NATIONAL INSURANCE CO LTD Vs. T A NICHOLAS

JUDGEMENT

(1.) A young man studying in B. E. final year Computer Science and just 22 years' old was travelling to his College on his Yamaha Motor Bike when the insured vehicle namely the tempo bearing Registration No. TN 55 /a 7846 collided with his vehicle resulting in his grievous injuries. He made a claim of Rs. 40,00,000/ -. The Tribunal awarded a sum of Rs. 18,63,900/ -. Against that, the insurance company has filed the appeal.

(2.) THE claimant has filed cross objection No. 14 of 2007. Though it is not listed, we have considered the present appeal from both the angles. The finding of negligence of the driver of the insured tempo is not seriously challenged. Therefore, the liability of the Insurance Company to pay the compensation is not in dispute. What is in dispute however, is the quantum.

(3.) THE learned counsel for the appellant submitted that the Tribunal ought not to have adopted the multiplier method for awarding compensation especially since the claimant's avocation will not be affected by the disability to his right leg. The learned counsel submitted that had the claimant been a coolie or a labourer who requires physical movement, the diminishment of his earning power may be greater. But the person who sits in his desk and performs his work will not be seriously affected by the lack of mobility of his right leg. The learned counsel submitted that though the claimant had stated in his petition that he missed his final year because of his injury and therefore, he lost the possibility of securing a good post when the campus placement took place, he submitted that though it is stated in the claim petition that because he wrote the exam on the second attempt he was not awarded first class, these are areas of conjecture and the Tribunal ought not to have taken note of the facts for awarding the compensation. The learned counsel submitted that both the fixing of the salary and the adoption of the multiplier has resulted in an excessive claim.