NATIONAL INSURANCE CO. LTD. Vs. NACHIAPPAN

JUDGEMENT

(1.) FOR Fourth Respondent/Insurer is the Appellant herein. The Appeal is directed against the award of compensation of Rs.7,60,764/ - with interest at 7.5% p.a. from the date of Petition, made in favour of the First Respondent/Claimant/since deceased, who was the injured in the accident occurred at 10.15 a.m. on 4.9.2002 at Thoothukudi. The accident was caused by the rash and negligent driving of the Tata Indica Car in which the injured was travelling from Rajapalayam to Thoothukudi and the same was at the time of accident, owned by one late Radhakrishnan, who was the husband of the First Respondent and father of the Respondents 2 & 3 and the vehicle was insured with the Fourth Respondent at the time of accident. The injured/Claimant came forward with the Claim Petition seeking compensation of Rs.45,42,077/ - under various heads and restricted the same to Rs.10 lakhs. The Tribunal on the basis of the evidence let in awarded Rs.7,60,764/ - under the following heads: <FRM>JUDGEMENT_5930_TLMAD0_2011.htm</FRM>

(2.) THE Appellant/Insurer has filed this Appeal not by disputing the liability but by seriously disputing the award of compensation for Medical Expenses, Loss of Amenities and Loss of Expectation of Life and Loss of Leave Salary and Loss of Future Earning Capacity. During the pendency of this Appeal the Claimant/injured died of natural cause and the Appeal is contested by his legal heirs.

(3.) AS far as medical expenses incurred by the Claimant is concerned, Ex.P14 to Ex.P17 -Medical Bills show that it is Rs.1,29,698/ - out of which the Petitioner/Claimant was reimbursed at the time of Rs.79,476/ - and the Claimant spent Rs.15,197.76 on his own, whereas, the Tribunal awarded Rs.1,50,000/ - for Medical Expenses insured less the amount reimbursed Future Medical Expenses and Attendant 's Charges. It is no doubt true that the injured was taken treatment for about six months and he was dependant upon and assisted by his wife and attendant male amid engaged to assist him in the course of his treatment and Ex.P18 is the statement of expenses incurred towards Transport Expenses, to the tune of Rs.24,020/ - towards Extra -Nourishment and salary paid to the maid servant. The reading of the same reveals that out of Rs.24,020/ - the salary paid to the attendant comes only about Rs.20,000/ -. It is not in dispute that the Claimant did not admittedly undergo any further operation during his life time and he died of natural cause and certainly not due to any ailment having nexus with the injuries sustained by him in the accident. In that event, the amount due to be payable to the original Claimant on his L.Rs. is only the actual medical and other expenses incurred and reasonable amount incurred for further treatment actually undergone and the same can be in my considered view reasonably fixed as Rs.1,00,000/ - as against Rs.1,50,000/ - awarded by the Tribunal.