LAWS(MAD)-2009-12-663

NATIONAL INSURANCE COMPANY LTD. Vs. RENGAN

Decided On December 11, 2009
NATIONAL INSURANCE COMPANY LTD. Appellant
V/S
Rengan Respondents

JUDGEMENT

(1.) THIS appeal is filed by the appellant insurance company challenging the quantum of compensation awarded by the tribunal made in MCOP.No.77 of 2006, on the file of the Motor Accident Claims Tribunal (Sub Court) Kuzhithalai.

(2.) AT the outset, the learned counsel for the appellant contended that the present appeal is filed only challenging the quantum of compensation awarded by the tribunal. In view of the submission made by the learned counsel for the appellant, there is no need for this court to go into the other aspects of the award passed by the tribunal.

(3.) IT was the case of the first respondent before the Tribunal that on account of the accident he had sustained fracture on the spinal card. The Doctor who was examined as P.W.2 had assessed the disability at 30%. The tribunal while calculating the compensation under different heads awarded a sum of Rs.82,500/ - under the head of loss of income by applying multiplier method as in the case of total permanent disablement ignoring the fact that the disability suffered by the victim is only partial permanent disability.