Madras High Court
The Branch Manager vs Mr.Kaliyaperumal on 21 April, 2021
C.M.A.No.1146 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
C.M.A.No. 1146 of 2014
and
M.P.No.1 of 2014
The Branch Manager,
M/s. United India Insurance Co. Ltd.,
No.28, Mylam Road,
Meenachi Complex,
Tindivanam ... Appellant
Versus
1. Mr.Kaliyaperumal
S/o. Ponnan
2. Thiru.A.Murugaiyan
S/o. Angalan ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, against the Judgment and decree dated 09.01.2013 made in
M.C.O.P.No.34 of 2011 on the file of the Motor Accident Claims Tribunal,
Tindivanam, Villupuram.
For Appellant : Mr.J.Chandran
For Respondent : Mr.T.Dhanya Kumar for R1
R2- Not ready in Notice
Page 1 of 8
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C.M.A.No.1146 of 2014
JUDGMENT
This appeal has been laid as against the judgment and decree dated
09.01.2013 made in M.C.O.P.No.34 of 2011 on the file of the Motor
Accidents Claims Tribunal, Tindivanam, Villupuram, thereby awarded the
compensation to the tune of Rs.1,84,799/-.
2. For the sake of convenience, the parties are referred to
hereunder according to their litigative status before the Tribunal.
3. The case of the claimants is that on 22.11.2010 at about 8.30
hrs when the claimant was travelling as a load man with other load men in a
Lorry owned by the first respondent and insured with the second
respondent, the driver of the lorry drove it, in a rash and negligent manner at
ECR Road, Marakkanam, Boomiswaran Koil Junction. Due to rash and
negligent driving, the lorry capsized on left side of the road resulting in the
claimant sustaining fractures on left leg and multiple injuries all over the
body. Immediately he was taken to PIMS Hospital, Pondicherry and
thereafter, he was taken to Government General Hospital, Pondicherry. He
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C.M.A.No.1146 of 2014
underwent surgeries due to the said injuries. He could not continue his
avocation of being a load man and he was earning Rs.10,000/- per month.
4. Resisting the same, the second respondent filed counter stating
that the accident did not take place due to the rash and negligent driving of
the first respondent. The vehicle is a goods vehicle and it is prohibited from
carrying passengers in a goods vehicle. The petitioner is not a load man and
he is an unauthorized passenger. Since he is a gratuitous passenger, the
insurance Company is not at all liable to pay compensation to them.
Therefore, he sought for dismissal of the claim petition.
5. On the side of the claimants, they examined P.W.1 to P.W.7 and
marked Ex.P.1 to Ex.P.29. On the side of the respondent neither oral nor
documentary evidence was let in. On the basis of the evidence available on
record and also considering the submission made by the learned counsel
appearing on either side, the Tribunal awarded a sum of Rs.1,84,799/- as
compensation payable by the first and second respondent jointly and
severally.
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C.M.A.No.1146 of 2014
6. Aggrieved by the same, the second respondent preferred this
Civil Miscellaneous Appeal.
7. The learned counsel appearing for the appellant/Insurance
Company would submit that the petitioner is a gratuitous passenger and he
is not a load man. Therefore, the second respondent is not at all liable to
pay any compensation as awarded by the Tribunal. The disability of the
claimant was assessed at 37% and the same was taken by the Tribunal for
consideration. The Tribunal also granted exorbitant award for loss of
income for a period of 6 months, when the claimant failed to prove his
income in the manner known to law. The loss of amenities was also
excessively awarded as Rs.37,000/-.
8. Per contra, the learned counsel appearing for the respondent
/claimant would contend that the claimant sustained fracture on his left leg
and multiple injuries all over the body. Therefore, he could not continue his
avocation as load man. The disability was assessed at 37%. He had taken
treatment for 6 months and as such he lost his income for three months. He
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C.M.A.No.1146 of 2014
being a load man was earning a sum of Rs.10,000/- per month even though,
the Tribunal awarded only Rs.54,000/- as loss of income. Therefore, the
Tribunal rightly awarded compensation and prayed for dismissal of the
present appeal.
9. Heard Mr.J.Chandran, learned counsel appearing for the
claimant and Mr.T.Dhanyakumar, learned counsel appearing for the first
respondent.
10. The claimant being a load man travelled in a lorry belonging to
the first respondent and insured with the second respondent. The driver of
the lorry had driven the same in a rash and negligent manner and the lorry,
capsized, due to which the petitioner sustained fractures on his left leg and
also hand. The disability was assessed at 37% and it is partial permanent
disability. The Tribunal rightly awarded Rs.1000/- per percentage. In
respect of loss of income, the Tribunal had taken Rs.9000/- as his monthly
income and awarded Rs.54,000/- as loss of income for a period of six
months. However, the Tribunal awarded a sum of Rs.37,000/- towards loss
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C.M.A.No.1146 of 2014
of amenities. Therefore, this Court reduces it from Rs.37,000/- to
Rs.25,000/- towards loss of amenities.
11. Insofar as the other heads, the Tribunal has awarded a sum of
Rs.18,500/- towards Pain and Suffering. This Court is inclined to grant a
sum of Rs.25,000/- towards Pain and Sufferings and confirms the amount
awarded under other heads.
12. Accordingly the compensation awarded by the Tribunal stands
modified as under :-
Sl.No Heads Amount awarded by Amount awarded by
the Tribunal this Court
1 Disability 37,000 37,000
2 Pain and Suffering 18,500 25,000
3 Extra Nourishment 10,000 10,000
4 Damages to Clothes 2,000 2,000
5 Transportation 10,000 10,000
6 Loss of Income 54,000 54,000
7 Loss of amenities 37,000 25,000
8 Attendant Charges 15,000 15,000
9 Medical Bill 1,299 1,299
Total 1,84,799 1,61,299
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C.M.A.No.1146 of 2014
13. In the result the Civil Miscellaneous Appeal is allowed as
follows:-
(i) The award passed by the Tribunal is modified from Rs.1,84,799 /-
to Rs.1,61,299/- and the appellant is permitted to withdraw the excess
deposit amount if any, with accrued interest.
(ii) The award amount will carry the interest at the rate of 7.5% per
annum from the date of the claim petition till the date of deposit.
(iii) The appellant is directed to deposit the award amount, less the
amount, if any, already deposited, along with accrued interest within a
period of six weeks from the date of receipt of copy of this Judgment.
(iv) On such deposit, the claimant/first respondent is permitted to
withdraw the amount awarded as above by filing proper application before
the Tribunal.
(v) The first respondent/claimant is not entitled to any interest for
the delay (default) period, if any.
(vi) There shall be no order as to costs. Consequently, connected
miscellaneous petition is closed.
21.04.2021
Index:Yes/No
Internet: Yes/no
Speaking/Non-speaking Order
dh
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C.M.A.No.1146 of 2014
G.K.ILANTHIRAIYAN, J.
dh
To
1.The Motor Accident Claims Tribunal,
Tindivanam, Villupuram.
2.The Section Officer,
V.R.Section,
Madras High Court,
Chennai.
C.M.A.No.1146 of 2014
21.04.2021
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