ORIENTAL INSURANCE COMPANY LIMITED Vs. GAYATHRI UMESH

JUDGEMENT

(1.) These appeals are filed by M/s. Oriental Insurance Company Limited (for brevity 'insurance') against the judgment and award dated 27.10.2009 passed by the I Addl. Civil Judge (Sr.Dvn.) & MACT, Mysore in MVC Nos.237/2007 and 238/2007 awarding compensation of Rs. 24,89,500/- and Rs. 9,75,000/- respectively. The aforesaid appeals were disposed of by Co-ordinate Bench of this Court on 26.11.2014 while remanding the matter to the Tribunal. Feeling aggrieved by the judgment dated 26.11.2014, respondents - S Umesh and another, filed appeals before the Hon'ble Supreme Court which were numbered as C.A.nos.(S) 8774- 8775/2015 which was decided on 12.08.2016, wherein matters were remanded to this Court for reconsideration and to pass appropriate orders afresh without being influenced by the observations made in the impugned judgment, however, order with regard to the medical evidence while imposing certain conditions on the Oriental Insurance Company Limited to deposit sum of Rs.10.00 lakh in C.A.No.8774/15 and Rs.5.00 lakh in C.A.No.8775/15 in favour of respective appellants before this Court within two weeks from the date of the order. Further, appellants therein were directed to withdraw the aforesaid amount subject to final decision in the matter. Hence, MFA Nos.3888/10 and 3520/2010 are decided afresh.

(2.) Brief facts of the case are that on 22.10.2006 at about 6.00 PM when the claimants were traveling in chauffeur driven Toyota Qualis bearing No.KA-09/N- 2676 from Kanya Kumari to Madurai along with some of their family members, lorry bearing No.TN-69/T-0109 driven by its driver one P.Murugan (1st respondent in all the three MVCs) drove the lorry in rash and negligent manner from opposite direction, hit against the claimants vehicle near Gaangai Kondan Deer Park which resulted in grevious injuries being sustained to S.Umesh (MVC No.237/2007), Gayathri Umesh (MVC No.238/07) and simple injuries to Mrs.Geetha Venkatrao (MVC No.239/07). They claimed compensation in sum of Rs.90,62,269/-, Rs.64,76,050 and Rs.11,09,861/- respectively under various heads from the respondents along with interest @ 18% p.a. The Tribunal passed a common order on 27.10.2009 which reads as under:

(3.) Learned counsel for the appellants Insurance restricted its argument in respect of claimant S.Umesh in MVC No.237/07 to the extent of income as Rs.30,000/- per month taken by the MACT. Further, award of compensation on various heads are exorbitant.