NEW INDIA ASSURANCE CO LTD Vs. MANEGAR BAG

JUDGEMENT

(1.) INSURANCE Company is the appellant. Aggrieved by the award dated 22.12.2001 passed by the Motor Accident Claims Tribunal, Nuapada in M.J.C. No. 40/54 of 1995 -2001, this appeal has been preferred. The award was passed for a total sum of 60,000/ - which had been categorized as follows: <FRM>JUDGEMENT_109_TLORI0_2008.htm</FRM>

(2.) THE total comes to Rs. 59,000/ - and an odd which was rounded up to Rs. 60,000/ -. There is no dispute over the expenses. There is also no dispute about the injury or fracture in the left hand of the claimant who happened to be a coolie worker. He was an indoor patient for more than 20 days as per Ext. 2. His fracture in the left hand was proved by the document marked as Ext. 6. The doctor's report supports the same. The age of the injured was stated to be '28' at the time of injury. Learned Counsel for the Insurance Company submitted that since he is a middle -aged person, the fracture would be healed and there would be no loss of income and hence there was no occasion for granting compensation of Rs. 36,000/ -.

(3.) I have gone through the award passed by the learned trial Judge. He has taken into consideration all the surrounding circumstances and, therefore, the compensation of Rs. 36,000/ - more particularly in the facts and circumstances of the case, cannot be said to be excessive. Similarly when the medical bills of Rs. 20,000/ - were paid, award of Rs. 15,000/ - towards medical expenses is acceptable. For the loss of income, award of Rs. 900/ - is not excessive as it is evident that he was an indoor patient for twenty days. Thereafter he felt difficulty in doing work. Award of Rs. 5,000/ - for pain and suffering is also not excessive.