NEW INDIA ASSURANCE COMPANY Vs. TEJAM GURAVAIAH

JUDGEMENT

(1.) This appeal arising out of the award and decree dated 11-06-2008 passed in MVOP.No. 595 of 2005 by the Motor Accident Claims Tribunal-cum-Principal District Court, Kadapa, [for short " The Tribunal ").

(2.) The appellant is the respondent No.2-New India Assurance Company Limited, who filed the present appeal, questioning the quantum of compensation granted by the Tribunal for one grievous injury, which is excessive. The appellant-Insurance Company raised various grounds in the appeal; namely, determining Rs.15,000/- as the annual income of the injured- claimant, fixing the disability at 40% as per Ex.A4 for the loss of little finger of left hand, which is contrary to schedule-I of Workmen's Compensation Act. The appellant-Insurance company also contended that as per Schedule-I of Workmen's Compensation Act, for loss of two fingers the percentage of loss of earnings is 20% and in this case, the loss of earnings for the loss of little finger of left hand would be 10% and also granting an amount of Rs.22,000/- towards pain and suffering is contrary to second schedule.

(3.) Heard the learned standing counsel for the appellant-New India Assurance Company Limited and the learned counsel for the first respondent. The appeal against Respondent No.2 is dismissed for default, vide orders dated 20-9-2011.