This Civil Miscellaneous Appeal has been preferred against the award passed by the Tribunal fixing the liability on the appellant-Insurance Company and awarding a sum of Rs.70,000/- (Rupees Seventy Thousand only) to the first respondent/claimant, for the injuries sustained by him in the accident occurred on 22.10.2000, when he was travelling in a lorry belonging to the second respondent insured with the appellant-Insurance Company as a loadman of the second respondent.
2. Heard Mr.C.Ramachandran, learned Counsel for the appellant-Insurance Company.
3. Though the learned Counsel for the appellant-Insurance Company contended that the first respondent/claimant is a gratuitous passenger, the Tribunal held that he is a loadman as R.W.1 - Officer of the appellant- Insurance Company himself admitted in his evidence that the first respondent/claimant is also covered by the insurance policy taken by the second respondent. Therefore, the question of gratuitous passenger does not arise.
4. The first respondent/claimant suffered a fracture in the right wrist and also injuries all over the body and he was hospitalized for seven days as proved by Ex.P.2 - Discharge Card. P.W.3 - Doctor who spoke about the injuries and the disability sustained by the first respondent/claimant, fixed the disability at 39% and accordingly, as per Ex.P.7 - Disability Certificate, the Tribunal instead of taking 39%, considered the disability at 30% and awarded a sum of Rs.60,000/- (Rupees Sixty Thousand only) and the said award of Rs.60,000/- (Rupees Sixty Thousand only) towards permanent disability cannot be found fault with and similarly, the amounts awarded under the other heads are also reasonable. The rate of interest awarded by the Tribunal at 7.5% per annum is also confirmed.
5. In the result,
(i) This Civil Miscellaneous Appeal fails and the same is dismissed;
(ii) The first respondent/claimant is entitled to a sum of Rs.70,000/- (Rupees Seventy Thousand only) along with interest at the rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs;
(iii) The appellant-Insurance Company is directed to transfer the entire award amount along with interest at rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs, less the amount already deposited, if any, to the Personal Savings Bank Account Number of the first respondent herein/claimant through RTGS/NEFT, after getting the Account Details of the first respondent/claimant by the Officials of the appellant-Insurance Company, within a period of four weeks from the date of receipt of a copy of this judgment.
(iv) In the facts and circumstances of the case, there shall be no order as to costs. Consequently, the connected civil miscellaneous petition is closed.
To
1.The Motor Accident Claims Tribunal - cum -
I Additional District Judge, Tiruchirappalli.
2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai..