All the Civil Miscellaneous Appeals are filed against the order dated 07.04.2003 made in MCOP.Nos. 312, 313 and 315 of 2002 passed by the Motor Accident Claims Tribunal (Subordinate Judge), Cheyyar at Tiruvannamalai District.
2. The learned counsel for the appellant/Insurance Company mainly contended that in this case, the trial Court without any basis awarded the compensation of 20% at Rs.60,000/- in MCOP.No.312 of 2002 and awarded the compensation of 35% at Rs.60,000/- in MCOP.No.313 of 2002 under the heads disability and without any document the trial Court awarded compensation under the heads Medical expenses, Extra nourishment and Earning Capacity for Rs.35,000/-, Rs.10,000/- and Rs.20,000/- respectively in MCOP.No.315 of 2002. Hence, the appellant preferred the present appeals and prays to allow the appeals.
3. The learned counsel for the first respondent in CMA.No.621 of 2005 mainly contended that the trial Court after considering the entire facts and circumstances and upon perusing the available documents and the evidence of the Doctor, correctly passed the award. Hence, the learned counsel prays for dismissal of the appeals.
4. Heard the learned counsel for the appellant and the first respondent in CMA.621 of 2005 and perused the available records.
5. On perusal of the case records and the awards passed by the Tribunal, this Court finds that the Tribunal has correctly passed the award which is just and reasonable one and considering the injuries caused to the claimants, the Tribunal has rightly passed the compensation on the following heads :-
6. This Court, finds no illegality, infirmity or perversity in the order passed by the Tribunal, which do not warrant any interference by this Court. Since, the Tribunal has fixed the appropriate compensation to the claimants, this Court finds there is no merit in the appeals filed by the appellants/Insurance Company and the appeals deserves to be dismissed.
7. In the result, all the civil miscellaneous appeals are dismissed, by confirming the order dated 07.04.2003 made in MCOP.Nos. 312, 313 and 315 of 2002 passed by the Motor Accident Claims Tribunal (Subordinate Judge), Cheyyar at Tiruvannamalai District. Consequently, connected miscellaneous petitions are closed. No costs.
20.03.2017.
Index : Yes/No Internet : Yes/No tsh To The Motor Accident Claims Tribunal (Subordinate Judge), Cheyyar at Tiruvannamalai District.
G.CHOCKALINGAM, J.
tsh CMA.No.621 to 623 of 2005 20.03.2017.
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