The New India Assurance Company ... vs Baskar
2021 Latest Caselaw 10405 Mad

                                                                              C.M.A.No.1445 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 23.04.2021

                                                         CORAM

                                      THE HON'BLE MR.JUSTICE C.SARAVANAN

                                                 C.M.A.No.1445 of 2020
                                                          and
                                                 C.M.P.No.10608 of 2020

                                               (Through Video Conferencing)

                     The New India Assurance Company Ltd.,
                     Divisional Office
                     Sethukrishna Trade Centre
                     No.133/31-A, 2nd Floor,
                     Trichy Main Road,
                     Near Raja Sabari Theatre,
                     Gugai, Salem 636 006.                                       ... Appellant

                                                           vs.

                     1.Baskar
                     2.R.P.Paramasivam                                         ... Respondents



                                  Civil Miscellaneous Appeal filed under Section 173 of Motor
                     Vehicles Act, 1988 against the Decree and Judgment dated 30.08.2019
                     made in M.C.O.P.No.331 of 2015 on the file of the Motor Accident
                     Claims Tribunal (Special Sub Court No.2 )Salem.




                     ____________
https://www.mhc.tn.gov.in/judis
                     Page No 1 of 8
                                                                             C.M.A.No.1445 of 2020



                                       For Appellant    : Mrs.R.Sreevidhya

                                       For Respondents : M/s.A.V.Arun


                                                       JUDGMENT

The appellant Insurance Company is aggrieved by the impugned

Judgment and decree dated 28.01.2015 passed the Motor Accident

Claims Tribunal (Special Sub Court No.2) Salem in M.C.O.P.No.331 of

2015.

2. By the impugned Judgment and decree, the Tribunal has

awarded a sum of Rs.24,87,019/- as compensation for the injury suffered

by the 1st respondent/claimant.

3. The learned counsel for the appellant Insurance company

submits that the Tribunal erred in awarding a higher compensation for

pain and sufferings, future medical expenses, attender charges , transport

charges and extra nourishment. He is therefore prayed for modification

of the award amount in the impugned Judgment and decree.

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4. Defending the impugned Judgment and decree, the learned

counsel for the 1st respondent/claimant submits that though the Tribunal

has awarded a lower compensation. Since the 1st respondent/claimant

has not filed any appeal for enhancement, the awa4d amount may be

confirmed. It is submitted that the claimant was entitled to higher

compensation as the 1st respondent/claimant was working as a supervisor

and earning a sum of Rs.20,000/- p.m. It is submitted that the Tribunal

has fixed a notional income of only Rs.8,000/- p.m to arrive at the

compensation. He therefore submits that the Tribunal ought to have

awarded higher compensation.

5. I have considered the arguments advanced by the learned

counsel for the appellant Insurance company and the 1st respondent and I

have also perused the impugned Judgment and decree passed by the

Tribunal. I have also perused the exhibits and prescriptions of the

evidence on record before the Tribunal.

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6. Ex.P.2 – Wound Certificate has brought to the nature of injury

suffered by the claimant, which reads as follows:

i) Diffuse axonal injuries

ii) Brain stem contusion

iii) Left leg both bone fracture malunion.

The wound certificate of Sri Ramachandra Medical College Hospital,

Porur, Chennai has qualified the nature of injury suffered by the 1st

respondent/claimant was grievous in nature.

7. From the materials available on record, it is seen that the

Tribunal has held that the accident occurred due to rash and negligent

driving of the Maruti Swift Dzire Car by its driver belonging to the 1 st

respondent. The 1st respondent/claimant has taken treatment as an in-

patient at Sree Ramachandra Medical College Hospital, Porur, Chennai,

from 19.09.2014 to 12.11.2014. He was thereafter again admitted for

treatment in SRM Medical College Hospital, Kancheepuram from

13.11.2014 to 23.01.2015 and thereafter again admitted for treatment in

the same hospital from 14.05.2015 to 26.05.2015 i.e. for a period of 139

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days and thereafter plastic surgery was done. The 1 st

respondent/claimant was also referred to Medical Board, Salem. The

Medical Board had examined the 1st respondent/claimant and assessed

the permanent disability of the 1st respondent/claimant as 30%. The

record also indicates that the claim petition was filed by the 1st

respondent/claimant’s father Muthusamy and the 1st respondent/claimant

referred to as a person of unsound mind .

8. In my view, the Tribunal has awarded lesser compensation

towards permanent disability by considering the notional income of

Rs.8,000/- p.m. Nevertheless, the Tribunal has awarded higher amount

of compensation under the other heads which more or less make up for

the lesser compensation due to the lower notional income of Rs.8,000/-

p.m.

9. The first respondent/claimant was aged about 23 years at the

time of accident. The nature of injury also stands corroborated by the

secondary evidence from Ex.C.1 disability certificate issued by the

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Medical Board. The 1st respondent/claimant is a dependent of his

family members. He was represented by his father, Muthusamy. He

suffered permanent disability. Though, it is noticed that the Tribunal

has has not awarded towards any loss of marital prospects to the 1 st

respondent/claimant, no further amount is also required to be added as

compensation awarded by the Tribunal under the other heads are slightly

higher. Under these circumstances, I am inclined to uphold the

compensation awarded by the Tribunal. There shall be however no

interest on a sum of Rs.1,00,000/- awarded towards future medical

expenses from the date of claim petition till the date of impugned

Judgment and decree. But for the above, there shall be no other

modification of the amount awarded by the Tribunal.

10. The appellant Insurance Company is therefore directed to

deposit the award amount of Rs.23,87,019/- together with interest at

7.5% per annum from the date of claim petition till the date of such

deposit, less any amount already deposited, within a period of six weeks

from the date of receipt of a copy of this Judgment. The appellant -

Insurance Company shall also deposit a sum of Rs.1,00,000/- towards

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future medical expenses, from the date of claim petition till the date of

deposit. On such amount of Rs.1,00,000/- the appellant/Insurance

Company is liable to pay interest from the date of award till the date of

deposit at 6%.

11. On such deposit, 1st respondent/claimant is permitted to

withdraw the aforesaid amount of compensation, less any amount already

withdrawn,by filing suitable application before the Tribunal.

12. In the result, the appeal filed by the appellant - Insurance

company stands partly allowed to that extent. No cost. Consequently,

connected miscellaneous petition is closed.

23.04.2021

Internet : Yes / No Index : Yes / No kkd To:-

The Motor Accident Claims Tribunal, (Special Sub Court No.2 )Salem.

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C.SARAVANAN,J.

kkd

C.M.A.No.1445 of 2020 and C.M.P.No.10608 of 2020

23.04.2021

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