The Insurance Company / second respondent in M.C.O.P.No.459 of 1999 on the file of the Motor Accidents Claims Tribunal (Sub-Court), Mettur, is the appellant. The first respondent is the claimant has filed the petition claiming compensation of Rs.1,00,000/- for the injuries sustained by him in a motor accident on 20.01.1999. The second respondent is the owner of the offending vehicle. The Tribunal has awarded a total compensation of Rs.24,000/-.
2. Challenging the quantum of compensation, the Insurance Company preferred the appeal.
3. The accident occurred on 20.01.1999 at about 1.00p.m. According to the claimant, he travelled in a Tempo Van bearing Registration No.TN-27-Y-0777, and it was driven by one Govindan, in a rash and negligent manner and hit the oncoming Lorry, bearing Registration No.TN-04-C-2595, as a result of which, he sustained grievous injuries. The offending vehicle was insured with the appellant / Insurance Company. He claimed a total compensation of Rs.1,00,000/-.
4. After considering the oral and documentary evidence, the Tribunal held that the accident occurred due to the negligent act of the driver of the Tempo Van and awarded total compensation of Rs.24,000/- with interest at the rate of 9% per annum.
5. The learned counsel appearing for the appellant / Insurance Company would submit that the total compensation fixed by the Tribunal was excessive.
6. The learned counsel for the first respondent / claimant would submit that only a reasonable amount was awarded by the Tribunal.
7. It is seen from the records that three petitions have been filed arising out of the accident in question. Ex.P.15 is the wound certificate marked by the claimant. He suffered six injuries. One of the injuries was found to be grievous in nature. Having regard to the nature of injuries sustained by the claimant, the Tribunal awarded compensation of Rs.20,000/- and it is allowed Rs.6,500/- under the head pain and sufferings and Rs.5,000/- under the head medical expenses. It has allowed Rs.264/- for purchase of medicines. The Tribunal fixed Rs.32,000/- as total compensation.
8. The Tribunal apportioned the liability in the ratio of 75:25, as according to the Tribunal it is a case of composite negligence and it directed the appellant to pay Rs.24,000/- being 75% of the compensation.
9. As already noticed, the claimant suffered a fracture. Having regard to the number and nature of injuries, it cannot be said that the quantum fixed by the Tribunal was excessive. The Tribunal awarded only a reasonable amount as compensation. I am satisfied that the award is justified on facts and it does not require any interference.
10. In the result, the Civil Miscellaneous Appeal is dismissed. The compensation awarded by the Tribunal is confirmed. The appellant / Insurance Company is directed to deposit the entire award amount of Rs.24,000/- [Rupees Twenty Four Thousand only] with interest at the rate of 9% per annum and costs, less the statutory deposit, to the credit of M.C.O.P.No.459 of 1999 on the file of the Motor Accidents Claims Tribunal (Sub-Court), Mettur, the first respondent / claimant is permitted to withdraw the same with proportionate interest less the amount already withdrawn, if any, by making necessary application before the Tribunal. Consequently, connected Miscellaneous Petition is closed. There shall be no orders as to costs.
28.02.2017 Index : Yes/No Internet : Yes sri To The Motor Accidents Claims Tribunal (Sub-Court), Mettur.
N.AUTHINATHAN, J., sri C.M.A.No.1743 of 2005 28.02.2017 http://www.judis.nic.in