ORIENTAL INSURANCE COMPANY LTD Vs. MANISH KUMAR

JUDGEMENT

(1.) Heard learned counsel appearing on behalf of the Oriental Insurance Company Ltd. and also on behalf of the claimants. The claimant sustained grievous injury in the accident, which occurred on 15th December, 2006 at Bus Stand, Jori with Mini Bus bearing No. JH-02 F-4094.

(2.) The claimant sustained 40% disability. His right leg has been fractured. He was under treatment for 14 days and the Claim Tribunal concluded that the claim towards medical expenditure of Rs. 75,000/- was an excess amount and the actual amount was only Rs. 11,761/-. On the ground of permanent disability, the Tribunal awarded a lumpsum amount of Rs. 4,00,000/- and after addition of the amount of Rs. 11,761/- towards medical expenditure, the total amount was Rs. 4,11,761/-.

(3.) Arguments advanced on behalf of the Insurance Company is that the amount is too excessive. The claimant was running a shop of readymade garments at the time of accident. The driving licence was also invalid but the Claim Tribunal completely failed to appreciate this aspect and has awarded an excess amount.