This civil miscellaneous appeal is directed against the judgment and decree made in M.A.C.T.O.P.No.16 of 2000 on the file of the Motor Accidents Claims Tribunal, (Subordinate Judge), Bhavani, dated 28.10.2003.
2. The first respondent herein as a claimant has filed a claim petition in M.A.C.T.O.P.No.16 of 2000 before the learned Subordinate Judge, Motor Accidents Claims Tribunal, Bhavani, claiming a sum of Rs.4,32,500/- as compensation for the injuries sustained by him against the respondents 2 and 3 and appellants herein. The Tribunal, after considering the evidence adduced by the claimants, awarded a sum of Rs.2,71,874/- along with interest at the rate of 9% per annum from the date of petition till the date of deposit towards compensation. Aggrieved against the said award passed by the Tribunal, the present appeal is preferred by the appellants/respondents 3 and 4 in the M.C.O.P.No.16 of 2000.
3. The learned counsel for the appellants/Insurance Company would mainly contend that the judgment and decree of the Tribunal is contrary to law, weight of evidence and probabilities of the case. It is further contended that the Tribunal is erred in awarding excessive amount of Rs.2,71,874/- as compensation and hence, he prayed that the award passed by the Tribunal has to be set aside and the appeal has to be allowed.
4. Heard the learned counsel appearing for the first respondent and perused the entire records.
5. On perusal of the judgment of the Tribunal, it is seen that the Tribunal, after considering the oral and documentary evidence adduced on the side of the claimants and also the permanent disability suffered by the claimant at 30%, correctly awarded a sum of Rs.2,71,874/- under the following heads:
Loss of Income - Rs.1,62,000/-
Pain and Sufferings - Rs. 20,000/-
Extra nourishment - Rs. 10,000/-
Transport expenses - Rs. 1,000/-
Medical expenses - Rs. 55,032/-
Damage to vehicle - Rs. 23,842/-
Rs.2,71,874/-
7. The Tribunal, after considering the entire facts and circumstances of the case, correctly fixed the age and income of the deceased and awarded just and reasonable compensation of Rs.2,71,874/-, and in any way, it cannot be termed as excessive. Hence, the argument of the learned counsel for the appellants that the Tribunal awarded excessive compensation is not at all acceptable and hence, the civil miscellaneous appeal deserves to be dismissed.
6. In the result, the civil miscellaneous appeal is dismissed by confirming the judgment and decree dated 28.10.2003 made in M.A.C.T.O.P.No.16 of 2000 on the file of the Motor Accidents Claims Tribunal, (Subordinate Judge), Bhavani. No costs.
27.03.2017 Internet : Yes Jrl To
1. The Subordinate Judge, Motor Accidents Claims Tribunal, Bhavani.
2. The Record Keeper, V.R. Section, High Court, Madras.
G.CHOCKALINGAM, J.
Jrl C.M.A.No.1789 of 2005 27.03.2017 http://www.judis.nic.in