ORIENTAL INSURANCE CO. LTD Vs. M.SHAJEEB

JUDGEMENT

(1.) THE Insurer fourth respondent in OP(MV) No.665/03 on the file of the Motor Accidents Claims Tribunal, Thiruvananthapuram, is the appellant herein. The claim was filed by the first respondent for the injuries and consequential disabilities suffered by him in a motor vehicle accident caused on account of the negligent driving of the vehicle 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 its driver insured with the appellant and awarded a total compensation of Rs.5,28,435/ - on various heads as follows; Aggrieved by the quantum of compensation awarded, the Insurance Company has come before this court by filing the above appeal. <FRM>JUDGEMENT_1383_TLKER0_2013.htm</FRM>

(2.) WE have heard counsel for the Insurance Company and the counsel for the respondent/claimant.

(3.) ON the other hand, counsel for the respondent submitted that he was working as a motor mechanic in Soudi Arabia from 1994 onwards and he had produced his passport and also certificate issued by his employer to prove this fact. But, in spite of that, the Tribunal has taken only Rs.10,000/ - per month and awarded compensation. So there is no necessity to interfere with the amount awarded by the Tribunal which is in fact very less comparing to the monthly income earned by the respondent at the time of accident.