UNITED INDIA INSURANCE CO LTD Vs. C SEKAR

JUDGEMENT

(1.) THE Insurance Company has come forward with this appeal in respect of an award of Rs. 3,37,000.00 granted for an injury caused to the claimant in an motor accident.

(2.) ACCORDING to the Insurance Company, the claim itself is a bogus claim and the claimant has tried to cheat the very Court itself by mis-representing, suppressing and also by filing three cases for the same accident on three different places and having chosen to withdraw two cases, has continued the third case in which an exorbitant amount has been awarded as compensation in an injury case that too by applying and adopting the multiplier method which is against the dictums of the Hon'ble Supreme Court and the Hon'ble High Court and therefore, it is a fittest case where the mis-use and abuse of the motor accident has to be exposed. Hence, the appeal is preferred by the Insurance Company.

(3.) THE learned counsel appearing for the claimant/respondent would contend that the accident is true accident and is genuine. THE injury sustained is correct as even from the Kovai Medical Centre documents especially when the originals has been sent for. THE timings has been correctly proved and the fact that the claimant had multiple injuries would also entitle him to get the benefit as per the multiplier method. THE not-pressing of the two applications would not be a bar for him to claim as there is no order passed in those cases and it would not amount to res judicata and therefore also claim is sustainable. But, insofar as the method of applying three petitions for the same accident, he only would state that he has been misled. THErefore, that could be excused was his argument.