THE ORIENTAL INSURANCE CO. LTD. Vs. RAVI

JUDGEMENT

(1.) THE appellant has filed this Civil Miscellaneous Appeal challenging the quantum of compensation passed in judgment and decree dated 2.6.2008 by the Motor Accidents Claims Tribunal, Fast Track Court, Namakkal in MCOP.No.617 of 2005 for the injuries caused to the first respondent/petitioner in the road traffic accident on 5.1.2001. The first respondent/petitioner has filed claim petition claiming compensation of Rs.2,00,000/ - for the injuries sustained by him by contending that on 5.1.2001 at about 8.30 pm, near Ellaikaruppu Kovil, Unniyur, Trichy District, while he was going on the left side of the road, the second respondent's Tractor bearing Regn. No. TN 28 B -7753, came in the opposite direction, driven by its driver in a rash and negligent manner and dashed against him and due to the accident he sustained injuries and hence claimed compensation from the second respondent and appellant who are owner and insurer of the abovesaid vehicle.

(2.) THE owner of the vehicle remained exparte before the Tribunal and also no appearance before this Court. On the side of the appellant, who is the second respondent before the Tribunal, has denied the manner of accident as alleged in the petition and also denied the nature of injuries, disability and other factors and contended that the amount of compensation claimed on various heads are highly excessive and exorbitant.

(3.) CONSIDERING the abovesaid oral and documentary evidence of the PW.1, who is the injured petitioner and also Ex.P1 -copy of FIR, Ex.P3 -Motor Vehicle Inspector's report, Ex.P4 -copy of chargesheet, Ex.P5 -copy of criminal court judgment and Ex.P6 -copy of rough sketch and also considering the fact that no contra evidence on the side of the respondents, the Tribunal has held that the accident had occurred only due to rash and negligent driving of the second respondent vehicle's driver and hence owner and insurer of the vehicle are liable to pay compensation and awarded Rs.50,000/ - for injuries, Rs.20,000/ - for pain and suffering, Rs.10,000/ - for extra nourishment, Rs.5000/ - for transport expenses, Rs.50,000/ - for loss of earning, Rs.2,880/ - for medical expenses and awarded total compensation of Rs.1,37,880/ -. In this appeal, the second respondent -insurance company has not challenged the abovesaid finding regarding negligence and liability. This appeal is filed by the appellant/insurance company only questioning the quantum of compensation awarded by Tribunal by stating that it is excessive and exorbitant.