UNITED INDIA INSURANCE CO LTD Vs. SEKHARA MARAR

JUDGEMENT

(1.) These appeals are directed against the award passed by the Motor Accidents Claims Tribunal, Perumbavoor, in O.P. (MV) No. 1575/2000. M.A.C.A. No. 803/2006 is filed by the insurer of the offending vehicle and M.A.C.A. No. 1312/2006 is filed by the claimant. The claimant's elephant by name Ganesan sustained grievous injuries in a road traffic accident occurred on 30.8.2000. Thereafter it lived only for 21 days. The claimant filed a petition before the learned Tribunal claiming a sum of Rs. 10 lakhs for his loss against which, the learned Tribunal awarded only Rs. 2,23,140/- as compensation.

(2.) The insurance company would challenge the award on the ground that the learned Tribunal granted a sum of Rs. 1,20,000/-, as the alleged loss of income from the elephant in addition to the entire loss caused due to the death of the elephant.

(3.) In the claimant's appeal, he would challenge the award on the ground that the Tribunal has deducted an amount of Rs. 3,15,964/- from the compensation awarded to him on the ground that he had received that amount from the insurer of the elephant, on the basis of a separate policy issued in his name.