UNITED INDIA INSURANCE COMPANY LTD , REP BY BRANCH MANAGER Vs. T K VEERARAGHAVAN AND K P N TRANSPORTS REPRESENT BY ITS PROPRIETOR

JUDGEMENT

(1.) This appeal is preferred by the appellant-Insurance Company against the judgment and Decree dated 28.12.2004 made in M.C.O.P. No. 1140/2000 on the file of the Motor Accident Claims Tribunal, (Chief Judicial Magistrate Court), Trichy.

(2.) Background facts in a nutshell are as follows:

(3.) Learned Counsel appearing for the appellant-Insurance Company questioned only the quantum of compensation awarded by the Tribunal and vehemently contended that the amount awarded by the Tribunal is excessive, exorbitant and also without any basis and justification. Further, he contended that the Tribunal has awarded a sum of Rs. 15,000/- towards pain and suffering and another sum of Rs. 15,000/- towards mental shock and mental agony. Further, the Tribunal has awarded a sum of Rs. 20,000/- towards mental shock for disfigurement. The Tribunal ought not to have awarded these amounts as they are related to the same heads. Therefore, the award passed by the Tribunal is not in accordance with law and the same has to be set aside.