Saturday, September 11, 2010

IMTIAZV.NATIONAL INSURANCE CO. LTD. AND OTHERS 92001 ACJ 1033) [C.A. No.1204 of 2001 arising out of SLP (C) No.1680 of 1999; decided on 12.2.2001]

Important point:

In amputation below the knee 2,00,000.00 is on the lower side.

G.B. Pattanaik & U.C. Banerjee, JJ.-

Delay condoned. Leave granted.
2. This appeal is directed against the order of the High Court of Karnataka. By the impugned order the amount of compensation granted by the Motor Accidents Claims Tribunal has been reduced from Rs. 2,00,000 to Rs. 1,45,000. The claimant on account of the accident had to undertake the amputation of the right leg below the knee and even the toes of the left leg have already been amputated. Even the quantum of compensation of Rs. 2,00,000 appears to us on the lower side. We really fail to understand on what reasonable grounds the High Court interfered with the quantum of compensation granted by the Tribunal. The impugned order of the High Court appears to us to be arbitrary. We, accordingly, set aside the impugned order of the High Court and allow this appeal. The compensation amount which had been granted by the Tribunal is affirmed.
The appeal is disposed of accordingly.
Appeal allowed.

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