NEW INDIA ASSURANCE COMPANY LIMITED Vs. AZARABEE

JUDGEMENT

(1.) THE appeal is preferred by the appellant-Insurance company against the award dated 21.12.2001 made in MCOP No.726 of 1994 by the Motor Accident Claims Tribunal ( Sub Court), Tiruppur.

(2.) BACKGROUND facts in a nutshell are as follows: The first respondent-claimant met with motor vehicle accident that took place on 06.02.1994 at about 10.30a.m. While he was walking along with his son in Kangeyam Cross Road, a moped bearing registration No.TN 39A 8848 came in a rash and negligent manner and hit the claimant. Due to the said impact, the first respondent-claimant, sustained grievous injuries. Immediately he was admitted in Government Headquarters Hospital, Tiruppur. He claimed a sum of Rs.6,35,250/- but restricted his claim to Rs.4,00,000/- as compensation before the Tribunal. The appellant-Insurance company resisted the claim. On pleadings the Tribunal framed the following issues:- 1. Whether the claimant is entitled to compensation? 2. Whether the petition is liable to be allowed? After considering the oral and documentary evidence, the Tribunal held that the first respondent-claimant is entitled to compensation and awarded a sum of Rs.93,750/- with interest at 9% per annum from the date of petition and the details of the same are as under:- Permanent disability Rs.78,750/- Pain and sufferings Rs. 5,000/- Medical expenses Rs.10,000/- ------------------ Total... Rs.93,750/- ------------------ Aggrieved by that award, the appellant-Insurance company has filed the present appeal.

(3.) ACCORDINGLY, the civil miscellaneous appeal is allowed and the matter is remanded to the Tribunal to consider the questions stated in the above paragraphs of this judgment. No costs.