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2021 Supreme(Mad) 3445

V.BHARATHIDASAN, J.NISHA BANU
Shriram General Insurance Co. Ltd. – Appellant
Versus
U. Nittinkumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.S.Srinivasa Raghavan
For the Respondent: Mr.G.Prabhu Rajadurai, Mr.N.Ganagasapapathy

JUDGMENT :

J.NISHA BANU, J.

In an accident which occurred on 10.12.2013, the 1st respondent/claimant sustained crush injuries. He filed a claim petition in MCOP.No.499 of 2014, on the file of Motor Accident Claims Tribunal (I Additional District Judge), Thoothukudi, and the Tribunal has awarded compensation of Rs.62,67,730/- with 7.5% interest per annum, from the date of petition, till the date of deposit. Challenging the quantum of compensation, the insurance company has filed this appeal.

2. The learned counsel for the appellant would state that though the 1st respondent/claimant said to have sustained 57% disability, he is still continuing his avocation as Banking Officer and when there is no total disablement or functional disability to the claimant, resulting in loss of earning capacity, the Tribunal ought not to have applied multiplier method, which is arbitrary. He would further state that the award of Rs. 1,00,000/- towards attendant charges, Rs.50,000/- towards loss of amenities are on the higher side. Thus, he would pray for appropriate modification on the quantum.

3. The

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