NIRMAL KUMAR Vs. USHA RANI

JUDGEMENT

(1.) THE fourth and fifth respondents, the insured and the insurer of the vehicle involved in the accident have filed the appeals against the award dated 30. 03. 1999 passed in MCOP Nos. 416 and 417 of 1994 on the file of the Motor Accidents Claims Tribunal (Subordinate Judge) Vellore.

(2.) THE learned counsel for the appellants confined his submission only on the question of quantum of compensation awarded. The Tribunal, on the basis of the evidence of the respective claimants in the OPs and on the basis of the wound certificates Ex. P2 and Ex. P3 has awarded the compensation of Rs. 40,000/- each, which was also the claim made by the claimants. The learned counsel for the appellants submits that the injuries sustained by both the claimants are only simple injuries and the Doctor who treated them has not been examined and admittedly no disability has been caused to the claimants and considering the simple injuries sustained by the claimants, the sum of Rs. 40,000/- each awarded as compensation by the Tribunal is on the high side.

(3.) PER contra, learned counsel for the respective respondents claimants submitted that the claimant in OP. No. 416 of 1994 had to wear spectacles as her eye sight was affected due to the injuries sustained in the accident. Learned counsel further submitted that the quantum of compensation awarded by the Tribunal is very reasonable and this Court may not interfere with the award.