Madras High Court
The Divisional Manager vs Venkatesh on 28 April, 2021
C.M.A.No.3646 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.3646 of 2019
and
C.M.P.No.20894 of 2019
The Divisional Manager,
The New India Assurance Co. Ltd.,
Legal Claims Hun, Sethukrishna Trade Centre,
No.133/31-A, Trichy Main Road,
2nd Floor, Near Raja Sabari Theatre,
Gugai, Salem. ... Appellant
Vs.
1. Venkatesh,
S/o.Betappa
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.109 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 Judgement and decree dated 13.06.2018
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C.M.A.No.3646 of 2019
passed by the Motor Accidents Claims Tribunal, Additional District
Judge, Hosur in M.C.O.P.No.109 of 2017.
2. By the impugned Judgement and decree, the Tribunal has
awarded a sum of Rs.13,08,312/- as compensation for the following
injuries:-
(i) Head Injury and Loss of Consciousness
(ii) Right leg both tibia and fibula bones fracture with 2x1 c.m
wound
(iii) Right collar bone fracture
(iv) Pain, Swelling, Crepitus and abnormal mobility of right leg
and shoulder
(v) Right leg both bones open type-I fracture
(vi) Right clavicle closed fracture
(vii) Focal extra axial hemorrhage noted in right bassi frontal
region
(viii) Bilateral tentorial bleed
(ix) Focal subarchanoid hemorrhage in left occipital region
(x) Right frontal bone fracture
(xi) Right orbit and maxillary sinus fracture in face
3. The Insurance Company has filed this appeal against the
compensation awarded towards permanent disability by applying the
multiplier and for awarding further amount towards future prospects. It
is submitted that a sum of Rs.7,77,600/- awarded towards 40% loss of
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C.M.A.No.3646 of 2019
earning power/disability equivalent to Rs.3,11,040/- awarded towards
future prospects is excessive and therefore the amount awarded by the
Tribunal has to be requantified.
4. In this appeal, the appellant/Insurance Company has admitted
the liability of Rs.4,25,000/- as against the award amount of
Rs.13,08,312/-.
5. Defending the impugned Judgment and decree, the learned
counsel for the 1st respondent/claimant submits that the award amount is
very meagre for the injuries suffered by the 1st respondent/claimant
namely fracture of right clavicle bone and fracture of right leg.
6. It is further submitted that the 1st respondent/claimant was
treated as an inpatient for a period of five days and thereafter again had
undergone surgery on 20.08.2016 for removal of steel implant. It is
therefore submitted that the award amount may be confirmed by
dismissing the present appeal.
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C.M.A.No.3646 of 2019
7. Heard the learned counsel for the appellant and the 1st
respondent.
8. In my view, the amount awarded by the Tribunal towards
disability/earning power by adopting multiplier and adding further
amount towards future prospects totalling to sum of Rs.10,88,640/-.
(Rs.7,77,600/- + Rs.3,11,040/-) is excessive for the injuries suffered by
the 1st respondent/claimant.
9. Barring the above, by and large, the compensation awarded
under other conventional heads appears to be reasonable stating that the
Tribunal has considered the loss of income at Rs.9,000/- per month.
10. Considering the injuries suffered by the 1st respondent/claimant
and the time taken for recuperation, a sum of Rs.75,000/- is hereby
awarded towards loss of income for seven months i.e., Rs.12,500/-x7 =
Rs.75,000/-.
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C.M.A.No.3646 of 2019
11. The amount of Rs.10,88,640/- awarded towards disability and
future prospects is requantified to Rs.1,60,000/-. A sum of Rs.75,000/-
hereby awarded towards loss of income during which the 1st
respondent/claimant convalescing and recuperating from the injury.
12. In fine, the compensation awarded by the Tribunal is
re-computed as follows:-
Heads and Calculation Amount
40% loss of earning power/disability and future Rs. 1,60,000/-
prospects
Medical Expenses Rs. 99,672/-
Future Medical Expenses Rs. 20,000/-
Transportation Charges Rs. 15,000/-
Nutrition Charges Rs. 10,000/-
Attender Charges Rs. 10,000/-
Pain and Sufferings Rs. 50,000/-
Discomfort, frustration and loss of social enjoyment Rs. 15,000/-
Loss of Income Rs. 75,000/-
Total Rs.4,54,672/-
Rounded off to
Rs.4,54,700/-
13. The appellant/Insurance Company is therefore directed to
deposit the compensation of Rs.4,54,700/- together with interest at 7.5%
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C.M.A.No.3646 of 2019
per annum 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.
14. 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.
15. 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
(2/2)
arb
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
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Page No 6 of 8
C.M.A.No.3646 of 2019
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.3646 of 2019
C.SARAVANAN, J.
arb
C.M.A.No.3646 of 2019
and
C.M.P.No.20894 of 2019
28.04.2021
(2/2)
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Page No 8 of 8
