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2013 DIGILAW 4043 (MAD)

National Insurance Company v. K. Bhaskaran

2013-11-28

S.VIMALA

body2013
JUDGMENT 1. This appeal is by the insurance company, challenging the quantum of compensation. 2. The claimant, Bhaskaran, aged 40 years, an accountant earning a sum of Rs.5,000/- per month, filed the claim petition for compensation claiming a sum of Rs.5 lakhs, in respect of the injuries sustained by him in the accident that took place on 15.09.2002. As against the claim made for a sum of Rs.5 lakhs, the Tribunal awarded a sum of Rs.78,000/- and the break-up details are as follows: Heads Amount (Rs.) For 25% disability 50,000/- Medical expenses 18,000/- Pain and sufferings 10,000/- Total 78,000/- 3. It is the contention of the learned counsel for the insurance company that the amount of compensation awarded is exorbitant. 4. This contention seems to be incorrect on two grounds. What ought to have been awarded by the Claims Tribunal has not been awarded. What is awarded by the Claims Tribunal is supported by documents. For example, the heads of claim under which the compensation has been awarded shows that, even though it is a case of disability, still compensation has not been awarded towards transport expenses, extra nourishment, loss of enjoyment of amenities and loss of expectation of life. 5. The amount awarded under other heads, i.e., medical expenses and the disablement, are supported by documents. Therefore, the compensation awarded cannot be said to be exorbitant. 6. Hence, there is no merit in the Civil Miscellaneous Appeal and the appeal is dismissed. No costs.