1. driver of a lorry, sustained injuries. He was treated in various hospitals. He claimed compensation of Rs.3,00,000/-. The claim was made only against the Insurance Company. On evaluation of pleadings and evidence, the Claims Tribunal held that the Insurance Company is liable to pay compensation and quantified the same at Rs.1,65,000/- with interest at the rate of 7.5% per annum. Challenging the liability, fastened on the Company to pay the abovesaid compensation, the present appeal has been filed.

2. Facts morefully set out in the claim petition are as follows:

That on 29.09.2009, about 10.50 A.M., the respondent/claimant came from Coimbatore, taking T.V. Sets in his lorry, bearing Registration No.TNW 6507, to Mummy-Daddy TV Showroom, Kamarapalayam and parked his vehicle, near the showroom. When he removed and rolled down the tarpaulin cover, he accidentally fell down from a stationary vehicle, resulting in injuries, in the left temporal parietal region, tenderness over left side of the chest and fractures of left side ribs 2 to 8. Immediately, he was taken to Government Hospital, Komarapalayam and given first aid. Thereafter, after taking treatment in Government Hospital, Erode, he was again admitted in Sree Gokulam Hospital, Salem, and took treatment as inpatient between 29.09.2009 and 08.10.2009. According to him, he spent more than Rs.1,75,000/- towards medical expenses and Rs.5,000/- towards travelling expenses. Due to the injuries, he was immobilised for atleast three months. He has lost his income for three months, during the period of treatment and convalescence. It is his further case that he had become permanently disabled and unable to sit, walk and do work. For the abovesaid reasons, he claimed compensation of Rs.3,00,000/-.

3. The National Insurance Company Ltd., appellant herein, has denied the averments stated supra. In addition to the above, the Company submitted that the claim petition itself is not maintainable in law, either under the Motor Vehicles Act or Workmen's Compensation Act. According to the Company, in view of the specific admission in Ex.P1 – FIR, that the respondent/claimant himself slipped and fell down from the cabin of the lorry, bearing Registration No.TNW 6507 and when Komarapalayam Police, on investigation, found that the there was no accident involving the vehicle and when further action in the criminal case, was dropped, by submitting a final report to the Judicial Magistrate, Tiruchengode, the Company is not liable to pay compensation. As per the conditions of the policy, the respondent/claimant cannot seek for compensation for the disablement, injuries and also for the expenses incurred. Without prejudice to the above, the Insurance Company has disputed the compensation claimed under various heads.

4. Before the Claims Tribunal, the respondent/claimant examined himself as PW.1 and PW.2, is the Doctor, who examined the respondent/claimant, with reference to medical records and on the basis of the physical infirmities and discomfort noticed by him, during clinical examination, assessed the disability at 25% and issued Ex.P15 – Disability Certificate. Ex.P1 – FIR, Ex.P2 – Accident Register, Ex.P3 – Wound Certificate, Ex.P4 – Medical Prescriptions, Exs.P5 and P11 – Medical Bills, Ex.P6 – C.T.Scan Report, Ex.P7 – Driving Licence, Ex.P8 – Registration Certificate, Ex.P9 – Insurance Policy, Ex.P10 – O.P.Chit, Ex.P12 – Trip Sheet, Exs.P13 and P14 – X-Ray and its receipt and Ex.P15 – Disability Certificate, have been marked on the side of the respondent/claimant. On behalf of the appellant-Insurance Company, Mr.Devarajan, son of the Administrative Officer of the Company has let in evidence. Ex.B1 – Policy has been marked.

5. On evaluation of pleadings and evidence, the Claims Tribunal held that the Insurance Company is liable to pay compensation for the permanent disablement and under other heads. The quantum of compensation arrived at by the Claims Tribunal under various heads, is as