K.KANNAN
United India Insurance Co. Ltd. – Appellant
Versus
Sunil Kumar – Respondent
K. Kannan, J.
C.M. No. 32745-CII of 2010:
1. The application is for condonation of delay.
For the reasons stated in the application, application is allowed. Delay of 90 days in filing the appeal is condoned.
F.A.O. No. 7417 of 2010:
There is an application u/s 170 of the Motor Vehicles Act, 1988 by the insurance company and that it had been dismissed three months earlier and the dismissal is also urged as a ground in appeal. Learned counsel states that Tribunal had awarded compensation of Rs. 12,50,000. Although the amount claimed in the petition was Rs. 9,00,000, the court's power to grant compensation in an excess amount of what is claimed is too well established for reappraisal. I will still consider whether the amount awarded was very high. There was evidence in this case that he was doing business in milk and dairy farming also and was running a grocery shop. The Sarpanch had been examined to say that he was maintaining three buffaloes, he was earning Rs. 10,000 per month. The Tribunal took his income to be Rs. 6,000 and based on the evidence that claimant had suffered a spinal injury that had resulted in 100 per cent disability adopted a multiplier of 18 for a person who
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