The Oriental Insurance Company Ltd, through its Divisional Manager vs V.Muthupandi, & Anr.

The Oriental Insurance Company Limited has filed this appeal questioning the award dated 30.10.2013 made in MCOP.No.2090 of 2008 on

the file of the Motor Accidents Claims Tribunal, IV Additional Sub Judge, Madurai.

The first respondent herein is the claimant. The first respondent was travelling in a goods vehicle on 16.06.2008 as a cleaner cum loadman. The

vehicle capsized on account of the rash and negligence driving of the driver. The claimant suffered injuries. The vehicle was insured with the

appellant herein. The Tribunal fixed the negligence on the driver. The claimant examined himself as PW 1. He sustained 57% partial permanent

disability.

The Tribunal awarded a sum of Rs.1,98,249/- after awarding compensation under other conventional heads. The approach of the Tribunal

cannot be faulted. Considering the injuries suffered by the claimant, the award amount is also not excessive. There is no need to interfere with the

same. This appeal is without any merit. It stands dismissed.

The appellant insurance company is directed to deposit the entire compensation amount with accrued interest and costs as awarded by the

Tribunal within a period eight weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit,

the claimant is entitled to withdraw the same, less the amount already withdrawn by him, if any by filing proper application before the Tribunal.

This Civil Miscellaneous Appeal is dismissed. No costs.

Consequently, connected miscellaneous petition is closed.