Branch Manager, National Insurance Company Limited v. M. Kamaraj
2014-06-06
S.MANIKUMAR
body2014
DigiLaw.ai
Judgment : 1. Appeal has been filed challenging the liability on the ground inter alia that the pillion rider is not entitled to claim compensation. Quantum of compensation is also disputed. When the learned counsel for the appellant – Insurance Company was posed with a question as to whether Ex.R1-Policy, was an Act Policy or Comprehensive Policy, Mr. Arun Kumar, learned counsel for the appellant fairly submitted that the said policy is a comprehensive policy. Hence, challenge on the said aspect fails. 2. Perusal of the award shows that to prove that the respondent has sustained grievous injuries and treated in the hospitals, he has marked Ex.P.2-Wound Certificate, Ex.P.7-Medical Bills, Ex.P.8-Disability Certificate and Ex.P.9 and Ex.P.10-Discharge Summaries with finding. PW2-Doctor, who clinically examined the respondent with reference to medical records stated supra, has stated that the respondent has sustained both bone fracture in the left leg and there was malunion bones. Though plates and screws have been used for reunion of the bones, after treatment, the Doctor has noticed that the height of the left leg has been reduced by 1cm. There was a reduction and stiffness, in the movement of the knee. Considering the above discomfort due to fractures, PW2-Doctor has assessed the extent of disablement as 35% and issued Ex.P.8-Disability Certificate. Quantum of compensation awarded by the Claims Tribunal on the basis of medical evidence cannot be said to be manifestly illegal, warranting interference. Hence, the finding fastening liability on the Insurance Company to pay compensation and the quantum of compensation are sustained. The Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Consequent to the dismissal of the appeal, the appellant Insurance Company, is directed to deposit the award amount, with proportionate accrued interest and costs, less the statutory deposit, to the credit of M.C.O.P.No.228 of 2002 on the file of Motor Accidents Claims Tribunal (I Additional District Judge), Krishnagiri, Dharmapuri, within a period of four weeks from the date of receipt of a copy of this order, if not deposited earlier. On such deposit, the respondent/claimant is permitted to withdraw the entire amount by making necessary application.