(Made by S.MANIKUMAR, J.) Quantum of compensation of Rs.15,43,000/- with interest at the rate of 7.5% and costs, awarded in MCOP No.380/2013 on the file of the Motor Accidents Claims Tribunal (III Judge, Court of Small Causes), Chennai, to the sister of the deceased, is challenged solely on the ground that it is excessive. Tribunal has quantified the said sum as hereunder:
2. On 22.02.2017, this court passed the following order:
" Quantum of compensation is the only challenge in this appeal.
2. Notice to the respondents returnable by 01.03.2017. Private notice is also permitted.
3. There shall be an order of interim stay on condition that the appellant-insurance company deposits a sum of Rs.8,14,000/- (Rupees eight lakhs fourteen thousand only) with proportionate accrued interest and costs, less the amount already deposited, if any, to the credit of MCOP No.380 of 2013 on the file of MACT (III Court of Small Causes), Chennai, on or before 01.03.2017, failing which, the order of stay granted now, shall stand vacated without any further reference to this Court.
4. Further, it is made clear that if notice is not taken on the respondents within the stipulated time, the order of stay granted now, shall stand vacated without any further reference to this court.
5. Post on 01.03.2017."
3. Learned counsel appearing for the parties have arrived at a consensus and given a calculation sheet, reworking compensation. We have gone through the same. Considering the material on record, we reduce the compensation, as hereunder:
Pecuniary loss : Rs. 7,29,000/- to be fixed at 50% of Rs.14,58,000/- Love and affection : Rs. 50,000/- Funeral Expenses : Rs. 25,000/- Transport Expenses : Rs. 10,000/- (Artificial limb) ------------------- : Rs. 8,14,000/- -------------------
Learned counsel for the appellant/insurance company submitted that the above said amount with proportionate interest and costs, has already been deposited to the credit of MCOP No.380 of 2013 on the file of Motor Accidents Claims Tribunal (III Judge, Court of Small Causes). The Tribunal is further directed to disburse the compensation amount, only, after due verification and identity of the claimant/1st respondent. We direct that, there should be strict compliance.
In the result, the civil miscellaneous appeal is partly allowed to the extent indicated above. No costs. Consequently, the connected civil miscellaneous petition is closed.
(S.M.K., J.) (M.G.R., J.) 01.03.2017 Index : Yes/No Internet : Yes/No asr To The Motor Accident Claims Tribunal (III Judge, Court of Small Causes), Chennai S. MANIKUMAR, J. AND M.GOVINDARAJ, J. asr C.M.A.No.428 of 2017 and C.M.P. No.2957 of 2017 01.03.2017 http://www.judis.nic.in