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The National Insurance Company Limited, S.N.M.R. Rasi Plaza, Karur Vs. Minor Kavipriya, Rep. by her father and natural guardian Periasamy and Another - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberC.M.A (MD) No. 1485 of 2006
Judge
AppellantThe National Insurance Company Limited, S.N.M.R. Rasi Plaza, Karur
RespondentMinor Kavipriya, Rep. by her father and natural guardian Periasamy and Another
Excerpt:
.....the order and decretal order dated 29.09.2004 made in m.c.o.p.no.336 of 2003 on the file of the motor accident claims tribunal (subordinate judge), karur.) judgment: 1. the appellant/national insurance company ltd., filed the present civil miscellaneous appeal, challenging the award passed in m.c.o.p.no.336 of 2003 dated 29.09.2004 by the motor accident claims tribunal (subordinate judge), karur. 2. it is the case of injury caused due to the accident that took place on 18.01.2003 at about 15.30. hours near puliyur - uppidamangalam road. the injured/victim, who was 6 year old girl, represented by her father and natural guardian periasamy, filed a claim petition seeking compensation before the motor accident claims tribunal (subordinate judge), karur and the tribunal, considering the.....
Judgment:

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the order and decretal order dated 29.09.2004 made in M.C.O.P.No.336 of 2003 on the file of the Motor Accident Claims Tribunal (Subordinate Judge), Karur.)

Judgment:

1. The appellant/National Insurance Company Ltd., filed the present civil miscellaneous appeal, challenging the award passed in M.C.O.P.No.336 of 2003 dated 29.09.2004 by the Motor Accident Claims Tribunal (Subordinate Judge), Karur.

2. It is the case of injury caused due to the accident that took place on 18.01.2003 at about 15.30. hours near Puliyur - Uppidamangalam Road. The injured/victim, who was 6 year old girl, represented by her father and natural guardian Periasamy, filed a claim petition seeking compensation before the Motor Accident Claims Tribunal (Subordinate Judge), Karur and the Tribunal, considering the facts and circumstances of the case, awarded a sum of Rs.1,87,700/- as total compensation, against which, the National Insurance Company Limited preferred an appeal on the ground that the amount of compensation fixed for partial permanent disability is excessive and on another ground that a sum of Rs.30,000/- awarded for disability is contrary and the Tribunal has not given proper reason while granting compensation under each and every head.

3. On reading of award, it is seen that the Tribunal has committed error in fixing the compensation under different heads. Hence, this Court is of the view that if the heads are to be rearranged, the total compensation has to be considered as not excessive. As the total compensation awarded by the Tribunal is not excessive, the same is just and proper. Therefore, this Court is not inclined to interfere with the award passed by the Tribunal in M.C.O.P.No.336 of 2003 on 29.09.2004 though the amount awarded by the Tribunal under the heads are not in order. Hence, this appeal deserves no consideration.

4. In the result, this Civil Miscellaneous Appeal is dismissed. No costs. The award passed in M.C.O.P.No.336 of 2003 on 29.09.2004 by the Motor Accident Claims Tribunal (Subordinate Judge), Karur is confirmed.

5. The learned counsel appearing for the appellant/Insurance Company represented that the entire award amount had already been deposited before the Tribunal and the respondent/claimant had already withdrawn 50% of the award amount. Hence, the respondent/claimant is permitted to withdraw the balance award amount with accrued interest and costs through RTGS (Real Time Gross Settlement) by filing necessary application before the Tribunal concerned.


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