Madras High Court
The Branch Manager vs Kesavan on 22 April, 2021
C.M.A.No.4663 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.4663 of 2019
and
C.M.P.No.26484 of 2019
The Branch Manager,
The New India Assurance Co.Ltd,
Branch Office,
No.39-C, Byepass Road,
Dharmapuri – 636 701. ... Appellant
Vs.
1.Kesavan
2.O.Periyasamy ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree dated 27.06.2013
made in M.C.O.P.No.1578 of 2013, on the file of the Motor Accidents
Claims Tribunal, Krishnagiri.
For Appellant : Mr.Dhakshinamoorthy
For Respondents : No appearance
JUDGMENT
The appellant is aggrieved by the impugned Judgment and decree
dated 27.06.2013 passed by the Motor Accidents Claims Tribunal,
Krishnagiri.
_________
https://www.mhc.tn.gov.in/judis/
Page No 1 of 5
C.M.A.No.4663 of 2019
2.Though notice has been served on the contesting Respondent
No.1 who was the claimant before the Tribunal, there is no representation
on his behalf.
3.The learned counsel for the appellant/Insurance Company is
present and submits that the Tribunal erred in awarding a sum of
Rs.3,02,960/- has compensation to the 1st respondent/claimant by
considering the multiplier for the injury suffered by the appellant namely
fracture in tibia and fibula.
4.I have considered the arguments advanced by the learned
counsel for the appellant/Insurance Company.
5.In my view, the Tribunal has by and large arrived at a just
compensation under the following heads has detailed below:-
Loss earning capacity Rs.2,02,500/-
Pain and sufferings Rs. 25,000/-
Nutrition Rs. 10,000/-
Medical Bills Rs. 2,310/-
Travel Bills Rs. 6,150/-
Partial Loss of Income Rs. 27,000/-
_________
https://www.mhc.tn.gov.in/judis/
Page No 2 of 5
C.M.A.No.4663 of 2019
Future Medical Rs. 20,000/-
Expenses
Attender Charges Rs. 10,000/-
Total Rs.3,02,960/-
6.The Tribunal however ought not to have awarded a sum of
Rs.20,000/- towards future medical expenses. The nature of injuries
suffered by the 1st respondent do not indicate that there will be future
medical expenses though the injury resulted in disability and had
compromised the quality of life and his avocation as a Tailor. Under
these circumstances, the amount awarded by the Tribunal for a sum of
Rs.3,02,960/- is reduced by a sum of Rs.20,000/- awarded towards future
medical expenses.
7.The appellant/Insurance Company is directed to deposit the
amount of compensation of Rs.2,82,960/- together with interest at 7.5%
per annum from the date of numbering of the claim petition till the date
of such deposit, less any amount already deposited by it, within a period
of six weeks from the date of receipt of a copy of this Judgment.
_________
https://www.mhc.tn.gov.in/judis/
Page No 3 of 5
C.M.A.No.4663 of 2019
8. On such deposit being made by the appellant/Insurance
Company, the 1st respondent/claimant is permitted to withdraw the same
together with interest accrued thereon, and costs less any amount already
withdrawn.
9.This Civil Miscellaneous Appeal stands Partly Allowed with the
above observations. No costs. Consequently, connected Miscellaneous
Petition is also closed.
22.04.2021
jas
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
To:
1.The Motor Accidents Claims Tribunal,
Krishnagiri.
2.The V.R.Section,
Madras High Court, Madras.
_________
https://www.mhc.tn.gov.in/judis/
Page No 4 of 5
C.M.A.No.4663 of 2019
C.SARAVANAN, J.
jas
C.M.A.No.4663 of 2019
and
C.M.P.No.26484 of 2019
22.04.2021
_________
https://www.mhc.tn.gov.in/judis/
Page No 5 of 5
