ORIENTAL INSURANCE CO LTD Vs. M SELVI

JUDGEMENT

(1.) WITH the consent of the learned counsel on either side, the civil miscellaneous appeal is itself taken up for final disposal.

(2.) NOTICE to Respondents 3 and 4 is dispensed with, since they are the owner and the driver of the vehicle involved in the accident.

(3.) BUT at the same time, we cannot say that there is no loss to the estate at all. The loss to the estate is the expenses incurred by the parents in giving treatment to their son. Exhibit A.9 series are the medical bills for a sum of Rs.15,000/- and Exhibit A.11 series are the bills for a sum of Rs.27,042/-, being the expenses incurred by the claimants to meet the medical treatment given to their son. The total of these two bills comes to Rs.42,042/-. The Tribunal quantified the expenses incurred in giving the treatment to the injured at Rs.41,995/-. Having regard to the entirety of the facts available on record, we are of the opinion that the claimants are definitely entitled to be compensated to the extent of Rs.42,042/-, being the loss to the estate. Taking a sympathetic view in this case, we are inclined to round off this sum to Rs.50,000/-so that the family would get some relief.