Madras High Court
Manager vs A.Marimuthu ... 1 St on 28 April, 2021
C.M.A.Nos.1936 & 1937 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2021
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.Nos.1936 & 1937 of 2015 and
M.P.Nos.1 & 1 of 2015
Manager,
M/s.United India Insurance Co. Ltd.,
Micro Office, Suriya Pushpam Complex,
(Opp to Maruthi Hotel),
Trichy Main Road,
Ariyalur – 621 704 ... Appellant in both CMAs.
..Vs..
1.A.Marimuthu ... 1 st respondent in CMA.No.1936 of
1.M.Ananthi ... 1st respondent in CMA.No.1937 of
2.P.Vasuku ... 2nd respondent in both CMAs.
Common Prayer: Civil Miscellaneous Appeals filed under Section 173 of
the Motor Vehicles Act, 1988, against the Award and decree dated
29.04.2015 made in O.P.Nos.187 & 188 of 2013 on the file of the Motor
Accident Claims Tribunal (Chief Judicial Magistrate Court), Perambalur.
For Appellant in both CMAs. : Mr.D.Bhaskaran
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C.M.A.Nos.1936 & 1937 of 2015
For 1st Respondent in both CMAs. : Mr.T.Gobinath
For 2nd Respondent in both CMAs. : No appearance
COMMON JUDGMENT
These appeals have been filed by the insurance company challenging
the common award dated 29.04.2015 passed by the Motor Accident Claims
Tribunal (Chief Judicial Magistrate, Perambalur) in MCOP.Nos.187 & 188
of 2013.
2. Heard Mr.D.Bhaskaran, learned counsel for the Appellant
Insurance Company and Mr.T.Gopinath, learned counsel appearing for the
respective claimants. Since no adverse orders are going to be passed against
the second respondent in both the appeals, notice to the second respondent
is dispensed with by this Court.
3. The Appellant Insurance Company has challenged the impugned
common award on the following grounds (a) the insured vehicle is not
responsible for the cause of the accident (b) the quantum of compensation
awarded by the Tribunal to the respective claimants is excessive. The details
of the compensation awarded by the Tribunal under the impugned award to
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C.M.A.Nos.1936 & 1937 of 2015
the respective claimants are as follows:
MCOP.No.187 of 2013 corresponds to CMA.No.1936 of 2015
Heads Award Amount
(Rs.)
Loss of future earning capacity 9,18,000/-
Medical Expenses 2,500/-
Transportation 3,000/-
Attender charges 3,000/-
Total 9,26,500/-
MCOP.No.188 of 2013 corresponds to CMA.No.1937 of 2015
Heads Award Amount
(Rs.)
Loss of income 16,000/-
Pain and suffering 15,000/-
Extra nourishment and 5,000/-
Transportation
Disability 1,20,000/-
Medical expenses 2,500/-
Attender charges 3,000/-
Total 1,61,500/-
4. The Tribunal with regard to the Appellant's liability which is
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C.M.A.Nos.1936 & 1937 of 2015
questioned in both the appeals, has rightly rejected the stand of the
Appellant. Though the FIR which was marked as Ex.A1 before the Tribunal
indicates the involvement of another vehicle bearing registration No.TN46-
L-3735, the respective claimants have impleaded the owner and insurer of
the vehicle bearing registration No.TN46-L-5735. The Tribunal only after
giving due consideration to the evidence of RW1, the police officer came to
the conclusion that TN46-L-5735 which is insured with the Appellant was
involved in the accident and not TN46-L-3735 which was indicated in the
FIR. Hence, it is established that the vehicle insured with the Appellant is
also responsible for the cause of the accident. The Tribunal has also given
due consideration to the evidence of RW2, the witness from RTO as well as
the oral evidence of RW3, the Insurance official and Exs.R1 to R7 and has
come to the correct conclusion that the rider of the insured vehicle was not
possessing the license at the time of the accident and therefore, the Appellant
Insurance Company is entitled for pay and recovery rights ie., pay the
compensation amount to the claimant and recover the same from the owner
of the vehicle (insured). Therefore, the first contention of the Appellant
Insurance Company is rejected by this Court.
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C.M.A.Nos.1936 & 1937 of 2015
5. With regard to the quantum of compensation awarded by the
Tribunal to the respective claimants are concerned, this Court is of the
considered view that insofar as the claimant in MCOP.No.188 of 2013
which corresponds to CMA.No.1937 of 2015 is concerned, the
compensation awarded by the Tribunal to the said claimant cannot be
considered to be excessive as alleged by the Appellant Insurance company.
The Tribunal has awarded a compensation of Rs.1,61,500/- to the claimant
in MCOP.No.188 of 2013 which corresponds to CMA.No.1937 of 2015.
The accident happened on 02.02.2012. The Tribunal has fixed the notional
monthly income of the claimant at Rs.4,000/-. The claimant in
MCOP.No.188 of 2013 sustained multiple grievous injuries on right side
head, both eyes, right and left hand and swelling & tenderness over in his
right leg ankle and fracture bimalleolar bone in right leg ankle and fracture
over lateral malleolus bone and sustained multiple injuries all over the body.
After giving due consideration to the nature of injuries sustained by the
claimant as well as the evidence placed on record before the Tribunal, this
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C.M.A.Nos.1936 & 1937 of 2015
Court is of the considered view that the quantum of compensation awarded
by the Tribunal to the claimant in MCOP.No.188 of 2013 cannot be
considered to be excessive as alleged by the Appellant Insurance company.
6. However, in the case of claimant in MCOP.No.187 of 2013 which
corresponds to CMA.No.1936 of 2015 is concerned, the Tribunal has
awarded a total compensation of Rs.9,26,500/- as indicated supra. The
claimant in MCOP.No.187 of 2013 sustained multiple grievous injuries on
head, deep lacerated wound over forehead, commuted fracture over his left
side frontal bone extending to left orbital roof of frontal Sinus, shaft of right
leg femur bone fracture and shaft of right hand radius bone fracture and
tenderness & swelling over his right hand and sustained multiple grievous
injuries all over the body. The Doctor PW3 has assessed the disability of the
claimant in MCOP.No.187 of 2013 at 51%. The Tribunal has adopted the
multiplier method for awarding compensation towards loss of future earning
capacity which is a correct assessment as the nature of injuries sustained by
the claimant would have reduced his loss of future earning capacity.
However, the Doctor has not assessed the whole body disability of the
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C.M.A.Nos.1936 & 1937 of 2015
claimant. The Tribunal has erroneously accepted 51% disability fixed by the
Doctor as the whole body disability and has assessed the compensation
towards loss of earning power to the claimant at a huge sum of
Rs.9,18,000/- which has to be necessarily reduced by this Court. This Court
after giving due consideration to the disability certificate issued by the
Doctor (PW3) and other evidence placed on record by the claimant before
the Tribunal is of the considered view that the claimant's whole body
disability has to be assessed at 25% instead of 51% fixed by the Tribunal.
The claimant in MCOP.No.187 of 2013 was aged 35 years at the time of the
accident and the correct multiplier to be adopted for the said age is 16 and
not 17 as fixed by the Tribunal. Accordingly, the same is also modified by
this Court. Therefore, the disability compensation fixed by the Tribunal to
the claimant in MCOP.No.187 of 2013 is reduced to Rs.2,88,000/- from
Rs.9,18,000/- fixed by the Tribunal.
7. Insofar as the compensation awarded to the claimant in
MCOP.No.187 of 2013 for the other heads are concerned, the same also
requires modifications by this Court. The Tribunal has awarded a lesser
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C.M.A.Nos.1936 & 1937 of 2015
compensation towards medical expenses, transportation and attender
charges. This court enhances the same to Rs.10,000/-, Rs.10,000/- and
Rs.15,000/- respectively.
8. The Tribunal has also erroneously failed to award any
compensation towards extra nourishment, pain and suffering, loss of
amenities, future medical expenses and damage to clothing which the
claimant is legally entitled to as per the settled law. This Court therefore,
awards a compensation of Rs.15,000/- towards extra nourishment,
Rs25,000/- towards pain and suffering, Rs.25,000/- towards loss of
amenities, Rs.10,000/- towards future medical expenses and Rs.2,000/-
towards damage to clothing.
9. For the foregoing reasons, the compensation awarded by the
Tribunal to the claimant in MCOP.No.187 of 2013 which corresponds to
CMA.No.1936 of 2015 is reduced from Rs.9,26,500/- to Rs.4,00,000/- by
this Court in the following manner:
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C.M.A.Nos.1936 & 1937 of 2015
Heads Amount Modified Award
awarded by Amount
the Tribunal (Rs.)
(Rs.)
Loss of future earning 9,18,000/- 2,88,000/-
capacity
Medical Expenses 2,500/- 10,000/-
Transportation 3,000/- 10,000/-
Attender charges 3,000/- 15,000/-
Extra nourishment -- 15,000/-
Pain and suffering -- 25,000/-
Loss of amenities -- 25,000/-
Future medical expenses -- 10,000/-
Damages to clothing -- 2,000/-
Total 9,26,500/- 4,00,000/-
However, the interest at the rate of 7.5% per annum awarded by the
Tribunal is confirmed by this Court.
10. In the result, CMA.No.1937 of 2015 shall stand dismissed and
CMA.No.1936 of 2015 shall stand partly allowed by reducing the
compensation awarded by the Tribunal from Rs.9,26,500/- to Rs.4,00,000/-.
11. It is represented by the learned counsel for the Appellant
Insurance Company that the Appellant has already deposited the entire
amount awarded by the Tribunal. Since this Court has reduced the award
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C.M.A.Nos.1936 & 1937 of 2015
amount from Rs.9,26,500/- to Rs.4,00,000/- in MCOP.No.187 of 2013, the
Appellant Insurance Company is permitted to withdraw the excess amount
deposited by them before the Tribunal by filing an appropriate application
and also permitted to recover the compensation amount from the owner of
the vehicle namely the second respondent herein.
12. The Tribunal shall transfer the amount lying to the credit of
MCOP.No.187 of 2013 to the bank account of the claimant in
MCOP.No.187 of 2013 who is the Appellant in CMA.No.1936 of 2015 and
also transfer the amount lying to the credit of MCOP.No.188 of 2013 to the
bank account of the claimant in MCOP.No.188 of 2013 who is the
Appellant in CMA.No.1937 of 2015 through RTGS within a period of one
week thereafter. No costs. Consequently, connected miscellaneous petitions
are closed.
28.04.2021
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Index:Yes/No
Internet:Yes/No
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C.M.A.Nos.1936 & 1937 of 2015
Speaking/Non-speaking order
To
1. The Chief Judicial Magistrate Court, Perambalur.
2.The Section Officer
V.R.Section, High Court of Madras.
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C.M.A.Nos.1936 & 1937 of 2015
ABDUL QUDDHOSE, J.
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C.M.A.Nos.1936 & 1937 of 2015
28.04.2021
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