Madras High Court
National Insurance Company Ltd vs Dhanam on 27 April, 2021
C.M.A.No.3144 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.Nos.3144 of 2019
and
C.M.P.No.17759 of 2019
National Insurance Company Ltd,
Divisional Office – 2,
11, Ramakrishna Road,
Salem – 7. ... Appellant
Vs.
1.Dhanam
Veluswamy(died)
2.Karunamabal ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the fair and decreetal order dated 13.02.2017
passed in M.C.O.P.No.1600 of 2012 by the Motor Accident Claims
Tribunal, Special District Court, Salem.
For Appellant : M/s.N.B.Surekha
For Respondents : Mr.K.Kuppusamy for R1
R2 No appearance
JUDGMENT
The appellant/Insurance Company is the appellant in this appeal.
It is aggreived by the impugned judgment and decree dated 13.02.2017 in
M.C.O.P.No.1600 of 2012 in Motor Accidents claims Tribunal Special
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C.M.A.No.3144 of 2019
District Court, Salem. By the impugned judgment and decree the
Tribunal has awarded a sum of Rs.20,000/- as compensation for the
simple injuries suffered by the 1st respondent/1st claimant.
2.This award amount is questioned by the appellant/Insurance
Company on the ground that for a claim under Section 163A of the
Motor Vehicles Act, 1988 compensation for simple injury, the amount
that can be awarded is only Rs.1,000 together with interest towards pain
and suffering. There is no other amount is to be separately allowed for as
such injuries. The learned counsel for the respondents submits that the
1st respondent is the wife of the deceased Arumugam. She not only lost
her husband in the accident tragically but has also undergone mental
torture due to the accident. Therefore, Rs.20,000/- awarded towards
injuries was a Just compensation and therefore, prays for the dismissal of
the appeal.
3.Heard the learned counsel for the appellant and the respondents.
4.It is noticed that the claim in M.C.O.P.No.1600 of 2019 was also
filed under 163A of the Motor Vehicle Act, 2012. The evidence on record
indicates that the appellant suffered only minor injuries (simple injuries).
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C.M.A.No.3144 of 2019
As per the 2nd schedule to the Motor Vehicle Act, 1988, the maximum
compensation payable towards Rs.1,000/- for pain and suffering.
Therefore, this Court is inclined to interfere with the impugned Judgment
and decree and allows this appeal by restricting the compensation
awarded by the Tribunal to Rs.1,000/- only together with interest at the
rate of 7.5% per annum.
5.Accordingly, the appeal filed by the Insurance Company stands
allowed. The appellant/Insurance Company is therefore directed to
deposit a sum of Rs.1,000/- together with interest accrued thereon 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. In case, the
appellant has already deposited the award amount, it is entitled to file
appropriate application for refund of the balance amount.
6.On such deposit being made by the appellant/Insurance
Company, the 1st respondent/1st claimant is permitted to withdraw the
same together with interest accrued thereon, less any amount already
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C.M.A.No.3144 of 2019
withdrawn in the same proportion as was ordered by the Tribunal.
7.Accordingly, this appeal stands partly allowed. No costs.
Consequently, connected Miscellaneous Petition is closed.
27.04.2021
(½)
Index : Yes/No
Internet : Yes/No
jas
Note:-In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the correct copy, shall be the
responsibility of the advocate / litigant concerned.
To:
1.The Motor Accident Claims Tribunal,
Special District Court, Salem.
2.The V.R.Section,
Madras High Court.
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C.M.A.No.3144 of 2019
C.SARAVANAN, J.
jas
C.M.A.No.3144 of 2019
and
C.M.P.No.17759 of 2019
27.04.2021
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Page No 5 of 5
