Madras High Court
The National Insurance vs Ravi on 4 August, 2021
C.M.A.No.1174 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
C.M.A.No.1174 of 2020 and
CMP.Nos.7354 of 2020 and 475 of 2021
The National Insurance
Company Limited,
Divisional Office,
110, Jawaharlal Nehru Street,
Pondicherry. ... Appellant
Vs.
1.Ravi
2.Raman ... Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
15.11.2018 made in M.C.O.P.No.175 of 2018 on the file of the Motor
Accident Claims Tribunal, (III Additional District Judge), Kallakurichi.
For Appellant : Ms.R.Sree Vidhya
For Respondents : Mr.Sugundhan for
M/s.N.Manoharan
1/9
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1174 of 2020
JUDGMENT
This appeal has been filed by the Insurance Company challenging the
Award dated 15.11.2018 passed by the Motor Accident Claims Tribunal, (III
Additional District Judge), Kallakurichi in M.C.O.P.No.175 of 2018,
directing the appellant Insurance Company to pay the Claimant a sum of
Rs.8,66,190/- as compensation for the injuries sustained by him, as a result of
an accident caused by a Hero Honda bike driven by the second respondent,
which was insured with the Appellant-Insurance Company.
2. According to the First Respondent/Claimant, he sustained injuries
as a result of an accident which occurred on 28.01.2018 caused by a bike
Hero Honda Vehicle bearing Registration No.15 Y 5562 driven by the second
respondent and insured with the Appellant Insurance Company. The first
Respondent/Claimant sustained head injury and grievous injuries all over the
body and he was first treated at Preliminary Health Centre, Thiyadurgam and
thereafter referred to Jipmer Hospital, Pondicherry and then admitted as
inpatient for two months at Neuro Foundation Hospital, Salem for two
months.
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C.M.A.No.1174 of 2020
3. Before the Tribunal, the First Respondent/Claimant claimed a sum of
Rs.50,00,000/- as compensation for the injuries sustained by him. In support
of his claim, the First Respondent/Claimant marked Exs.P1 to P13 before the
Tribunal and P.W.1 was examined as witnesses. On the side of the
Appellant/Insurance Company, no witnesses were examined and no Exhibits
were marked.
4. On consideration of the oral and documentary evidence available
on record, the Tribunal by fixing 20% contributory negligence as well as 15%
negligence for travelling without helmet and deducting the same, has
awarded a sum of Rs.8,66,190/- as compensation to the First
Respondent/Claimant. Details of the compensation awarded by the Tribunal
under the impugned Award, are as follows :
Amount awarded by the
Heads
Tribunal (Rs.)
Disability (6000x12x13) 9,36,000.00
Transport to Hospital 20,000.00
Extra nourishment 20,000.00
For damage to clothing and article 2,000.00
For Medical expenses 2,17,100.00
Attendant charges 2,500.00
Pain and sufferings 45,000.00
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C.M.A.No.1174 of 2020
Amount awarded by the
Heads
Tribunal (Rs.)
Loss of amenities and enjoyment in 45,000.00
life
Permanent Discomfort 45,000.00
Total 13,32,600.00
65% of Total compensation 8,66,190.00
5. Heard the learned counsel for the parties and perused the
material documents available on record.
6. The appellant has challenged the impugned award on the ground
that though the Medical Board had assessed the disability at 45% , the claims
Tribunal had fixed 100% as functional disability and multiplier method has
been adopted, which is not correct. He further submitted that the
compensation awarded towards Pain and Sufferings, Loss of Discomfort and
Loss of amenities are also on the higher side and the same needs to be
enhanced. He further submitted that no compensation was awarded towards
Loss of income during treatment period.
7. Insofar as the first contention raised by the appellant is
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C.M.A.No.1174 of 2020
concerned, the First Respondent/ Claimant has proved his case as in the
present case on hand multiplier method need not be applied and therefore this
Court feels that by taking a sum of Rs.6,000/- per month as income of the
injured and taking the disability assessed by the Doctor as 45%,
compensation can be awarded. Accordingly, the compensation towards
disability is modified to Rs.2,70,000/-(6000x45).
8. Insofar as the compensation awarded towards Pain and Sufferings,
Loss of Discomfort and Loss of amenities, this Court feels that they are
reasonable and no interference is required.
9. Considering the nature of injuries sustained by the first
respondent/claimant and also the period of treatment undergone, this Court
finds it appropriate to award compensation towards Loss of Income during
treatment period. Hence, by taking a sum of Rs.6,000/- per month as income
of the injured and by taking six months as treatment period, Loss of Income
during treatment period is assessed at Rs.36,000/- (6000x6). Further the
compensation awarded towards attendant charges as well as the Extra
Nourishment seems is very meagre and hence the same is enhanced to
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C.M.A.No.1174 of 2020
Rs.20,000/- and Rs.40,000/- respectively.
10. In view of the same, the compensation awarded by the Tribunal is
modified and the details of the modified compensation are tabulated below:
S.No Description Amount awarded Amount awarded Award confirmed
by Tribunal by this Court or enhanced or
(Rs) (Rs) granted
1. Disability 9,36,000/- 2,70,000/- Reduced
2. Transport to 20,000/- 20,000/- Confirmed
Hospital
3. Extra 20,000/- 40,000/- enhanced
nourishment
4. For damage to 2,000/- 2,000/- Confirmed
clothing and
article
5. For Medical 2,17,100/- 2,17,100/- Confirmed
expenses
6. Attendant 2,500/- 20,000/- enhanced
charges
7. Pain and 45,000/- 45,000/- Confirmed
sufferings
8. Loss of 45,000/- 45,000/- Confirmed
amenities and
enjoyment in life
9. Permanent 45,000/- 45,000/- Confirmed
Discomfort
10. Loss of Income NIL 36,000/- Granted
during treatment
period
Total Rs.13,32,600/- 7,40,100/-
65% of Total Rs.8,66,190/- 4,81,065/- Reduced by Rs.
compensation Rs.3,85,125/-
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C.M.A.No.1174 of 2020
10. In fine, the Award of the Tribunal is reduced from Rs.8,66,190/-
to Rs.4,81,065/-.
11. In the result, the Civil Miscellaneous Appeal is partly allowed. The
Appellant/Insurance Company is directed to deposit the modified award
Amount along with interest at 7.5% per annum from the date of filing of the
Petition till the date of deposit, less the amount already deposited, if any, to
the credit of M.C.O.P. No.175 of 2018 on the file of the Motor Accidents
Claims Tribunal, (III Additional District Judge), Kallakurichi, within a
period of six weeks from the date of receipt of a copy of this order. On such
deposit being made, On such deposit being made, the Tribunal is directed to
transfer the Award amount directly to the Bank account of the First
Respondent/Claimant through RTGS, within a period of two weeks. No
costs. Consequently, connected miscellaneous petitions are closed.
04.08.2021
arr
Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1174 of 2020
To
1.The Motor Accident Claims Tribunal,
III Additional District Judge, Kallakurichi.
2.The Section Officer,
VR Section,
High Court,
Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1174 of 2020
S.VAIDYANATHAN, J.
arr
C.M.A.No.1174 of 2020
04.08.2021
https://www.mhc.tn.gov.in/judis/
