The United India Insurance Company Ltd., Tiruchirappalli Vs. K. Dhanabal (died) and Others - Court Judgment

Excerpt:
motor vehicles act, 1988 - section 173 just compensation first respondent sustained grievous injuries in road accident, was hospitalized and subsequently died after prescribed period first respondent s legal heirs sought compensation before tribunal tribunal awarded prescribed amount as compensation appellant/insurance company aggrieved over said award, contended that statutory deductions of prescribed amount had to be reduced -hence this civil miscellaneous appeal court held first respondent sustained grievous injuries in road accident and said injury weakened him and subsequently first respondent died after prescribed period considering said facts tribunal had awarded prescribed amount as compensation and same cannot be construed as excessive as such compensation awarded in present case is just compensation and required no further reconsideration appeal is devoid of merits award passed by tribunal was confirmed directions were issued to parties on deposit and withdrawal of award amount -civil miscellaneous appeal was dismissed. paras: (5) (prayer: civil miscellaneous appeal filed under section 173 of the motor vehicles act, 1988, against the judgment and decree passed in m.c.o.p.no.2644 of 2013, dated 10.04.2007, on the file of the motor accident claims tribunal cum iii-additional sub court, tiruchirappalli.) 1. the present civil miscellaneous appeal has been filed to set aside the order passed in m.c.o.p.no.2644 dated 10.04.2007 on the file of the motor accident claims tribunal cum iii-additional sub court, tiruchirappalli. 2. it is a case of an injury caused due to an accident took place on 11.08.2003, around 7.30 p.m. near trichy-perampalur main road. the injured filed an application seeking compensation before the motor accident claims tribunal cum iii-additional sub court, tiruchirappalli and the tribunal, by considering the facts and circumstances of the case awarded a sum of rs.2,09,560/- as total compensation. 3. challenging the same, the appellant united india insurance company preferred the present appeal, on the ground that the statutory deductions are not considered by the tribunal and the statutory deduction amount of rs.30,000/- is to be reduced. 4. heard the learned counsel for the appellant insurance company and perused the materials available on record. 5. considering the facts and circumstances, this court is able to find that the injury weakened the injured person and the said injured subsequently died after seven months and it was converted as a fatal case and accordingly the tribunal has awarded a total compensation of a sum of rs.2,09,560/- and the same cannot be construed as excessive. this court is of the opinion that the compensation awarded in the present case on hand is a just compensation and required no further reconsideration and accordingly the present appeal is devoid of merits and the same liable to be dismissed. 6. hence, the award passed by the motor accident claims tribunal cum iii-additional sub court, tiruchirappalli, in m.c.o.p.no.2644 of 2013, dated 10.04.2007, is confirmed. 7. in the result, the civil miscellaneous appeal is dismissed. no costs. consequently, connected miscellaneous petition is closed. 8. the appellant is directed to deposit the entire award amount with accrued interest and costs to the credit of m.c.o.p.no.2644 of 2013, dated 10.04.2007, on the file of the motor accident claims tribunal cum iii-additional sub court, tiruchirappalli, within a period of four weeks from the date of receipt of a copy of this judgment, if not already deposited and on such deposit being made, the respondent/claimant is directed to withdraw the same through rtgs by filing necessary applications before the tribunal concerned.