VENGAIMALAI Vs. S. RATHINA VELU
HIGH COURT OF MADRAS
S. Rathina Velu
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(1.) This appeal has been taken up for hearing with the consent of both parties. The respondent/insurer has communicated their consent, along with the consent of the counsel appearing on behalf of the appellant/claimant which they have obtained through digital mode, namely, Whatsapp messages. This court is satisfied with the consent expressed by both the sides through such digital mode, given the peculiar circumstances created by the pandemic- COVID19.
(2.) The appeal has been filed by the injured claimant seeking enhancement in the award. The claim is for Rs.5,00,000/- only.
(3.) Going by the stakes involved, it does not appear to be a case which requires a very detailed analysis. The counsel for the insurer fairly conceded that it was a fit case for enhancement. He voluntarily suggested that the award could be enhanced to Rs.3,00,000/- with proportionate interest from the date of filing of the claim petition. The counsel for the claimant had no ground to seek for any further enhancement beyond the said suggested amount. I am inclined to agree that an award of Rs.3,00,000/- with interest would meet the parameters of Just Compensation. Going by the age of the victim, nature of injuries, period of treatment, claimed disablement and impact of the same, and applicable principles, a sum of Rs.3,00,000/- would be in order.;
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