Heard the learned counsel on either side.
2.The Insurance company has filed this appeal principally on the ground of quantum. The claimant is a minor boy. He met with an accident involving the vehicle belonging to the second respondent herein and insured with the appellant company. In the accident, the claimant had lost three toes on his right leg. This had been specifically spoken by the doctor who was examined as PW4. In this regard, Ex.P6, Ex.P10 and Ex.P11 were also marked. The Tribunal has awarded a sum of Rs.42,000/- towards disability and a sum of Rs.50,000/- towards pain and suffering. The Tribunal has awarded a sum of Rs.1,38,000/- to the claimant. It cannot be said to be excessive. I find no merit in this appeal.
3. The award dated dated 04.09.2014 made in M.C.O.P.No.993 of 2008, on the file of the Motor Accident Claims Tribunal, IInd Additional Subordinate Judge, Madurai is confirmed.
4.The appellant is directed to deposit the entire compensation amount of Rs.1,38,000/- with interest at the rate of 7.5% per annum with costs, from the date of petition till the date of realization, within a period of eight weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit, the claimant is entitled to withdraw the same, as apportioned by the Tribunal, less the amount already withdrawn by him, if any, by filing proper application before the Tribunal.
5.This Civil Miscellaneous Appeal is dismissed. No costs.
To
1.The Motor Accident Claims Tribunal/ IInd Additional Subordinate Judge, Madurai.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
.