Madras High Court
M/S. United India Insurance Co Ltd vs G.Srinivasa Babu on 9 February, 2021
C.M.A.No.1465 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2021
CORAM:
THE HON'BLE Mr. JUSTICE D.KRISHNAKUMAR
CMA. No.1465 of 2010
M/s. United India Insurance Co Ltd,
No.13 A, Nethaji Road,
Manjakuppam, Cuddalore. ... Appellant
..vs..
1.G.Srinivasa Babu,
S/o Ramarao,
2.Arunachalam,
3.Gnanasekaran,
4.The New India Assurance Co Ltd,
No.1, Bharathi Road,
Arcot Woodlands Building,
Cuddalore. ... Respondents
Appeal filed under Section 173 of the Motor Vehicles Act,
1988, against the judgment and decree dated 23.10.2009 made in
M.C.O.P.No.1198 of 2007, on the file of the Motor Accidents Claims
Tribunal, Chief Judicial Magistrate Court, Cuddalore.
1/9
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C.M.A.No.1465 of 2010
For Appellant : Mr.E.Rajadurai for
Mr.N.Vijayaraghavan
For Respondent No.1,2, & 3 : Mr.Mira Aurobindi Kumur
for M/s. Ramya Rao.
For Respondent No.4 : Notice unserved
----
JUDGMENT
'This matter is heard through physical hearing'
Dissatisfied with the judgment and decree, dated
23.10.2009, passed by the tribunal awarding compensation of
Rs.3,74,500/- along with interest at the rate of 7.5% per annum,
the Appellant/ Insurance Company is before this Court to set aside
the judgment and decree by the tribunal.
2. It is the case of the claimants/ 1st Respondent herein
that on 02.09.2006 at about 4.00 p.m, the Claimant-Srinivasa Babu
was traveling in the 2nd Respondent's car bearing no. TN-22-AA-
7102, on Chennai to Tindivanam N.H. road, near North
Koochuikulathur, the driver of the vehicle drove the vehicle at a
very high speed, in a rash and negligent manner, without making
any horn nor following the traffic rules and regulations and hit the
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C.M.A.No.1465 of 2010
3rd respondent's vehicle bearing no. PY-01-F-2989 from behind and
caused the accident. Due to the accident the claimant sustained
grievous injuries. The Claimant/1st respondent was immediately
taken to the PIMS Hospital, Pondicherry and then transferred to
Apollo Specialty Hospital, Chennai for treatment. The Claimant/1st
Respondent filed petition before the tribunal, claiming compensation
of Rs.10,00,000/- for the permanent disability and the injuries
sustained by him in the said accident. After analyzing both oral and
documentary evidences, the Tribunal has awarded Rs.3,74,500/- as
total compensation along with interest at the rate of 7.5% p.a from
the date of petition till realization.
3. The learned counsel appearing for the
appellant/Insurance company has submitted that the tribunal has
erred in accepting the version of the claimant that he was working
was Chief Engineer in Neyveli and fixed the monthly income at
Rs.37,000/- as claimed by the claimant/1st respondent without any
salary slip or supporting evidence. The learned counsel for the
appellant has further submitted that by taking monthly income at
Rs.37000/-, the tribunal has granted compensation towards loss of
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C.M.A.No.1465 of 2010
income for six months at Rs.2,22,000/-, which is unreasonable and
excessive and liable to be set aside. The compensation awarded
under other heads are also required to be reconsidered by this
Court.
4. On the other hand, the learned counsel appearing for
the 1st respondent/claimant contented that the claimant was
working as a Chief Engineer in NLC, Neyveli and the tribunal has
rightly accepted and fixed the monthly salary at Rs.37,000/- and
granted reasonable compensation towards loss of income for six
months. Furthermore, the amount awarded under other heads by
the tribunal are also based on the settled principles of law laid down
by the Hon'ble Supreme Court and this Court, hence the quantum
arrived at by the Tribunal does not require any interference by this
Court.
5. Heard the learned counsel appearing for the appellant/
Insurance Company and the learned counsel appearing for the 1 st
respondent/ claimant and perused the materials available on record.
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C.M.A.No.1465 of 2010
6. On a perusal of records, it is seen that before the Tribunal,
witnesses P.W.1 & P.W.2 were examined and Exhibits P1 to P8 were
marked on the side of the 1st respondent/claimant, whereas exhibits
R1 to R3 were marked and no witness were examined on the side of
the appellant/insurance company
7. The main contention of the appellant is that the tribunal
without any proof for avocation and salary, has accepted the claim
made by the claimant/1st respondent and fixed the monthly income
at Rs.37000/- and awarded a huge compensation of Rs.2,22,000/-
towards loss of income. It is true that the 1st respondent/claimant
has not produced any documents to prove his avocation and salary
before the tribunal, therefore, it would not appropriate to grant the
said compensation. Discussion has been made between the learned
counsels appearing for both the parties and after discussion, both
the learned counsels agreed to fix the monthly income at
Rs.15,000/- This Court also accepts the said amount and modifies
the compensation under the head loss of income for six months to
Rs.90,000/- . It is seen from the records, that no contra evidence
has been placed to disprove the disability certificate /Ex.P8
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C.M.A.No.1465 of 2010
produced by the 1st respondent/claimant, therefore, this Court
confirms the compensation granted by the tribunal for Disability at
Rs.45000/-. The compensation granted at Rs.25,000/-under the
head Shock and Mental Agony is also confirmed. Taking note of the
nature of injuries and period of treatment, the compensation under
the head 'Pain and Suffering' granted by the tribunal at Rs.45000/-
is reduced to Rs.40,000/-.
8. Considering the fact that the 1st respondent/claimant was
aged 45 years at the time of the accident and he was hale and
healthy before the accident, this Court is inclined to enhance the
compensation granted by the tribunal at Rs.7500/- each under the
heads 'Nutritious Food', 'Transport Charges', 'Attender's Charges',
'Loss of Amenities' and 'Medical Expenses'. Accordingly, the
compensation is enhanced to Rs.10,000/- each under the said
heads. Thus, the compensation awarded by the tribunal under
various heads are modifies as follows;
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C.M.A.No.1465 of 2010
Heads Compensation Compensation
granted by the modified by
Tribunal this Court
Rs.
Loss of Income 2,22,000/- 90,000
(Rs.37,000/- x 6
months)
Disability 45,000/- 45,000
Pain & Sufferings 45,000/- 40,000
Shock & Mental Agony 25,000/- 25,000
Nutritious Food 7,500/- 10,000
Transportation charges 7,500/- 10,000
Attender's Charges 7,500/- 10,000
Loss of Amenities 7,500/- 10,000
Medical Expenses 7,500/- 10,000
Total 3,74,500/- 2,50,000
9. In the result, this Civil Miscellaneous Appeal is partly
allowed, by reducing the total amount of compensation from
Rs.3,74,500/- to Rs.2,50,000/- along with interest at the rate of
7.5% per annum. The 1st respondent/claimant is entitled for
compensation only as per the modification made by this Court.
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C.M.A.No.1465 of 2010
10. It is represented by the learned counsel for the
appellant/insurance company that the entire award amount has
been deposited before the tribunal. In view of the same, the
appellant/insurance company is permitted to withdraw the
remaining compensation amount by filing appropriate application
before the tribunal. No costs.
09.02.2021
Internet :Yes
Index :Yes/No
ak
To
1. The Chief Judicial Magistrate Court,
(Motor Accidents Claims Tribunal)
Cuddalore.
2. The Section Officer,
VR Section,
High Court, Madras.
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C.M.A.No.1465 of 2010
D.KRISHNAKUMAR, J.,
ak
CMA.No.1465 of 2010
09.02.2021
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