MANAGER, TATA AIG GENERAL INS. CO. Vs. KATHAMUTHU

JUDGEMENT

(1.) The insurance company is the appellant herein challenging the award passed in M.C.O.P.No.196 of 2014 on the ground of quantum of compensation. The factum of the accident, manner of the accident, rash and negligence on the part of the driver of the offending vehicle and the policy coverage of the vehicle with the appellant/insurance company are not in dispute.

(2.) The learned counsel for the insurance company could contend that by granting the award amount of Rs.9,08,954.00 for medical expenses, as per Ex.P5-medical bill, the tribunal has committed an error without noticing the fact that a sum of Rs.4,00,000.00 being the amount reinvested by the insurance company under the medi-claim policy to the injured, the claimants has already been granted and the insurance company has already been paid the amount to the hospital and hence, the same cannot be awarded. Based upon the oral evidence of the Doctors-PW2 and PW3 coupled with the Ex.P7-discharge summary and Ex.Pll-disability certificate has rightly come to the conclusion that the claimant injured had suffered permanent disability to the extent of 30% and since the date of accident being of the year 2004 for 1% disability Rs.2500.00 was granted and accordingly, for 30%, [30xRs.2,500/-]=Rs.75,000.00 was granted and the same is appeared to be fair and reasonable.

(3.) The quantum of compensation granted to pain and suffering, loss of income during the treatment period, value of two bullocks, for damage of bullock cart are appears to be just and reasonable. After perusing the quantum of compensation, Rs.50,000.00 was granted for permanent disability and hence, paying the double compensation the same is hereby stands vacated. The pain and suffering amount is hereby confirmed. Towards attender charge Rs.10,000.00 is hereby granted and for nutrition and extra nourishment is enhanced from Rs.5,000.00 to Rs.10,000.00 and for loss of amenities Rs.10,000.00 is granted.