ORIENTAL INSURANCE CO LTD Vs. SUNDARESHAN

JUDGEMENT

(1.) This appeal by the Insurance Company is directed against the judgment and award dated 12.10.2007 passed by the Motor Accidents Claims Tribunal, Bangalore (SCCH-20) in MVC. No. 7450/2006.

(2.) Respondent No. 1 herein was the claimant before the claim Tribunal. He filed the claim petition seeking compensation for the personal injuries sustained by him in the motor vehicle accident that occurred on 9.8.2006 at about 12.00 p.m. on Old Madras Road, K.R. Puram, Bangalore. The claim petition was contested by the Insurance Company of the offending vehicle. The Tribunal, on assessment of the oral and documentary evidence, quantified the compensation payable to the claimant at Rs. 20,02,500/- as under: <FRM>JUDGEMENT_388_AIRKARR4_2010_1.html</FRM>

(3.) Though this appeal is listed to-day for orders on the application filed for taking out notice of appeal to Respondent No. 1, through paper publication, we have heard Sri. O. Mahesh, learned Counsel for the appellant -Insurance Company on merits. It is the contention of the learned Counsel for the appellant that the claim petition itself was barred under Section 53 of the Employees State Insurance Act, 1948 (for short 'the ESI Act') as the claimant was a member of ESI fund as an employee of GE Country Wide, White field, therefore, the court below could not have entertained the claim petition under Section 166 of Motor Vehicles Act. He further submitted that determination of the functional disability of the claimant at 60% is on the higher side and the monthly income assessed at Rs. 5,900/- is also on the higher side, therefore the award towards loss of future earnings is exhorbitant as such it is liable to be reduced. It is his further submission that the compensation under other heads also are on the higher side and are liable to be scaled down.