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The High Court of Madras had directed the Insurance Company to pay the petitioner a sum of Rs. 86 Lakhs in a compensation claimed only for a sum of Rs. 36 Lakhs under the Motor Accident Claims Tribunal (Special Subordinate Court), Coimbatore. The cause of action of the given case arose in the year 2005 where the petitioner had met with an unfortunate road accident. The claimant said that a lorry had rammed into his car, who was driving in a negligent manner. The claimant of the money had suffered losses and sustained injuries out of the said accident. He had also undergone treatment for his recovery, which caused him more than Rs. 11 Lakhs. This was naturally spent by him and thus he had approached the Tribunal for seeking a sum of Rs. 36 Lakhs as compensation. The person had also been working as a Junior Manager in Natural Mineral Development Corporation Limited drawing Rs. 18,000 per month. The claimant also submitted that the said accident had caused him permanent disability which will never provide him any sort of promotion. On the said submissions made by the claimant the Tribunal had awarded the claimant of Rs. 86.3 Lakhs which was more than the restricting his claim Rs. 36 Lakhs. The interest calculated was 7.5% p.a. from the date of realisation. Under the head “Future Loss of Earning Capacity” as the claimant was damaged with permanent disablement due to this unfortunate event, Rs. 33.55 Lakhs for break-up of this computation. On the said award granted by the Tribunal, the Insurance Company had challenged the said award. The company expressed the said award as unreasonable and fanciful. The Court had also noticed such unreasonable awards granted by the Tribunal. Thus the court had set aside the award granted by the Tribunal on the grounds of unreasonableness and had directed the Tribunal to consider and appreciate the oral and documentary evidence from both sides afresh and award compensation within six months.
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