UNITED INDIA INSURANCE COMPANY LIMITED Vs. PRATAP SINGH

JUDGEMENT

(1.) Heard the learned counsel for the insurer- appellant. The insurer-appellant feels aggrieved by the award of an amount of Rs. 2,75,560 as compensation together with simple interest at the rate of 9 per cent per annum to the claimants on account of the injuries received by claimant No. 1 Pratap Singh, who was aged about 34 years at the time of accident, causing permanent disability to the extent of 40 per cent in the accident involving the offending motor vehicle, a Matador insured by the appellant.

(2.) The claimants had come up with the case that the offending motor vehicle by which the injured Pratap Singh was travelling, collided with a tractor in which iron rods (sariya) were loaded, causing serious injuries to the injured Pratap Singh in his eyes, forehead and head resulting in disfigurement of his face. After accident he was hospitalised in the District Hospital, Muzaffarnagar and his condition being serious was shifted to M. Prakash Nursing Home, Meerut where major operation of his face was done but in spite of long treatment and expending huge amount in his treatment still he could not recover and now he has become mentally retarded and thus his disability has reached to the extent of 100 per cent.

(3.) The learned counsel for the insurer- appellant has urged that taking into consideration the age of the deceased, the amount of compensation awarded by the Tribunal is excessive.