JAGGANATH TEXTILES COMPANY PVT LTD Vs. S KANNAN

JUDGEMENT

(1.) The Insurance Company and the owner of the offending vehicle who suffered an award for payment of Rs. 14,87,000/- with interest and costs in MCOP No.1064 of 1993 on the file of the Motor Accident Claims Tribunal, (Principal Sub Judge), Coimbatore, have come forward with the above appeal challenging the quantum of compensation.

(2.) The Claim petition was filed by the 1st respondent herein seeking compensation for the injuries sustained by him in the motor accident that took place on 21.08.1993. Originally the claimant made a claim for Rs. 7,00,000/- and the Tribunal awarded a sum of Rs. 3,78,380/-. On appeal before this Court, it was brought to the notice of the Division Bench which heard the appeal that the claimant had undergone several surgeries after the disposal of the Original Petition by the Tribunal and a cross objection was also filed in Cross Objection No.5 of 2005 in CMA No.829 of 1996. Apart from filing the Cross objection, applications in CMP Nos.6639, 6640 of 2005 were also taken out for amending the Original Claim Petition seeking enhanced the compensation of Rs. 20,75,000/- and for letting in additional evidence.

(3.) At the time of hearing of the appeal, the Division Bench noted that the subsequent events will have to be proved by way of evidence and therefore, remitted the matter to the Tribunal for fresh consideration. There upon, the Claim Petition was amended by the claimant seeking enhanced compensation of Rs. 20,75,000/-. After remand, the Tribunal granted a sum of Rs. 14,87,000/- as compensation and whatever amounts that were paid during the pendency of the CMA before this Court in CMA No.829 of 1996 was directed to be deducted, from the compensation now awarded. Claiming that the compensation awarded is on higher side, the Insurance Company and the owner have come forward with this Appeal.