Research › Search › Judgment

Madras High Court · body

2012 DIGILAW 4368 (MAD)

National Insurance Company Ltd. Neyveli v. S. Kumar

2012-10-17

P.DEVADASS

body2012
Judgment 1. The National Insurance Company questions the quantum of compensation. 2. On 01.03.2004, the first respondent sustained injury in a road accident. The Tribunal granted him Rs.1,74,320/-. 3. Learned counsel for the appellant referring to the evidence of P.W.2 and records would submit that in the facts and circumstances, adopting the multiplier method would not arise; on the whole, the Tribunal had awarded excessive compensation. 4. The learned counsel for the first respondent also referred to the medical evidence and submitted that the Tribunal had awarded him reasonable compensation. The learned counsel would also specifically point out that under various other heads, the Tribunal has awarded him very less compensation. 5. I have considered the rival submissions. Perused the materials on record and also gone through the award of the Claims Tribunal. 6. The accident was on 01.03.2004. The injury was on the 5th proximal phalanx and certain other injury. In the facts and circumstances, as rightly submitted by the learned counsel for the appellant adopting multiplier method will not arise. However, it is a fact that the victim has sustained injury. He has been immobilised for a considerable period. He might have undergone lot of pain and suffering. He has to spent considerably for nutritious food and transportation charges. 7. Keeping the above, in our view, Rs.1,63,000/-granted towards disability is reduced to Rs.40,000/-. Towards pain and suffering, Rs.5,000/-has been awarded. It is increased to Rs.10,000/-. Towards Nutritious food expenses, Rs.1,000/-has been awarded. It is increased to 5,000/-. Towards Transportation charges Rs.1,000/-has been awarded. It is increased to Rs.3,000/-. No amount has been awarded under the head 'loss of amenities of life'. Under this head, he is awarded Rs.5,000/-. In other respects, we are not interfering with the award of the Tribunal. 8. Accordingly, the award of the Tribunal is modified as under:- 9. In the result, the award of the Tribunal is modified. The first respondent is awarded a total compensation of Rs.67,120/-with 7.5% interest p.a. from the date of filing the claim petition till deposit. Within 4 weeks from the date of receipt of a copy of this Judgment, the appellant shall deposit the entire compensation amount, less amount, if any, already deposited. On such deposit, the first respondent is permitted to withdraw the entire amount, less amount, if any, already withdrawn. Within 4 weeks from the date of receipt of a copy of this Judgment, the appellant shall deposit the entire compensation amount, less amount, if any, already deposited. On such deposit, the first respondent is permitted to withdraw the entire amount, less amount, if any, already withdrawn. Amount, if any, in excess of the modified amount, together with corresponding interest shall be refunded to the appellant. The Civil Miscellaneous Appeal is allowed to the extent indicated above. No costs. Consequently, the connected Miscellaneous Petition is closed.