation awarded by the Tribunal and contended that the Tribunal has erred in awarding compensation under both the heads viz. , loss of earning power and permanent disability, in the case of injury. It is also further submitted that the amount awarded by the Tribunal is excessive and exorbitant and that therefore, the award passed by the Tribunal is not in accordance with law and the same has to be set aside.