1. The appeal is against the fair and decreetal order dated 16.02.2012 made in M.C.O.P.No.147 of 2010 on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate, Tirunelveli, wherein, compensation of Rs.3,89,700/- was awarded for injuries suffered by the first respondent.

2. The accident is not disputed. The accident had taken place due to the fault of the second respondent. The only ground raised by the appellant Insurance company is that the Tribunal committed error in applying multiplier method. According to the learned counsel for the appellant Insurance Company, there was no functional disability for the 1st respondent, due to the disability suffered in the accident. To substantiate his argument, the learned counsel relied on the following decisions of the Apex Court and this Court:

(i) Raj Kumar Vs. Ajay Kumar and another reported in 2011 ACJ 1

(ii) United India Insurance Company Ltd. Vs. Veluchamy reported in2005(1) CTC 38.

(iii) New India Assurance Co. Ltd. Vs. Kannayiram reported in2012(1) TNMAC 611(DB).

3. I am not able to agree with the submi