Madras High Court
The Oriental Insurance Company ... vs B.Goutham on 23 April, 2021
C.M.A. No.717 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 23.04.2021
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH
and
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A. No.717 of 2020
and
CMP.No.4384 of 2020
The Oriental Insurance Company Limited
Branch Office, No.W-115
I Floor, S.B. Complex, 3rd Avenue
Next to D.K.Kalyana Mandapam
Near Rountana, Anna Nagar
Chennai 600 040. .. Appellant
Versus
1. B.Goutham
2. G.S.Mohan .. Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles
Act, 1988 against the judgment and decree dated 03.09.2019 made in
MCOP.No.3323 of 2016 on the file of the Motor Accident Claims Tribunal /
IV Court of Small Causes, Chennai.
For appellant : Mr. B. Raghavan
For respondents : Mr. C. Prabakaran for R1
: Mr. S.K. Marthandam for R2
JUDGMENT
(The Judgment of the Court was delivered by R.Subbiah, J)
The appeal is heard through video conferencing.
https://www.mhc.tn.gov.in/judis/
C.M.A. No.717 of 2020
2. Challenging the quantum of compensation awarded by the Motor
Accident Claims Tribunal/IV Court of Small Causes, Chennai in
MCOP.No.3323, dated 03.09.2019, the present appeal has been filed by the
Insurance Company.
3. It is the case of the first respondent/claimant that on 17.12.2016,
when he was riding a Motor Bike bearing Registration No. TN 10 AL 6611 on
the extreme left side of the Arumbakkam-Porur Road near Pushpa Nagar,
Nungambakkam, a Hundai Verna Car bearing Registration No.TN 06 D 0477
belonging to the second respondent and insured with the appellant/Insurance
Company came in a rash and negligent manner, being driven by its driver and
dashed on the rear side of the bike . Due to the impact, the first
respondent/claimant fell down and the Car ran over him. He sustained
grievous injuries for which he was treated in the Government Medial College
Hospital, Kilpauk where he took treatment as an in-patient. Hence, the first
respondent/claimant filed a claim petition claiming a compensation of
Rs.50,00,000/-.
4. The said claim petition was resisted by the appellant / Insurance
Company by filing a counter statement denying the manner of accident as
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C.M.A. No.717 of 2020
projected by the claimant in the claim petition. They also denied the avocation
and income mentioned in the claim petition. Thus, they sought for dismissal of
the claim petition.
5. Before the Tribunal, the first respondent/claimant examined himself
as PW1 and one Vivek was examined as PW2. He produced 19 documents
which were marked on his side as Exhibits P1 to P19. On behalf of the
respondents, no one was examined, however, the Disability Certificate issued
by the Medical Board for the claimant was marked as Ex.R1.
6. The Tribunal after analysing the entire evidence came to the
conclusion that the accident had occurred due to the rash and negligent driving
of the Car bearing Registration No.TN 06 D 0477. By coming to such
conclusion, the Tribunal passed an award for a sum of Rs.46,40,000/- and
directed the appellant/Insurance Company to pay the said amount. The break-
up details of the amount awarded by the Tribunal under various heads are as
follows:
S. Amounts awarded under the heads Amount in Rs.
No.
1. Loss of Earning Power 36,29,000
2. Medical Expenses 7,30,000
3. Transport Expenses 1,59,000
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C.M.A. No.717 of 2020
S. Amounts awarded under the heads Amount in Rs.
No.
4. Transport, Nutrition and attender charges 20,000
5. Pain and Sufferings 50,000
6. Loss of Amenities and Enjoyment of Life 50,000
7. Damages to clothing and Articles 2,000
8. Total 46,40,000
7. Though very many contentions have been raised in this appeal, the
main contention of the learned counsel for the appellant/Insurance Company is
that the Tribunal has awarded a sum of Rs.7,30,000/- under the head "Medical
Expenses". The Tribunal did not consider the fact that out of the total amount
incurred by the claimant towards medical expenses, his employer has
reimbursed a sum of Rs.1,00,000/- and hence, the compensation awarded by
the Tribunal under the head "Medical Expenses" may be reduced to
Rs.6,30,000/-. Except this submission, the counsel for the appellant-Insurance
Company has not raised any other grounds for our consideration in this appeal.
8. In view of the above submissions, we are not inclined to dwell into
any other grounds raised by the appellant in this appeal. The learned counsel
for the respondent/claimant submitted that the first respondent/claimant was
employed as a Junior Engineer (Designing) in M/s. Prothious Engineering
Services Private Limited at Arumbakkam, Chennai and that his employer had
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C.M.A. No.717 of 2020
reimbursed a sum of Rs.1,00,000/- to meet his medical expenses. In the light
of the above submission, the sum of Rs.7,30,000/- awarded by the Tribunal
under the head "Medical Expenses" is hereby reduced to Rs.6,30,000/-. The
amounts awarded by the Tribunal under all the other heads shall remain
unaltered and they are confirmed. The total compensation amount payable to
the claimant/first respondent is re-determined as mentioned below:
S. Heads under which the Amounts awarded by Amounts awarded
No compensation is awarded the Tribunal in Rs. by this Court in Rs.
1 Loss of Earning Power 36,29,000 36,29,000
2 Medical Expenses 7,30,000 6,30,000
3 Transport Expenses 1,59,000 1,59,000
4 Transport, Nutrition and attender 20,000 20,000
charges
5 Pain and Sufferings 50,000 50,000
6 Loss of Amenities and Enjoyment 50,000 50,000
of Life
7 Damages to clothing and Articles 2,000 2,000
8 Total 46,40,000 45,40,000
9. Insofar as interest part is concerned, this Court is of the view that the
rate of interest fixed by the Tribunal at 9% appears to be excessive and hence,
the same is hereby reduced to 7.5%.
10. Thus, the total compensation of Rs.46,40,000/- awarded by the
Tribunal is hereby reduced to Rs.45,40,000/-, which shall carry interest at
7.5% from the date of claim petition till the date of payment. The
appellant/Insurance Company is directed to deposit the total compensation
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C.M.A. No.717 of 2020
awarded by this Court before the Tribunal, after adjusting the amount if any
already deposited, within a period of six weeks from the date of receipt of a
copy of this judgment. On such deposit, the claimant is permitted to withdraw
the entire amount.
11. With the above observations and directions, the Civil Miscellaneous
Petition is partly allowed. No costs. Consequently, connected miscellaneous
petition is closed.
[R.P.S., J] [S.K., J]
23.04.2021
Speaking Order : Yes / No
Index : Yes / No
pvs
To
1. The Motor Accident Claims Tribunal /
IV Court of Small Causes, Chennai
2. The Section Officer,
V.R.Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A. No.717 of 2020
R.SUBBIAH, J.
and
S.KANNAMMAL, J.
pvs
C.M.A. No.717 of 2020
and CMP.No.4384 of 2020
23.04.2021
https://www.mhc.tn.gov.in/judis/
