NEW INDIA ASSURANCE CO LTD Vs. M KUMAR

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeal has been filed by the appellant/second respondent against the Award and Decree, dated 13.08.2004, made in M.C.O.P.No.1159 of 2002, on the file of the Motor Accident Claims Tribunal, Additional District Court, Fast Track Court No.V, Coimbatore at Tiruppur, awarding a compensation of Rs.2,23,088/- together with interest at the rate of 9% per annum from the date of filing the petition till the date of payment of compensation.

(2.) AGGRIEVED by the said Award and Decree, the appellant/second respondent has filed the above appeal praying to scale down the compensation amount granted by the Tribunal.

(3.) THE second respondent has filed a counter statement and resisted the claim of the petitioner. THE second respondent denied that the accident had happened on 09.04.2002, at about 04.30 p.m. near Radha Rani THEatre, Singanallur at Trichy Road. THE second respondent did not admitted the age, nature of injuries sustained by the petitioner, period of treatment undergone. Further, the petitioner has alleged that he was a student at the time of the said accident, for which he has to produce sufficient documents. At the time of accident, the petitioner was not an earning person. THE petitioner claimed a sum of Rs.2,00,000/- for loss of income, Rs.25,000/- for partial loss of income, Rs.10,000/- for treatment, Rs.50,000/- for pain and suffering, Rs.1,000/- for transport expenses, Rs.10,000/- for extra nourishment and Rs.1,00,000/- for permanent disability are all not pertinent under the above mentioned heads. Hence, he prayed to dismiss the claim petition, which is not maintainable.