Oriental Insurance Company Limited v. Minor Esai Arasi
2015-02-13
D.HARIPARANTHAMAN
body2015
DigiLaw.ai
Judgment :- 1. The appeal is against the judgment and decree dated 13.09.2012 made in M.C.O.P.No.181 of 2011 on the file of the Motor Accident Claims Tribunal/Principal Subordinate Judge, Tenkasi, wherein, compensation of Rs.1,55,000/- was awarded for injuries suffered by the minor first respondent. 2. The accident is not disputed. The accident had taken place due to the fault of the second respondent herein. The records viz., disability certificate and discharge summary are also produced. The first respondent was treated in Tirunelveli Government Medical College Hospital Government for a period of 19 days from 26.12.2012 to 14.01.2011. The Tribunal, after hearing both sides, awarded Rs.1,55,000/- as compensation under various heads as follows: (i) Disability Rs. 60,000.00 (ii) Pain and Suffering Rs. 30,000.00 (iii) Future Medical Expenses Rs. 20,000.00 (iv) Attender charges Rs. 5,000.00 (v) Food Rs. 10,000.00 (vi) Transport Rs. 5,000.00 (vii) Loss of comforts Rs. 15,000.00 (viii) Medical expenditure Rs. 10,000.00 Total Rs. 1,55,000.00 3. On perusal of the award, even though the doctor, P.W.2 who had treated the injured has issued Ex.P2, disability certificate saying that the injured has suffered 60% of disability, the Tribunal had considered the same and fixed the disability at 30% and awarded a sum of Rs.60,000/-. Therefore, no need to interfere with the same. 4. Further, The Tribunal awarded Rs.30,000/- towards pain and suffering and awarded Rs.5,000/- for attender charges, Rs.10,000/- for food, for Transport Rs.5,000/-, Rs.10,000/- for medical expenditure. Perusing of the above, in my view there is no infirmity. 5. The Tribunal awarded compensation of Rs.20,000/- for future medical expenses and Rs.15,000/- for loss of comforts. In the award, the Tribunal in paragraph No.10 has held as follows: (“Tamil”) 6. Considering the said evidence of doctor, P.W.2, the Tribunal awarded compensation Rs.20,000/- for future medical expenses and Rs.15,000/- for loss of comforts. Therefore, in my view, there is no infirmity. Even though in the disability certificate, it was mentioned that the first respondent suffered 60% disability, the Tribunal has reduced the same at 30% and accordingly, awarded a sum of Rs.60,000/-. The Tribunal did not apply multiplier method. 7. In my view, the compensation awarded by the Tribunal is not excessive. I do not find any infirmity in the award passed by the Tribunal and hence, the appeal is rejected and the same is dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed.
The Tribunal did not apply multiplier method. 7. In my view, the compensation awarded by the Tribunal is not excessive. I do not find any infirmity in the award passed by the Tribunal and hence, the appeal is rejected and the same is dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed. The minor claimant is permitted to withdraw the interest on the award amount deposited before the Tribunal, once in three months directly from the Bank.