Madras High Court
The Manager vs Shankar Ganesh on 22 January, 2021
C.M.A.No.693 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.01.2021
CORAM
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
C.M.A.No.693 of 2016
The Manager
Oriental Insurance Co. Ltd
No.89, Shree Pankaj Complex,
Peramour Baracks Road,
Purasawalkam, Chennai - 7. … Appellant
Vs
1. Shankar Ganesh
2. J.Jayaprakash … Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of M.V.Act,
1988, against the award and decree dated 25.07.2014 made in
M.C.O.P.No.5752 of 2011 on the file of the Motor Accidents Claims
Tribunal, II Court of Small Causes, Chennai, Chennai.
ForAppellant : Mrs.R.Sree Vidhya
For Respondents : Mr.T.Ferry Chellaraja
JUDGMENT
The Insurance Company is the appellant herein. Challenging the
award passed in M.C.O.P.No.5752 of 2011 dated 25.07.2014, on the point
of quantum only, the present Civil Miscellaneous Appeal is filed.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.693 of 2016
2. Heard the learned counsel for the appellant and the learned
counsel for the respondents.
3. The factum of the accident, manner of the accident and the
negligence on the part of the driver of the 2nd respondent are not in
dispute and hence, the same is hereby confirmed.
4. From the perusal of the typed set of papers including the
Judgement of the tribunal, I find that except item No.1 namely Loss of
Income for 8 months, the compensation awarded on other heads, appear to
be just and reasonable.
5. Admittedly, the claimant was working as a Area Collection
Manager in GE Capital as per Ex.P10 appointment Order and as per
Ex.P11, his monthly income is Rs.56,155/-. Accordingly the same is
rounded of to Rs.56,000/- In the absence of the any documents to show
that he has not availed any medical leave or there is a reduction in salary,
the lower Court has erroneously assessed loss of income and awarded
Rs.4,48,000/- and the same is hereby liable to be rejected.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.693 of 2016
6.For the reasons stated above, this amount has been reduced to
Rs.56,000/-, taking a notional period of absence. Now it is represented by
the counsel for the appellant Insurance Company, the claimant has already
withdrawn 50% for the compensation amount as per the interim order
passed in C.M.P.No.5695 of 2016.
7.I find that the said amount itself is on the higher side and 50%
of the same already been withdrawn and thus, the compensation awarded
by the trial Court is hereby stands modified to the extent of 50% already
withdrawn by the claimant. The excess amount deposited by the
Insurance Company, pursuant to the interim order, is permitted to be
withdrawn by the Insurance Company. Accordingly the C.M.A. is partly
allowed. No costs.
22.01.2021
kmm
Index : Yes/No
Internet : Yes/No
Speaking order/Non-speaking order
To
The Motor Accidents Claims Tribunal, II Court of Small Causes,
Chennai, Chennai.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.693 of 2016
RMT.TEEKAA RAMAN, J.
kmm
C.M.A.No.693 of 2016
22.01.2021
https://www.mhc.tn.gov.in/judis/
