Madras High Court
The Divisional Manager vs Anand Kumar on 28 April, 2021
C.M.A.No.3642 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.3642 of 2019
and
C.M.P.No.20884 of 2019
The Divisional Manager,
The New India Assurance Co.Ltd.,
Legal Claims Hub, Sethukrishna Trade Centre,
No.133/31-A, Trichy Main Road,
2nd Floor, Near Raja Sabari Theatre,
Gugai, Salem. ... Appellant
Vs.
1.Anand Kumar,
S/o.Nandyalappa
2.S.Rajalingam,
S/o.Saranagapani ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree dated 13.06.2018
made in M.A.C.T.O.P.No.110 of 2017 on the file of the Motor Accidents
Claims Tribunal, Additional District Judge at Hosur.
For Appellant : Mr.M.Krishnamoorthy
For R1 : Mr.M.Sivakumar
For R2 : Exparte
JUDGMENT
The insurance company is the appellant in this appeal. It is
aggrieved by the impugned Judgment and decree dated 13.06.2018
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C.M.A.No.3642 of 2019
passed by the Motor Accidents Claims Tribunal, Additional District
Judge, Hosur in M.C.O.P.No.110 of 2017.
2. By the impugned Judgment and decree, the Tribunal has
awarded a sum of Rs.2,12,000/- as compensation to the 1st
respondent/claimant. The appellant/Insurance Company has questioned
the amount of compensation awarded towards pain and sufferings,
discomfort and loss of enjoyment and further a sum of Rs.20,000/-
towards future medical expenses.
3. On behalf of the 1st respondent, Mr.M.Sivakumar, learned
counsel submits that the Tribunal has awarded just compensation
considering the nature of injuries and therefore prays for confirming the
award and for dismissal of the present appeal.
4. I have considered the arguments advanced by the learned
counsel for the appellant/Insurance Company and the 1st
respondent/claimant. I have also perused the evidences on record namely
the exhibits and the deposition of the witnesses.
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C.M.A.No.3642 of 2019
5. The injuries suffered by the 1st respondent/claimant are as
follows:-
(i) Head Injury and 10x3 c.m laceration over scalp region.
(ii) Right foot fracture.
(iii) Pain, Swelling, Crepitus and tenderness on right foot.
X-Ray Right foot 1st metatarsal fracture.
6. In my view, the Tribunal has awarded slightly higher amount
towards pain and sufferings, discomfort, lost of enjoyment for a sum of
Rs,60,000/- (Rs.50,000/- + Rs.10,000/-).
7. Therefore, this amount is reduced to Rs.30,000/-, considering
the nature of injuries suffered by the 1st respondent/claimant. Similarly,
the Tribunal has wrongly awarded a sum of Rs.20,000/- towards future
medical expenses. The nature of injuries suffered by the 1st
respondent/claimant do not indicates any requirements for future medical
expenses.
8. The accident is of the year 2016 and the award came to be
passed in 2018. If there was any future medical expenses, the
1st respondent/claimant have produced evidence to substantiate the same
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C.M.A.No.3642 of 2019
before the Tribunal by filing appropriate application even if the trial was
completed.
9. Therefore, the amount of Rs.20,000/- awarded by the Tribunal
towards future medical expenses is also requires to be reduced from the
total compensation.
10. In the result, the compensation amount of Rs.2,12,000/-
awarded by the Tribunal is reduced by Rs.50,000/- as below:-
Heads and calculation Amount
Permanent Disability Rs. 30,000/-
Transportation Charges Rs. 15,000/-
Nutrition Charges Rs. 10,000/-
Attender Charges Rs. 10,000/-
Pain and Sufferings, Discomfort, frustration and Rs. 30,000/-
loss of social enjoyment
Partial Loss of Income Rs. 27,000/-
Medical Bills Rs. 40,000/-
Total Rs.1,62,000/-
11. The appellant/Insurance Company is therefore directed to
deposit the compensation of Rs.1,62,000/- together with interest at 7.5%
per annum from the date of numbering of the claim petition till the date
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C.M.A.No.3642 of 2019
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.
12. On such deposit being made by the appellant/Insurance
Company, the 1st respondent/claimant is permitted to withdraw his
respective share in the same proportion as was ordered by the Tribunal,
together with interest accrued thereon, less the amount already
withdrawn if any, by filing suitable application before the Tribunal.
13. This Civil Miscellaneous Appeal is partly allowed with the
above observations and directions. No costs. Consequently, connected
Civil Miscellaneous Petition is closed.
28.04.2021
(½)
arb
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
To:
1. The Motor Accidents Claims Tribunal,
Additional District Judge, Hosur.
2. The Section Officer,
Vernacular Section,
Madras High Court.
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C.M.A.No.3642 of 2019
C.SARAVANAN, J.
arb
C.M.A.No.3642 of 2019
and
C.M.P.No.20884 of 2019
28.04.2021
(½)
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