M.D.JACOB Vs. UNITED INDIA INSURANCE LTD.
LAWS(SC)-2014-1-41
SUPREME COURT OF INDIA (FROM: MADRAS)
Decided on January 21,2014

M.D.Jacob Appellant
VERSUS
United India Insurance Ltd. Respondents


Cited Judgements :-

RELIANCE GENERAL INSURANCE CO LTD VS. T VIGNESH [LAWS(MAD)-2018-4-62] [REFERRED TO]
SUSHIL JAYANT NANODKAR VS. MR. DNYANESHWAR VITHOBA RAUT [LAWS(BOM)-2016-8-340] [REFERRED TO]
BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. VS. GOBINDA KALITA AND OTHERS [LAWS(GAU)-2018-4-132] [REFERRED TO]
RELIANCE GENERAL INSURANCE CO LTD VS. NITYA RAM MUKHERJEE & ANR [LAWS(CAL)-2019-5-59] [REFERRED TO]


JUDGEMENT

SHIVA KIRTI SINGH, J. - (1.)HEARD learned counsel for the appellant and learned counsel for the respondent -Insurance Company.
(2.)THE appellant was a victim of road accident on 27th July, 1997. On account of several serious injuries including amputation of complete left hand, severe injuries in head, dislocation of bones in hip and both knees and severe injuries in foot, the Doctor assessed his disability at 100%.
The appellant preferred a claim petition before the Motor Accidents Claims Tribunal at Chennai and sought compensation of Rs.26,00,000/ - (rupees twenty six lacs). The Claims Tribunal allowed a claim for Rs.14,20,000/ - (rupees fourteen lacs and twenty thousand only) vide judgment dated 9.8.2000 rendered in M.C.O.P. No. 3365 of 1997. The claim allowed on different heads includes: JUDGEMENT_41_TLPRE0_2014.htm

(3.)THE Insurance Company preferred appeal before the High Court at Madras and by the order under appeal dated 13.11.2006 passed in C.M.A. Nos. 1963 of 2000 and 12 of 2001 the High Court, while maintaining the Award under the first three heads, reduced the amount of Rs.2,00,000/ - for pain and suffering to Rs.1,00,000/ -, Rs.4,00,000/ - for permanent disability to Rs.3,00,000/ - and Rs.6,60,000/ - as loss of future earning to Rs.3,96,000/ -. As a result of aforesaid reduction, the appellant has been held entitled only to Rs.9,56,000/ - (rupees nine lacs and fifty six thousand only) in place of Rs.14,20,000/ - (rupees fourteen lacs and twenty thousands only). Assailing the order under appeal on account of reduction of compensation under the three heads noted above, learned counsel for the appellant has taken us through the materials on record including the judgment of the Tribunal and the judgment of the High Court under appeal.


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