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The Branch Manager, United India Insurance Company Limited, Karur Vs. Kumar - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberC.M.A.(MD)No. 910 of 2006
Judge
AppellantThe Branch Manager, United India Insurance Company Limited, Karur
RespondentKumar
Excerpt:
.....sustained grievous injuries in road accident respondent sought for compensation before tribunal tribunal awarded prescribed amount as compensation appellant/insurance aggrieved by said award questioned its liability and quantum of compensation -hence this civil miscellaneous appeal court held grounds raised in respect of liability cannot be accepted, as factum regarding accident and injuries sustained are beyond reasonable doubts -as no final report has been filed till date, liability cannot be adjudicated at this point of time though tribunal awarded prescribed amount as compensation erroneously both towards injuries and disability, as no future medical expenses was awarded by tribunal as such award amount granted for disability should not be reduced not inclined to alter..........awarded rs.60,000/- towards injuries and further awarded rs.20,000/- for disability. having granted compensation for disability, the tribunal ought not to have granted compensation for the injuries, both has to be considered together under one head. 4. but the learned counsel for the first respondent/claimant contended that no compensation was awarded for the future medical expenses and the respondent claimant sustained grievous injuries and a plate was fixed in his knee. since no future medical expenses was awarded by the tribunal, the award amount granted for disability should not be reduced. though the tribunal awarded in an erroneous ground, but failed to consider the compensation for future medical expenses, this court is not inclined to alter the compensation awarded by the.....
Judgment:

(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 13.12.2005 on the file of the Motor Accidents Claims Tribunal, Subordinate Court, Karur in M.C.O.P.No.335 of 2005.)

It is a case of injury, which occurred due to the accident that took place on 18.02.2003. The victim sustained grievous injuries and consequently filed a claim petition before the Motor Accident Claims Tribunal, Karur, claiming compensation of Rs.5 lakhs. The Tribunal, considering the facts and circumstances of the case, granted Rs.1,22,350/- towards the total compensation. Challenging the same, the United India Insurance Company has preferred the present appeal on the ground of liability and quantum.

2. In respect of the liability, this Court do not find any error on the findings of the Tribunal and the grounds raised in respect of the liability cannot be accepted, in view of the fact that the factum regarding the accident and the injuries sustained are beyond reasonable doubts. Further, the investigation ordered is also not fructified and no final report has been filed till today. Hence, the point regarding the liability cannot be adjudicated at this point of time, more particularly, in the present appeal.

3. In respect of the quantum, the contention raised by the learned counsel for the appellant is that the Tribunal awarded Rs.60,000/- towards injuries and further awarded Rs.20,000/- for disability. Having granted compensation for disability, the Tribunal ought not to have granted compensation for the injuries, both has to be considered together under one head.

4. But the learned counsel for the first respondent/claimant contended that no compensation was awarded for the future medical expenses and the respondent claimant sustained grievous injuries and a plate was fixed in his knee. Since no future medical expenses was awarded by the Tribunal, the award amount granted for disability should not be reduced. Though the Tribunal awarded in an erroneous ground, but failed to consider the compensation for future medical expenses, this Court is not inclined to alter the compensation awarded by the Tribunal. Therefore, the award passed by the Tribunal in MCOP No.335/2003, dated 13.12.2005 is confirmed and the Civil Miscellaneous Appeal is dismissed.

5. It is reported that the entire award amount has already been deposited and the 1st respondent/claimant is directed to withdraw the award amount, through RTGS, without filing any formal application before the Tribunal. No costs. Consequently connected Miscellaneous Petition is closed.


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