A
civil engineer, who became physically handicapped in a road accident in
1998, can now get hold of the compensation awarded to him by the Motor
Accident Claims Tribunal, Palani, 12 years back. His wait for the pay
gets over as Madras high court upheld the tribunal's award of July 23,
2001 to grant Rs 38.5 lakh compensation after rejecting an appeal filed
by the insurer.
The insurance claim ensued after T R Senthil Raj, who was riding pillion on a bike, was grievously injured in a road accident on October 31, 1998. His left leg had to be amputated and had to be hospitalised for nearly two years as his other leg had a compound fracture. Doctors fixed his disability at 75%. "He has suffered amputation and his other leg also has not been spared in the road accident. Practically, the BE (civil) graduate has become a wreck. There is colossal loss to his body," the judge said while delivering the order on June 17.
Compounding Senthil's tragedy, his claim for insurance payout took a long while as the Oriental Insurance Company appealed against the tribunal order in 2002. After ten years of hearing, the division bench of Justices N Paul Vasanthakumar and P Devadass dismissed the appeal. Justifying the award passed by the tribunal, Justice Devadass observed said that in the facts and circumstances of this case, the compensation awarded by the Tribunal is not excessive, but fair, reasonable and equitable.
The insurer has been ordered to pay 9% interest per annum since the original tribunal award. "Considering the market lending rate, high inflation and spiraling prices, 9% interest per annum is not excessive, but, reasonable," the order said.
Source : TOI , 30th June 2013
The insurance claim ensued after T R Senthil Raj, who was riding pillion on a bike, was grievously injured in a road accident on October 31, 1998. His left leg had to be amputated and had to be hospitalised for nearly two years as his other leg had a compound fracture. Doctors fixed his disability at 75%. "He has suffered amputation and his other leg also has not been spared in the road accident. Practically, the BE (civil) graduate has become a wreck. There is colossal loss to his body," the judge said while delivering the order on June 17.
Compounding Senthil's tragedy, his claim for insurance payout took a long while as the Oriental Insurance Company appealed against the tribunal order in 2002. After ten years of hearing, the division bench of Justices N Paul Vasanthakumar and P Devadass dismissed the appeal. Justifying the award passed by the tribunal, Justice Devadass observed said that in the facts and circumstances of this case, the compensation awarded by the Tribunal is not excessive, but fair, reasonable and equitable.
The insurer has been ordered to pay 9% interest per annum since the original tribunal award. "Considering the market lending rate, high inflation and spiraling prices, 9% interest per annum is not excessive, but, reasonable," the order said.
Source : TOI , 30th June 2013
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