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2009 Supreme(Mad) 5870

C.S.KARNAN
United India Insurance Co. Ltd. – Appellant
Versus
P. Palaniappan – Respondent


Advocates Appeared:
For the Appellant : S. Arun Kumar
For the Respondent: R. Neelakandan

JUDGMENT :

C.S. Karnan, J.

The above civil miscella- decree, dated 31.12.2002, made in O.P. neous appeal has been filed by Appellant/No. 408 of 1999, on the file of the Motor Respondent No. 2 against the award and Accidents Claims Tribunal, Additional District Judge, Fast Track Court-I, Salem, awarding a compensation of Rs. 10,29,123 with 9 per cent interest per annum, from the date of filing the petition till the date of payment of compensation.

2. Aggrieved by the said order, the Appellant United India Insurance Company Ltd., has filed the above appeal praying for reconsideration of the award stating that the Tribunal erred in placing reliance on the exaggerated assessment of PW 4, doctor, to assume 60 per cent disability and grant a sum of Rs. 3,88,000 towards permanent disability. Further, even this calculation of the Tribunal of Rs. 3,88,000 is erroneous as 60 per cent of Rs. 4,80,000 is only Rs. 2,88,000. The Claims Tribunal has also failed to note that the Respondent No. 1 has received amount from other policies for the same accident and has to prove that no money was reimb

























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