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The New India Assurance Company Ltd., by its General Manager Perambalur Vs. Rukmani and Others - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberC.M.A.(MD)Nos. 815 & 816 of 2006
Judge
AppellantThe New India Assurance Company Ltd., by its General Manager Perambalur
RespondentRukmani and Others
Excerpt:
.....heirs of deceased, who died in road accident respondent sought for compensation before tribunal tribunal awarded prescribed amount as compensation appellant/ insurance company aggrieved over said award, contended that tribunal committed error in awarding excessive compensation due to wrong application of multiplier -hence this civil miscellaneous appeal court held arguments advanced by appellant was not acceptable, as it is fatal case - as deceased monthly income was fixed at prescribed amount as such compensation awarded by tribunal was just compensation as tribunal adopted principle of pay and recovery, as per apex court decision - not inclined to consider grounds raised by appellant award passed by tribunal was confirmed as entire award amount had been deposited,..........the judgment and decree dated 29.04.2005 made in m.c.o.p.no.351 and 387 / 2000 on the file of the motor accident tribunal, additional district judge, fast track court, pudukottai.) common judgment: the unfortunate accident that took place on 15.09.1999 at about 4 a.m. in thiruthuraipoondi muthupettai road, the death occurred. the legal representatives of the deceased filed applications for compensation before the motor accident claims tribunal/additional district judge, pudukottai and considering the facts and circumstances of the case, the tribunal awarded rs.4,99,120/- respectively towards the total compensation, against which, the insurance corporation preferred the present appeals on the ground that the award passed by the tribunal is excessive, since the multiplier adopted by the.....
Judgment:

(Prayer: Civil Miscellaneous Appeals are filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 29.04.2005 made in M.C.O.P.NO.351 and 387 / 2000 on the file of the Motor Accident Tribunal, Additional District Judge, Fast Track Court, Pudukottai.)

Common Judgment:

The unfortunate accident that took place on 15.09.1999 at about 4 a.m. in Thiruthuraipoondi Muthupettai Road, the death occurred. The legal representatives of the deceased filed applications for compensation before the Motor Accident Claims Tribunal/Additional District Judge, Pudukottai and considering the facts and circumstances of the case, the Tribunal awarded Rs.4,99,120/- respectively towards the total compensation, against which, the Insurance Corporation preferred the present appeals on the ground that the award passed by the Tribunal is excessive, since the multiplier adopted by the Tribunal is erroneous. In view of the wrong application of the multiplier, the Tribunal has committed an error in awarding excessive compensation. On the other aspects, the Tribunal adopted the principle of pay and recovery as per the judgment of the Hon'ble Supreme Court in the case of Oriental Insurance Company Ltd., v. Shri Nanjappan and Others reported in (2004) ACC 524 (SC).

2. The arguments advanced by the learned counsel for the appellant is not sound enough and acceptable, in view of the fact that these are the cases of fatal and the deceased monthly income was fixed as Rs.4,000/- and therefore, the compensation awarded by the Tribunal is a just compensation and this Court do not find any error on record in respect of the fixation of compensation. Since the Tribunal adopted the principle of pay and recovery, this Court is not inclined to consider the grounds raised by the appellant in these appeals.

3. Accordingly, the award passed by the Tribunal in MCOP No.351 and 387/2000 is confirmed and the Civil Miscellaneous Appeals are dismissed. The learned counsel for the appellant submitted that the entire award amount has been deposited. The respondents/claimants in both the appeals are permitted to withdraw the same with accrued interest, through RTGS, without filing any necessary application. No costs.


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