IFFCO TOKYO GENERAL INSURANCE COMPANY LIMITED Vs. ISKAK

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant/Insurance Company against the award, dated 01.04.2015 made in M.C.O.P.No.257 of 2014 by the Motor Accident Claims Tribunal/Special Subordinate Judge, Tirunelveli.

(2.) Short facts necessary for the disposal of this appeal, are as follows:

(3.) The learned counsel appearing for the appellant/Insurance Company contended that the first respondent/claimant has suffered only 50% of partial permanent disability. The first respondent/claimant has not let in any evidence to show that he is totally disabled and could not do any work. In such circumstances, in view of the Judgment of the Honourable Supreme Court in Rajkumar Vs. Ajaikumar reported in, (2011) 1 SCC 343, the first respondent/claimant is not entitled to pay compensation by applying multiplier method. The first respondent/claimant has not let in any evidence to show that he requires medical treatment in future and the Tribunal has erroneously awarded a sum of Rs. 2,00,000/-. The amount of Rs. 75,000/- awarded towards pain and sufferings is exorbitant. The amounts awarded under the other heads are excessive and prayed for modifying the quantum of compensation granted to the first respondent/claimant.