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2014 Supreme(Mad) 370

R.MAHADEVAN
ICICI Lombard General Insurance – Appellant
Versus
V. Prakash – Respondent


Advocate Appeared
For the Appearing Parties:R. Sreevidhya, R. Thirugnanam for M.J. Vijayaraghavan, Advocates.

JUDGMENT

1. This appeal has been preferred by the Insurance Company against the award dated 20th January 2011 passed by the Motor Accident Claims Tribunal( IV Small Causes Court Judge ) Chennai in M.C.O.P 4720 of 2007. The Cross objection has been filed by the claimant seeking an enhancement. The enhancement sought now, was already claimed before the Tribunal at the time of Arguments.

2. For the sake of convenience, the parties will be referred as per their rank in the original petition.

3. Both the parties are aggrieved by the quantum of compensation awarded. In short, the 2nd respondent is seeking a reduction and the claimant is seeking an enhancement. The negligence and validity of insurance policy are not in dispute.

4. The claimant was on his way to Chennai in the scorpio car of the 1st respondent when the accident occurred on 24.06.2007 at about 14.30 Hrs. The claimant, who was just 21 at that time, suffered grievous injuries to his spinal cord paralyzing his movement perpetually. After considering the documentary as well as oral evidence, the Tribunal fixed the salary of the claimant at Rs.10,000/- per month and awarded a compensation of Rs.25,50,000/- with costs and 7.5% inter














































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