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National Insurance Co. Ltd. Vs. Rengaraj and Others - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberCMA(MD)No. 1598 of 2007 & M.P(MD)No. 1 of 2007
Judge
AppellantNational Insurance Co. Ltd.
RespondentRengaraj and Others
Excerpt:
motor vehicles act - section 173 -.....the tribunal as excessive and requires re-consideration, the appellant insurance company filed the present appeal. 2. on reading of the findings of the tribunal, this court finds that the deceased child aged about six years was the only child to the claimants/parents and any amount of compensation granted, will not satisfy or will be a real compensation as far as the parents are concerned. in such cases, quantum of compensation is immaterial and the mental agony and the other emotional and physiological aspects of the parents ought to have been taken into consideration. the appellant ought not to have filed this appeal on these facts and circumstances. in any event, the learned counsel for the appellant submitted that during the relevant point of time, the compensation in practice, was.....
Judgment:

(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 04.06.2007 made in MCOP.No.741 of 2005 on the file of the Motor Accident Claims Tribunal, III Additional Sub Judge, Trichy.)

1. It is a pathetic case where the death of a minor child aged about six years occurred due to the accident took place on 25.11.2004 about 9.00 a.m at Ayyan Field, Uppiliapuram on Thuraiyur to Thammampatti road. The Tribunal granted compensation of Rs.3,00,000/- with interest at 7.5% per annum. Questioning the quantum of compensation awarded by the Tribunal as excessive and requires re-consideration, the appellant insurance company filed the present appeal.

2. On reading of the findings of the Tribunal, this Court finds that the deceased child aged about six years was the only child to the claimants/parents and any amount of compensation granted, will not satisfy or will be a real compensation as far as the parents are concerned. In such cases, quantum of compensation is immaterial and the mental agony and the other emotional and physiological aspects of the parents ought to have been taken into consideration. The appellant ought not to have filed this appeal on these facts and circumstances. In any event, the learned counsel for the appellant submitted that during the relevant point of time, the compensation in practice, was less than the award amount in the case on hand and therefore, the present appeal was filed. Hence, this Court is of the view that the present appeal deserves no consideration and accordingly, the award passed by the Tribunal is confirmed.

4. It is represented that the appellant had already deposited the entire award amount with proportionate accrued interest and costs, to the credit of the claim petition. In view of the dismissal of this appeal, the respondents 1 and 2/claimants are permitted to withdraw their shares as apportioned by the Tribunal, less the amount already withdrawn, if any, through RTGS, by filing necessary applications before the Tribunal.

In the result, this Civil Miscellaneous Appeal is dismissed. No costs. Consequently, M.P(MD)No.1 of 2007 is closed.


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