Madras High Court
M/S. Oriental Insurance Co. Ltd vs Mala on 18 February, 2021
C.M.A.No.1062 of 2015 and
M.P.Nos.1 & 2 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
C.M.A.No.1062 of 2015
and
M.P.Nos.1 & 2 of 2015
M/s. Oriental Insurance Co. Ltd.,
Subagovindam Building,
Imperial Road,
Cuddalore. ..
Appellant
Vs.
1.Mala
2.Sankar
3.S.Raja
4.The ICICI Lombard General Insurance Co. Ltd.,
Chottabai Centre, 2nd floor,
Nungambakkam High Road,
Chennai – 600 034. .. Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree passed in
M.C.O.P.No.579 of 2010 on 16.12.2014 on the file of the Motor Accident
1/6
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C.M.A.No.1062 of 2015 and
M.P.Nos.1 & 2 of 2015
Claims Tribunal (II Additional Subordinate – Judge) at Cuddalore – District.
For Appellant : Mr. J. Chandran
For Respondent 1 : Mrs. Ramya V. Rao
For Respondent 4 : Ms. R. Sreevidhya
For Respondents 2 & 3 : No Appearance
JUDGMENT
The appeal has been filed by the Oriental Insurance Company
challenging the award dated 16.12.2014 passed by the Motor Accident
Claims Tribunal (II Additional Subordinate – Judge) at Cuddalore – District
in MCOP.No.579/2010.
2. Heard, Mr.Chandran, learned counsel for the appellant / Oriental
Insurance Company and Mrs.Ramya V. Rao, learned counsel for R1 and
Ms. R. Sreevidya, learned counsel for R4.
3. The claim petition is filed under Section 163(A) of the Motor
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C.M.A.No.1062 of 2015 and
M.P.Nos.1 & 2 of 2015
Vehicles Act, 1988. Based upon the oral and documentary evidence, the
Tribunal has held that the accident has occurred due to the rash and negligent
driving of the driver of the first respondent, whose vehicle was insured with
the Oriental Insurance namely the appellant herein. The Tribunal has awarded
a sum of Rs.3,41,000/- as compensation. The said award is challenged by the
Insurance Company on the point of quantum. As against the respondents 3
and 4, before the Tribunal, MCOP was dismissed.
4. After hearing the learned counsel for the appellant and the
contesting respondent, since the case is filed under Section 163(A) of Motor
Vehicles Act, the sum of Rs.35,000/- awarded by the Tribunal under the head
pain and suffering is hereby modified and reduced to Rs.5,000/- and similarly,
the sum of Rs.28,000/- awarded by the Tribunal under the head Medical
expenses is hereby modified and reduced to Rs.15,000/-. The Tribunal
awarded compensation under the heads Transport to hospital, Special diet,
Loss of amenities and loss of disfigurement and the same are set aside. The
Tribunal awarded compensation under the head loss of income for two
months and the same is enhanced to loss of income for four months to the
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C.M.A.No.1062 of 2015 and
M.P.Nos.1 & 2 of 2015
extent of Rs.20,000/-.
5. The learned counsel for the respondents claimants would contend
that the loss of earning capacity Rs.2,25,000/- was awarded and made
submissions there of. Since the future prospects was given for a petition filed
under Section 163(A) of Motor Vehicle Act, to that extent the amount is
reduced, and income is fixed at Rs.3,300/- as per the evidence of P.W.1. With
regard to the injuries sustained, as per Ex.P4, the injuries are classified as
grievous in nature and he has taken treatment in Apollo hospital as inpatient
for three days and hence multiplier method is adopted. The adopted multiplier
is 15 therefore, a loss of earning capacity is 3300x12x15x25/100 =
1,48,500/-. So far as the compensation awarded by the Tribunal under other
heads are concerned, the same are modified to the extent as indicated infra.
Sl. Heads Tribunal High Court MODIFIED/C
No. Award ONFIRMED
1 Pain and sufferings Rs.35,000/- Rs.5,000/- Modified
2 Medical expenses Rs.28,000/- Rs.15,000/- Modified
3 Transport to hospital Rs.5,000/- Nil Set aside
4 Special diet Rs.5,000/- Nil Set aside
5 Loss of amenities Rs.18,000/- Nil Set aside
6 Attendant charges Rs. 5,000/- Nil Set aside
7 Loss of earning capacity Rs.2,25,000/- Rs.1,48,500/- Modified
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C.M.A.No.1062 of 2015 and
M.P.Nos.1 & 2 of 2015
Sl. Heads Tribunal High Court MODIFIED/C
No. Award ONFIRMED
Loss of income for two Rs.10,000/- Rs.20,000/- Modified
8 months
9 Loss of disfigurement Rs.10,000/- Nil Set aside
Total Rs./- Rs.1,88,500/-
3,41,000/-
6. Consequently, the total compensation amount of Rs.3,41,000/-
awarded by the Tribunal is hereby modified and reduced to Rs.1,88,500/-.
The appellant/Insurance Company is directed to deposit the modified
compensation amount of Rs.1,88,500/- with interest at the rate of 7.5% per
annum from the date of claim petition till the date of deposit within a period
of four weeks from the date of receipt of a copy of this judgment and on such
deposit, the claimants are permitted to withdraw the entire award amount by
filing an appropriate application and the payments are to be made through
RTGS. Thus, the award dated 16.12.2014, passed in M.C.O.P.No.579/2010,
stands modified and C.M.A.No.1062/2015 stands allowed in part.
Consequently, connected miscellaneous petitions are closed.
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C.M.A.No.1062 of 2015 and
M.P.Nos.1 & 2 of 2015
RMT.TEEKAA RAMAN,J.
7. In view of the findings rendered above with regard to the
negligence on the part of the vehicle that was insured with appellant, R4 is not
liable to pay any compensation.
18.02.2021
AT
Index : Yes / No
Internet : Yes/ No
To
1.The Motor Accidents Claims Tribunal,
(II Additional Subordinate – Judge)
Cuddalore District.
2.The Section Officer,
VR Section,
High Court,
Madras.
C.M.A.No.1062 of 2015 and
M.P.Nos.1 & 2 of 2015
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