National Insurance Company Limited vs Velmurugan on 23 December, 2005
In the decision in National Insurance Company Limited Vs.
Krishnan reported in 2013(1) TNMAC 729 relied on by the learned counsel for
the respondent/claimant, a single bench of this court after considering the
decisions of the Honourable Supreme Court held in para 36 of its judgment that
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"If the contention of the Appellant-Insurance Company has to
be accepted, then no compensation can be awarded under
other heads, viz., Disability, Loss of Earning, Pain and
Suffering or under any other pecuniary and non- pecuniary
losses. Even the respondent/claimant will not be in a position
to get back Rs.1,15,934/-, incurred by him, towards medical
expenses. Such a narrow construction of limiting the
compensation only to Rs.1,00,000/- cannot be made, when
sufficient oral and documentary evidence, has been adduced
to prove that the pecuniary and non-pecuniary losses
suffered by the injured, exceeds the maximum limit.
Restricting the compensation to only Rs.1,00,000/- would
defeat the very intention of the legislature, to award, "just
compensation " to the accident victim, and it will not be in
conformity with the judgments of the Apex Court, stated
supra,
On the facts and circumstances of the case, this
court is of the view that the overall quantum of compensation
awarded to the respondent/ claimant cannot be said to be
grossly excessive. In the result, the civil miscellaneous appeal
is dismissed. The appellant/Insurance Company is directed to
deposit the award amount with accrued interest and costs, to
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the credit of MCOP No.459 of 2008, on the file of the Motor
Accidents Claims Tribunal (Sub-Court), Sankari, within a
period of six weeks from the date of receipt of a copy of this
order. On such deposit being made, the respondent/ claimant
is permitted to withdraw the same, by making necessary
applications before the Tribunal".