JUDGMENT
K. Sreedhar Rao, J.
1. The insurer is in appeal seeking reduction of compensation paid to the petitioner-respondent in a sum of Rs. 45,000/- for the personal injuries caused in a motor vehicle accident.
2. Heard the Counsel for the petitioner and the respondent. On reconsideration of the material it suggests that global compensation of Rs. 30,000/- is just and proper payable with interest at 6% from the date of petition till payment. Accordingly, the judgment and award is modified. Appeal is partly allowed. The amount in deposited to be transferred to the Tribunal for disbursement.
3. M.V.C. No. 53 of 1999 pertains to the damage caused to the vehicle. The petitioner is reimbursed by his insurer in a sum of Rs. 1,35,000/- in full and final settlement.
4. The petitioner has made a claim against the owner and insurer of the offending vehicle. The damage caused to the vehicle is assessed by the insurer of the petitioner and the compensation is paid accordingly. The assessment of damage made by the insurance-surveyor if it is not proper and satisfactory, the petitioner should have objected the assessment. It is too late for the petitioner to contend that the damage caused is higher than the compensation received from his insurer. The present claim is a duplicated claim and impermissible in law. However towards idling during period of repair, the insurer of the offending vehicle is liable since the said claim does not form part of the assessment made by the insurer of the petitioner. The loss of income during idling period is assessed at Rs. 6,000/-. The policy of the offending vehicle is an act policy. The insurer is liable to pay only a sum of Rs. 6,000/-. The appellant-insurer to pay the same to the petitioner with interest at 6% from the date of petition till payment. The excess amount, in deposit to be returned to the appellant.