KERALA STATE INSURANCE DEPARTMENT Vs. V. ISMAIL

JUDGEMENT

(1.) THE 3rd respondent -insurance company in O.P.(M.V).No. 3554/1994 on the file of the Motor Accidents Claims Tribunal, Kozhikode, is the appellant herein. The application for compensation was filed by the 1st respondent herein for the injuries and disability suffered by him and also for the damage caused to his car, due to the negligent driving of the vehicle by its driver, insured with the appellant -insurance company. After considering the evidence on record, the Tribunal found that the accident occurred due to the negligent driving of the vehicle by the driver, insured with the appellant and awarded Rs. 3,10,440/ - for personal injuries and Rs. 66,000/ - for property damage and total amount of Rs. 3,76,440/ - with interest at the rate of 9% from the date of petition till date of payment. Aggrieved by the quantum and liability fixed, the appellant has preferred this appeal.

(2.) THE policy was not produced before the lower court. But the appellant has produced the policy of the vehicle along with I.A.No.2126/2006 before this Court with a prayer to receive additional evidence by this Court under Order XLI Rule XXVII of Code of Civil Procedure and considering the reasons stated in the application, we are inclined to allow the same and mark the policy as Ext.B1 before this Court.

(3.) THE learned counsel for the appellant submitted that the policy is an "Act Only Policy" and the Tribunal has awarded Rs. 66,000/ - as damage to the property, making the appellant liable to pay the entire amount, which is unsustainable in law. As per the provision of the Motor Vehicles Act, they are liable to cover only Rs. 6,000/ - in the case of property damage as per the "Act Only Policy". Further, the Tribunal has awarded Rs. 1,00,000/ - under the head, future treatment, which has not been proved. The Tribunal was not justified in awarding interest for the amount awarded for future treatment as it is not an incurred amount, but will be spent in future. So the total compensation awarded is also on the higher side.