UNITED INDIA INSURANCE CO LTD Vs. R CHINNARAJ

JUDGEMENT

(1.) THE Civil Miscellaneous Appeals are filed by the Insurance Company against the Award and Decree made in MCOP Nos. 670 of 2004 and 687 of 2004 dated 13. 07. 2006 on the file of the Motor Accidents Claims Tribunal (ADJ) at Dharmapuri.

(2.) BACKGROUND facts in a nutshell are as follows:-On 01. 11. 2003 at about 3. 00 p. m. , one Chinnaraj was riding the TVS-50 moped, along with one Ganesan, who was the pillion rider, in the Papparapatty to Palacode Main Road. When the moped was nearing Thottalampatty, a bus bearing Registration No. TN-29-H-4455, belonging to one Veeramani, the second respondent herein, came from the opposite direction at great speed in a rash and negligent manner, dashed against the moped. Due to the accident, both the rider as well as the pillion rider fell down and sustained grievous injuries. Both of them were admitted in the Government Headquarters Hospital, Dharmapuri. The claimants claimed a compensation of Rs. 13,20,000/- each but restricted their claim to Rs. 7,00,000/- each in MCOP No. 670 of 2004 (CMA No. 3139 of 2007) and MCOP No. 687 of 2004 (CMA No. 3140 of 2007) respectively. The appellant / Insurance Company resisted the claims. On pleadings, the Tribunal framed the following issues:-

(3.) LEARNED counsel appearing for the appellant / Insurance Company questioned only the quantum of compensation awarded by the Tribunal and stated that it is excessive and exorbitant, without basis and justification, and that therefore, the common order passed by the Tribunal is not in accordance with law and the same has to be set aside.