NATIONAL INSURANCE CO LTD Vs. GUMPELLI MUNISHWAR

JUDGEMENT

(1.) The first respondent is employed as a Hamali in the Food Corporation of India Godowns at Narsampet Village, Warangal District. On 1/1/2004, himself and another person, by name G. Komuraiah, went to Kajipet, on a motor cycle, bearing No.AP 36 K 834, to collect a cheque from the Regional Office of the Food Corporation of India and were returning to Narsampet. On their way, they met with an accident involving a DCM Van bearing No.AP 28T 4495, owned by the 3rd respondent and insured with the appellant. The first respondent sustained several injuries and was treated at various places. He filed O.P. No.240 of 2005 before the Chairman, Motor Accident Claims Tribunal- cum-VI Additional District Judge (III Fast Track Court), Warangal at Mahabubabad, claiming a sum of Rs. 2,00,000.00 as compensation. Through its order, dated 21/1/2006, the Tribunal awarded a sum of Rs.3,24,900.00 together with interest at the rate of 7.5% per annum. Hence, this appeal, by the Insurance Company.

(2.) Sri M Jeevan Reddy, the learned Counsel for the appellant submits that when the claim itself was for Rs.2,00,000.00, there was no justification for the Tribunal in awarding Rs.3,24,900.00 as compensation. He contends that mere payment of Court fee, at a later point of time, cannot be a substitute for the pleadings, justifying the awarding of a sum, over and above what was claimed. The learned Counsel further points out that the award of a sum of Rs.2,30,400.00 towards loss of earnings, on account of disability, cannot be sustained in law.

(3.) Sri M Madhava Reddy, the learned Counsel for the respondents, on the other hand, submits that the Tribunal followed the judgment of the Supreme Court, in awarding the sum, over and above what was claimed in the O.P. He further contends that the medical evidence clearly discloses that the first respondent sustained disability to the extent of 40% and the Tribunal awarded the compensation, duly following the relevant principles.