NATIONAL INSURANCE CO LIMITED Vs. NARESH KUMAR

JUDGEMENT

(1.) Heard Mr. Satish Chaturvedi, learned counsel for the insurer appellant and Mr. J.J. Munir, the learned counsel for the claimant caveators.

(2.) The appellant feels aggrieved by the award of the Motor Accidents Claims Tribunal, determining a total amount of Rs. 2,42,726 (rupees two lakh forty-two thousand seven hundred and twenty-six only) as just compensation, to which the claimant Naresh Kumar was found entitled to on account of the grievous injury resulting in permanent disability caused in an accident involving the offending motor vehicle, jeep insured by appellant covering the risk.

(3.) The Motor Accidents Claims Tribunal on a careful consideration of the evidence and materials brought on record, has come to the conclusion that the injured had a monthly income of Rs. 1,500. The Tribunal utilising the multiplier of 12 had calculated the amount of compensation. The discretion exercised by the Tribunal holding the disability to be only 73.5 per cent, taking into consideration the nature of the injuries and their effect and impact on the body of the injured workman, cannot be held to be arbitrary.