Prabha Sridevan, J.

1. The Tribunal awarded a sum of Rs.18 lakhs for fracture of Tibia (CMA No.3584 of 2004) and Rs.3,40,000/- for fracture of the left toe (CMA No.534 of 2005) respectively. According to the appellant Insurance Company, the awards are unreasonable and excessive.

C.M.A.No.3584 of 2004

2. When the claimant was going as a pillion-rider on the motor-cycle driven by his brother, an auto-rickshaw dashed against him and he sustained injuries. He made a claim of Rs.46 lakhs as compensation against the owner of the insurer of the Autorickshaw. The Tribunal awarded, as stated earlier, Rs.18 lakhs as compensation.

3. The learned counsel for the appellant submitted that the decision of this Court in 2005(3) TLNJ (Civil) 580 (M.S.LUTHUFULLAH AND ANOTHER v. S.BALU) would squarely apply to this case, where the Division Bench set aside the award of Rs.9,19,000 for a fractured clavicle disapproving the approach. The Division Bench observed that this kind of approach is not a juridical approach and it can only be deprecated.

4. In the present case, the injured was a third year B.E. Civil Engineering Student. The Tribunal observed that a Civil Engineer will easily receive a