Rajan vs P.J. Benzigar, K.C. Alexander and The Manager, Oriental Insurance Co. Ltd.

S. Siri Jagan, J.—The claimant in a motor accident claim, viz., O.P. (M.V). No. 30/1998 before the District Court, Kollam, (IInd Additional Motor Accidents Claims Tribunal, Kollam), is the appellant herein. He filed the O.P. claiming compensation for the injuries sustained by him in an accident caused by the negligent driving of a scooter by the 2nd respondent. The Tribunal, after finding negligence on the part of the driver of the vehicle in causing the accident assessed a total compensation of Rs. 6,70,700/-. But the Tribunal limited the compensation to Rs. 4,00,000/- on the ground that the appellant has claimed only Rs. 4,00,000/- in his claim petition. The contention of the appellant is that in the decision in Nagappa Vs. Gurudayal Singh and Others, , the Supreme Court has held that there is no restriction that the Tribunal cannot award compensation amount exceeding the claim amount. In the above circumstances, the appellant submits that the Tribunal ought to have awarded the entire amount of Rs. 6,70,700/-assessed by the Tribunal directing deduction of the court fee payable on the additional amount awarded from the amount deposited by the insurance company. We have heard the learned counsel for the insurance company as well.

Of course, the learned counsel for the insurance company would contend that the multiplier adopted for calculating loss of earning power is higher than what has been fixed in the decision of the Supreme Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, . But the insurance company has not even filed a cross appeal in this appeal. Apart form that, considering the fact that the appellant has become totally invalid, we are not inclined to entertain that contention. In view of the decision in Nagappa''s case (supra), the law on the subject is no more res integra. The Supreme Court has held that it is competent for the Tribunal to award more compensation than what has been claimed in the petition, provided the compensation assessed is just and reasonable. That being so, we are satisfied that the Tribunal went wrong in limiting the compensation payable to the appellant Rs. 4,00,000/- after assessing just and proper compensation of Rs. 6,70,700/-. Accordingly, we hold that the appellant is entitled to the entire amount of Rs. 6,70,700/- assessed by the Tribunal. The insurance company is directed to deposit the balance amount also within three months. However, the appellant is liable to pay additional court fee on the balance amount and the insurance company shall produce a certified cheque or D.D. for the additional amount, which shall be remitted towards court fee by the Tribunal. The additional amount deposited shall also be deposited in a nationalised bank in accordance with the directions of the Tribunal.

With the above modification of the impugned award of the Tribunal, this appeal is disposed of.