Madras High Court
The National Insurance Company ... vs K.Anbu @ Anbalagan on 27 April, 2021
C.M.A.Nos.3999 & 3922 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.04.2021
CORAM:
THE HONOURABLE MR. JUSTICE R.SUBBIAH
and
THE HONOURABLE TMT.JUSTICE S.KANNAMMAL
C.M.A.Nos.3999 & 3922 of 2019
1.The National Insurance Company Limited
No.11, Second Floor
Balaji Towers,
Ramakrishna Road, Salem.
2.The National Insurance Company Limited
No.661, First Floor,
Trunk Road, Poonamallee,
Chennai-600 056. .. Appellants in C.M.A No.3999 of 2019
Vs.
1.K.Anbu @ Anbalagan
S/o.Kannan
2.P.Mani
S/o.Perumal
3.Murugesan
S/o.Selvanthappan .. Respondents in C.M.A.No.3999 of 2019
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.3999 & 3922 of 2019
K.Anbu @ Anbalagan
S/o.Kannan .. Appellant in C.M.A No.3922 of 2019
Vs.
1.P.Mani
S/o.Perumal
2.Murugesan
S/o.Selvanthappan
3.The National Insurance Company Limited,
No.11, Second Floor, Balaji Towers,
Ramakrishna Road, Salem.
4.The National Insurance Company Limited,
No.661, First Floor, Trunk Road,
Poonamallee, Chennai-56. .. Respondents in C.M.A.No.3922 of 2019
COMMON PRAYER: These Civil Miscellaneous Appeals are filed under
Section 173 of Motor Vehicles Act, 1988, against the Judgment and Decree
dated 12.02.2019 made in M.C.O.P.No.583 of 2014 on the file of the Motor
Accident Claims Tribunal, III Additional District Court, Thiruvallur,
Poonamallee.
In C.M.A.No.3999 of 2019
For Appellants : Mrs.R.Sree Vidhya
For R1 : Mr.K.Varadha Kamaraj
For R2 & R3 : Ex-parte
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.3999 & 3922 of 2019
In C.M.A.No.3922 of 2019
For Appellant : Mr.K.Varadha Kamaraj
For R1, R2 & R4 : Ex-parte
For R3 : Mrs.R.Sree Vidhya
COMMON JUDGMENT
(Judgment of the Court was made by S.KANNAMMAL,J.)
These Civil Miscellaneous Appeals have been preferred against the
award dated 12.02.2019 made in M.C.O.P.No.583 of 2014 on the file of the
Motor Accident Claims Tribunal, III Additional District Court, Thiruvallur,
Poonamallee.
2.Both the appeals arise out of the common award and same accident
and hence they are disposed of by this common judgment.
3.The claimant in C.M.A.No.3922 of 2019 filed a petition praying for a
compensation of Rs.20,00,000/- under Section 166 of the Motor Vehicles
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C.M.A.Nos.3999 & 3922 of 2019
Act. The Tribunal awarded a sum of Rs.28,47,360/- against which the
claimant preferred C.M.A.No.3922 of 2019 for enhancement of the award
amount and the National Insurance Company filed C.M.A.No.3999 of 2019
for scaling down the award amount.
4.Brief facts of the case in M.C.O.P.No.583 of 2014 are as follows:-
On 04.03.2014, at about 19.30 hours the injured claimant was walking
on Taramangalam to Omalur Road, in front of Perumal Koil bus stop from
West to East and while crossing the Road, the first and second respondent's
Mahindra & Mahindra Maxi pickup vehicle bearing Registration No.TN-72-
AD-6333 came in a rash and negligent manner hit the claimant. In the
accident the claimant sustained grievous injuries and amputation of right leg.
Hence, the claimant claimed a sum of Rs.20,00,000/- as compensation.
5.Before the Tribunal first, second and fourth respondents were set ex-
parte. The third respondent, i.e. the National Insurance Company resisted the
claim of the claimant in the counter. The third respondent denied the manner
of accident and alleged that as per the FIR the accident had taken place while
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C.M.A.Nos.3999 & 3922 of 2019
the claimant was crossing the road by an unknown vehicle. The claimant is
also guilty of contributory negligence.
6.Before the Tribunal on the side of the claimant, the claimant was
examined as P.W.1 and 11 documents were marked via Ex.P1 to Ex.P11. On
the side of the third respondent one Thirumathi.Sudha, the Executive Officer
of the Insurance Company was examined as R.W.1 and five documents were
marked via Ex.R1 to Ex.R5.
7.The Tribunal after considering the oral and documentary evidence of
the claimant and third respondent held that the accident had happened due to
the negligence of the driver of the Mahindra & Mahindra Maxi Van and the
third respondent is liable to pay compensation.
8.The learned counsel appearing for the appellant/Insurance Company
in C.M.A.No.3999 of 2019 would contend that the amount awarded by the
Tribunal is very excessive and the Tribunal has erroneously fixed the notional
income of the injured/claimant at Rs.9,000/- and adding 40% towards future
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C.M.A.Nos.3999 & 3922 of 2019
prospects, in total Rs.12,000/- is very much on higher side and likewise the
Tribunal also fixed the award at Rs.7,00,000/- in excessive towards loss of
marital pleasure. Therefore, the learned counsel seeks to reduce the
compensation awarded by the Tribunal.
9.The learned counsel appearing for the injured claimant/appellant in
C.M.A.No.3922 of 2019 would submit that the Tribunal has not considered
the evidence on record in prospective and awarded a meagre award amount.
He would point out that the Tribunal went wrong in fixing the income of the
appellant notionally at Rs.9,000/- per month while the injured/claimant
produced Ex.P6 to establish the avocation of the injured claimant and also
erroneously fixed the loss of earing capacity by fixing 80% of functional
disability while the claimant sustained 100% functional disability. Therefore,
the learned counsel appearing for the claimant seeks enhancement of the
award amount.
10.Heard the learned counsel appearing for the appellants as well as the
learned counsel appearing for the respondents in both the appeals and perused
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C.M.A.Nos.3999 & 3922 of 2019
the materials available on record.
11.At the outset, it is pertinent to note that the claimant injured has
filed a claim petition before the Tribunal seeking compensation on
Rs.25,80,000/-, restricted to a sum of Rs.20,00,000/-. However, the Tribunal
considering both documentary and oral evidence, felt it appropriate to award
a sum of Rs.28,47,360/-. The Tribunal in its detailed award has considered
each and every aspect of the matter and awarded just compensation. On
perusal of the award, it is clear that the Tribunal has awarded the
compensation towards loss of income by fixing notional income of the
injured claimant at Rs.9,000/- per month though the claimant has not filed
any documentary evidence, but only produced Ex.P6 to show that he is a
member of the Barbers Association. Since the claimant/injured was 34 years
at the time of accident, the Tribunal added 40% towards future prospects and
thereby fixed the monthly income at Rs.12,600/- per month, which this Court
does not find any irregularity in order to interfere with the same hence the
same is confirmed by this Court. Likewise, the Tribunal has rightly fixed the
permanent disability at 80% and also rightly awarded the compensation under
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C.M.A.Nos.3999 & 3922 of 2019
various other heads. As regards the contention of the learned counsel for the
appellant/Insurance Company that the Tribunal has erroneously awarded the
compensation towards loss of marital pleasure at Rs.7,00,000/- is very
excessive is concerned, this Court does not find any infirmity in order to
reduce the same since the Tribunal while considering the age of the claimant
at the time of accident being 35 years and by relying on various citations, the
Tribunal has rightly fixed the said compensation. The multiplier fixed at '16'
is also correct. Hence, this Court does not find any convincing reasons either
to enhance the compensation or to reduce the same since the Tribunal, in a
well considered manner touching upon each and every aspect of the matter
and the contentions raised by both the parties, has passed the award. In the
light of the above, this Court is of the view that both the appeals are liable to
be dismissed as devoid of merits.
12.In the result, both these Civil Miscellaneous Appeals are dismissed
and sum of Rs.28,47,360/- awarded by the Tribunal as compensation to the
1st respondent/claimant, along with interest and costs are hereby confirmed.
The 1st appellant-Insurance Company is directed to deposit the award amount
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C.M.A.Nos.3999 & 3922 of 2019
along with interest and costs, less the amount already deposited, if any, within
a period of six weeks from the date of receipt of a copy of this judgment. On
such deposit, the 1st respondents/claimants are permitted to withdraw the
award amounts fixed by the Tribunal along with interest and costs, after
adjusting the amount already withdrawn, if any, by making necessary
applications before the Tribunal. No Costs.
(R.P.S.J.) (S.K.J.)
27.04.2021
gbi
Index : Yes / No
Internet : Yes/ No
To
1.The III Additional District Judge,
Motor Accident Claims Tribunal,
Thiruvallur, Poonamallee.
2.The Record Keeper,
V.R.Section,
High Court Madras,
Chennai.
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.3999 & 3922 of 2019
R.SUBBIAH, J.
and
S.KANNAMMAL, J.
gbi
C.M.A.Nos.3999 & 3922 of 2019
27.04.2021
https://www.mhc.tn.gov.in/judis/
