LEGAL OPINION FORMAT IN BATCH OF MCOP CASES WHEN THE INJURIES ARE SIMPLE IN NATURE
To
---
date---
The manager
Name of the insurance company,
Place.
Ref:
mcop ------ to -----, court,place.
(file number.)
OPINION
This above mentioned cases
have been filed by the petitioners claiming compensation for the injuries
sustained by them In a motor vehicle accident which took place on ----- at
about ---- AM, while the petitioners --------- were travelling in a --- van bearing regn.no. ------ which was insured
with our insurance company at the time of accident, when the van reached near ---
on the --- main road its driver drove the vehicle in a rash and negligent
manner and hit against a --- lorry bearing
regn.no. and the petitioners ---------
were travelling in it. In these cases Mcop 786/16 has been dismissed for default.
After elloborate enquiry hon’ble judge was pleased to award Rs.35,000/ each in
all the cases. Mcop 786/16 has been dismissed for default.
In these cases two
vehicles involved. We the 2nd respondent contended that at the time
of accident in the mini lorry excess persons travelled. Since as per rough
sketch our vehicle had gone to wrong side of the road, and our driver had
admitted the offence and paid fine, it is not worth to examine our driver to
state that only because of the overload in the lorry the accident occurred. The
award has been passed against us, R2.
In this case there is no
violation of policy conditions.
The reasons given by the judge for arriving
the compensation is as follows:
MCOP 774/16
The petitioner ----- was aged 26
years at the time of accident, occupied as Labour (Match factory) and thereby earning Rs.10,000/pm. Amount of
compensation claimed is 2,00,000/. No permanent or partial disability was occurred
and proved by the petitioner . The petitioner sustained injuries all over the
left shoulder and over the chin. Hence the tribunal disallowed the claim
petition in respect of disability and loss of income. However in respect of
pain and sufferings due to the accident, extra nourishment, Transport and the attendant expenses, a sum of Rs.35,000/
has been awarded.
MCOP 775/16
The petitioner ----- was aged 24years
at the time of accident, occupied as Labour (Match factory) and thereby earning Rs.10,000/pm. Amount of
compensation claimed is 2,00,000/. No permanent or partial disability was occurred
and proved by the petitioner. The petitioner sustained injuries all over the
left shoulder. Hence the tribunal disallowed the claim petition in respect of
disability and loss of income. However in respect of pain and sufferings due to
the accident, extra nourishment, Transport and attendant expenses, a sum of
Rs.35,000/ has been awarded.
MCOP 776/16
The petitioner ---- was aged 34years at
the time of accident, occupied as Labour (Match factory) and thereby earning Rs.10,000/pm. Amount of
compensation claimed is 2,00,000/. No permanent or partial disability was occurred
and proved by the petitioner. The petitioner sustained injuries all over Scalp,
left hip. Hence the tribunal disallowed the claim petition in respect of
disability and loss of income. However in respect of pain and sufferings due to
the accident, extra nourishment, Transport and attendant expenses, a sum of
Rs.35,000/ has been awarded.
MCOP 777/16
The petitioner ----- was aged 52years
at the time of accident, occupied as Labour (Match factory) and thereby earning Rs.10,000/pm. Amount of
compensation claimed is 2,00,000/. No permanent or partial disability was occurred
and proved by the petitioner. The petitioner sustained injuries all over the scalp,
left side cheek and left forearm. Hence the tribunal disallowed the claim
petition in respect of disability and loss of income. However in respect of
pain and sufferings due to the accident, extra nourishment, Transport and
attendant expenses, a sum of Rs.35,000/ has been awarded.
MCOP 778/16
The petitioner ---- was aged 40 years
at the time of accident, occupied as Labour (Match factory) and thereby earning Rs.10,000/pm. Amount of
compensation claimed is 2,00,000/. No permanent or partial disability was occurred
and proved by the petitioner. The petitioner sustained injuries all over the
right side cheek. Hence the tribunal disallowed the claim petition in respect
of disability and loss of income. However in respect of pain and sufferings due
to the accident, extra nourishment, Transport and attendant expenses, a sum of
Rs.35,000/ has been awarded.
MCOP 779/16
The petitioner ----- was aged 40years
at the time of accident, occupied as Labour (Match factory) and thereby earning Rs.10,000/pm. Amount of
compensation claimed is 2,00,000/. No permanent or partial disability was occurred
and proved by the petitioner. The petitioner sustained injuries all over the right
elbow and right hand. Hence the tribunal disallowed the claim petition in
respect of disability and loss of income. However in respect of pain and
sufferings due to the accident, extra nourishment, Transport and attendant
expenses, a sum of Rs.35,000/ has been awarded.
MCOP 780/16
The petitioner ----- was aged 48 years
at the time of accident, occupied as Labour (Match factory) and thereby earning Rs.10,000/pm. Amount of
compensation claimed is 2,00,000/. No permanent or partial disability was occurred
and proved by the petitioner. The petitioner sustained injuries all over the forehead
and right knee. Hence the tribunal disallowed the claim petition in respect of
disability and loss of income. However in respect of pain and sufferings due to
the accident, extra nourishment, Transport and attendant expenses, a sum of
Rs.35,000/ has been awarded.
MCOP 781/16
The petitioner ----- was aged 35 years
at the time of accident, occupied as Labour (Match factory) and thereby earning Rs.10,000/pm. Amount of
compensation claimed is 2,00,000/. No permanent or partial disability was occurred
and proved by the petitioner. The petitioner sustained injuries all over the scalp,
right forearm and left knee. Hence the tribunal disallowed the claim petition
in respect of disability and loss of income. However in respect of pain and
sufferings due to the accident, extra nourishment, Transport and attendant
expenses, a sum of Rs.35,000/ has been awarded.
MCOP 782/16
The petitioner ---- was aged 50 years
at the time of accident, occupied as Labour (Match factory) and thereby earning Rs.10,000/pm. Amount of
compensation claimed is 2,00,000/. No permanent or partial disability was occurred
and proved by the petitioner. The petitioner sustained injuries all over the scalp
and the cheek. Hence the tribunal disallowed the claim petition in respect of
disability and loss of income. However in respect of pain and sufferings due to
the accident, extra nourishment, Transport and attendant expenses, a sum of
Rs.35,000/ has been awarded.
MCOP 783/16
The petitioner ----l was aged 32years
at the time of accident, occupied as Labour (Match factory) and thereby earning Rs.10,000/pm. Amount of
compensation claimed is 2,00,000/. No permanent or partial disability was occurred
and proved by the petitioner. The petitioner sustained injuries all over the
right side lower cheek. Hence the tribunal disallowed the claim petition in
respect of disability and loss of income. However in respect of pain and
sufferings due to the accident, extra nourishment, Transport and attendant
expenses, a sum of Rs.35,000/ has been awarded.
MCOP 784/16
The petitioner ---- was aged 50 years
at the time of accident, occupied as Labour (Match factory) and thereby earning Rs.10,000/pm. Amount of
compensation claimed is 2,00,000/. No permanent or partial disability was occurred
and proved by the petitioner. The petitioner sustained injuries all over the scalp,
left cheek, skull. Hence the tribunal disallowed the claim petition in respect
of disability and loss of income. However in respect of pain and sufferings due
to the accident, extra nourishment, Transport and attendant expenses, a sum of
Rs.35,000/ has been awarded.
MCOP 785/16
The petitioner ---- was aged 38 years
at the time of accident, occupied as Labour (Match factory) and thereby earning Rs.10,000/pm. Amount of
compensation claimed is 2,00,000/. No permanent or partial disability was occurred
and proved by the petitioner. The petitioner sustained injuries over forehead,
right side cheek. Hence the tribunal disallowed the claim petition in respect
of disability and loss of income. However in respect of pain and sufferings due
to the accident, extra nourishment, Transport and attendant expenses, a sum of
Rs.35,000/ has been awarded.
MCOP 786/16
This case has been dismissed for
default.
MCOP 487/16
The petitioner ---- was aged 19 years
at the time of accident, occupied as Labour (Match factory) and thereby earning Rs.10,000/pm. Amount of
compensation claimed is 2,00,000/. No permanent or partial disability was occurred
and proved by the petitioner. The petitioner sustained injuries all over the scalp
and left eye. Hence the tribunal disallowed the claim petition in respect of
disability and loss of income. However in respect of pain and sufferings due to
the accident, extra nourishment, Transport and attendant expenses, a sum of
Rs.35,000/ has been awarded.
MCOP 788/16
The petitioner ----- was aged 35 years
at the time of accident, occupied as Labour (Match factory) and thereby earning Rs.10,000/pm. Amount of
compensation claimed is 2,00,000/. No permanent or partial disability was occurred
and proved by the petitioner. The petitioner sustained injuries all over the chest
and left elbow. Hence the tribunal disallowed the claim petition in respect of
disability and loss of income. However in respect of pain and sufferings due to
the accident, extra nourishment, Transport and attendant expenses, a sum of
Rs.35,000/ has been awarded.
MCOP 789/16
The petitioner ---- was aged 18 years
at the time of accident, occupied as Labour (Match factory) and thereby earning Rs.10,000/pm. Amount of
compensation claimed is 2,00,000/. No permanent or partial disability was occurred
and proved by the petitioner. The petitioner sustained injuries all over the Scalp
region. Hence the tribunal disallowed the claim petition in respect of
disability and loss of income. However in respect of pain and sufferings due to
the accident, extra nourishment, Transport and attendant expenses, a sum of
Rs.35,000/ has been awarded.
The quantum of award is just and reasonable
and there is no need to prefer an appeal. The award may be satisfied by
depositing the award amount in the account details mentioned in the judgment,
along with the interest at the rate of 7.5% per annum. Advocate fees and cost mentioned in the judgment may also be
deposited at the earliest. My legal fees may also be sanctioned at the earliest.
(signature)
ADVOCATE
Enclosure:
Free copy of judgment. certified copy of the same shall be produced soon.
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