(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 17.11.2005 made in M.C.O.P.No.578 of 2004 on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Karur.)
1. The appellant/National Insurance Company Ltd., filed the present civil miscellaneous appeal, challenging the award passed in M.C.O.P.No.578 of 2004 dated 17.11.2005 by the Motor Accidents Claims Subordinate Judge, Karur.
2. It is the case of injury caused due to the accident that took place on 28.03.2004 at about 9.30 a.m near Madurai to Salem Main Road. The claimant/victim filed a claim petition seeking compensation of Rs.5,00,000/- before the Subordinate Judge, Karur. Considering the facts and circumstances of the case and the documents produced before the trial Court, the trial Court awarded a sum of Rs.4,86,000/- as total compensation.
3. The appellant/New India Assurance Company Limited preferred the appeal mainly on the ground that the amount of Rs.1,40,000/- awarded under the head of injuries is erroneous and the amount of Rs.19,000/- awarded under the head of transportation is excessive. That apart, the learned counsel for the appellant objected the amount of Rs.50,000/- awarded towards future inconvenience to the respondent/victim and the same has to be rejected.
4. Considering the facts and circumstances of the case, this Court is of the view that the future inconvenience of Rs.50,000/- awarded by the Tribunal is not permissible in view of the fact that the future medical expenses of Rs.1,62,000/- was already awarded and a sum of Rs.60,000/- was also awarded under the head of disability. Hence, the amount awarded under the head of future inconvenience ought to have been excluded. Therefore, the amount of Rs.50,000/- awarded by the Tribunal under the head of future inconvenience is set aside. The award has to be modified by reducing the amount of Rs.50,000/- from the total award amount of Rs.4,86,000/-. Accordingly, the total award amount is modified as Rs.4,36,000/- and in respect of other heads, the finding arrived at by the Tribunal is confirmed.
5. In the result, this Civil Miscellaneous Appeal is partly allowed by modifying the award amount from Rs.4,86,000/- to 4,36,000/- and the respondent/ victim is entitled to a sum of Rs.4,36,000/-.
6. The learned counsel appearing for the appellant/Insurance Company represented that the entire award amount had already been deposited 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 and the appellant Insurance Company is permitted to withdraw the remaining amount from the Tribunal. No costs. Consequently, connected miscellaneous petition is closed.