NATIONAL INSURANCE CO LTD Vs. R SIVAKUMAR

JUDGEMENT

(1.) THE Tribunal has awarded a sum of Rs. 18,00,000 for fracture of tibia (C.M.A. No. 3584 of 2004) and Rs. 3,40,000 for fracture of the left toe (C.M.A. No. 534 of 2005) respectively. According to the appellant insurance company, the awards are unreasonable and excessive. C.M.A. No. 3584 of 2004:

(2.) WHEN the claimant was going as a pillion rider on the motor cycle driven by his brother, an autorickshaw dashed against him and he sustained injuries. He made a claim of Rs. 46,00,000 as compensation against the owner and insurer of the autorickshaw. The Tribunal awarded, as stated earlier, Rs. 18,00,000 as compensation.

(3.) PW 4 Dr. R. Thiagarajan in his evidence has stated that there is malunion in the fractured tibia and, therefore, there may be restriction in his bending and straightening the leg and certified the disability at 60 per cent. The claimant was an inpatient from 7.10.2000 to 16.10.2000 i.e., ten days and he has also undergone surgery. Exh. P9 is the evidence towards the medical expenses and on the basis of this, a sum of Rs. 1,00,000 was awarded. In addition to this, the Tribunal decided to award Rs. 3,00,000 for incapacity of the claimant to reach a good position in society and according to the Tribunal, the injured had spent one year continuously in treatment for which the Tribunal decided to award Rs. 1,00,000. In all, a total compensation of Rs. 18,00,000 was awarded.