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2012 Supreme(Mad) 3580

R.BANUMATHI, R.SUBBIAH
United India Insurance Co. Ltd. , T. Nagar, Chennai – Appellant
Versus
V. Dineshkumar – Respondent


Advocates Appeared:
For the Appellant:S. Arunkumar, Advocate.
For the Respondents:R1 - M. Swamikannu, Advocate.

JUDGMENT

R.SUBBIAH, J. -

1. This appeal arises out of an award (24.07.2006) passed by the Motor Accidents Claims Tribunal (Fast Track Court No.I), Chennai, in M.C.O.P.No. 5035 of 2000.

2. Appellant is the second respondent and first respondent is the claimant before the Tribunal. Second respondent, the owner of the vehicle, remained ex parte before the Tribunal.

3. Brief facts are as follows:

First respondent-claimant sustained grievous injuries in a motor vehicle accident, which occurred on 19.11.2000 involving a vehicle bearing registration No.TN-09-L-6826, owned by the second respondent and insured with the appellant insurance company, for which, he made a claim before the Tribunal for a sum of Rs.26.26 lakhs as compensation. The Tribunal, after finding that the accident was caused due to negligence of the driver of the second respondent, by order dated 24.07.2006, quantified the compensation and passed an award for Rs.11,00,000/-. Questioning the said finding, the insurance company has filed the present appeal stating that the amounts awarded by the Tribunal are excessive.

4. Inasmuch as the issue is confined only to the quantum of compensation, it is not necessary to traverse






















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