Madras High Court
The New India Assurance Co.Ltd vs Sathishkumar on 7 January, 2021
C.M.A.No.178 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.01.2021
CORAM
THE HONOURABLE MR. JUSTICE RMT.TEEKAARAMAN, J.
C.M.A.No.178 of 2016
and
C.M.P.No.1647 of 2016
The New India Assurance Co.Ltd.
N.S.Towers, Ist Floor,
Near Stadium Bus Stand,
Kovai Road, Kunnathur Medu,
Pelakadu, Kerala State – 678 013. ….Appellant
Vs
1. Sathishkumar
2. K.Mani ….Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of M.V.Act,
1988, against the Judgement and Decree dated 19.06.2015 made in
M.C.O.P.No.63 of 2012 on the file of Motor Accident Claims Tribunal
(Subordinate Judge) at Sathiyamangalam.
ForAppellant : M/s.Sree Vidhya
For Respondents : No appearance
https://www.mhc.tn.gov.in/judis/
C.M.A.No.178 of 2016
JUDGMENT
The appeal preferred by the Insurance Company on the question
of quantum only and hence, the manner of the accident and the place of
accident are not gone in to, being admitted.
2.After perusing the Ex.P4 – Accident Register, Ex.P5 Wound
Certificate and Ex.P8-Discharge Summary coupled with the evidence of
PW4 – Doctor, the Tribunal has arrived at the finding that 48% of
permanent disability has been sustained by the claimant. However, since
it has not resulted in any loss of earning capacity, since the claimant is
working in the very same post, after the accident and surgery, the
Tribunal has rightly negatived the loss of earning capacity, assume
significance.
3.Based upon the Ex.P6 series and also the Ex.P7 & Ex.P8 –
Discharge Summary, the Tribunal has awarded Medical Expenses to the
tune of Rs.5,53,521/- which is based upon the actual bill produced before
the Court and hence the said quantum is hereby confirmed and
transportation bills have also been produced and the same is confirmed.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.178 of 2016
4.Considering the nature of the surgery and the period of rest
advised for the claimant, the award of Rs.1,00,000/- towards Pain and
Suffering is reduced to Rs.25,000/- and the amount awarded towards
future medical expenses is reduced to Rs.3,00,000/-. Since the petitioner
was advised to take six months rest, based upon the Salary Slip, it is seen
that the monthly income of the claimant is Rs.21,253/-. Hence, the
compensation awarded towards loss of income for during the period of
treatment is reduced from Rs.2,33,783/- to Rs.1,27,518/-(Rs.21,253/- x 6).
Hence, the compensation awarded by the Tribunal is modified as follows:
S.No. Description Amount Amount
awarded by the awarded by this
Tribunal Court
1 Pain and Sufferings Rs.1,00,000/- Rs.25,000/-
2 Medical Expenses Rs.5,53,521/- Rs.5,53,521/-
3 Transportation Expenses Rs.27,200/- Rs.27,200/-
4 Attender Charges Rs.10,000/- Rs.10,000/-
5 Future Medical Expenses Rs.7,00,000/- Rs.3,00,000/-
6 Loss of Income Rs.2,33,783/- Rs.1,27,518/-
Total Rs.16,24,505/- Rs.10,43,239/-
with 7.5%
interest
https://www.mhc.tn.gov.in/judis/
C.M.A.No.178 of 2016
5. In the result:-
(i) This Appeal is partly allowed. Consequently, connected
Miscellaneous Petition is closed.
(ii) The appellant-New India Assurance Company is directed to
deposit the entire compensation, including interest at 7.5 % from the date
of claim petition till the date of payment, and costs, as awarded by the
Tribunal, within a period of eight weeks from the date of receipt of a copy
of this judgment, after deducting the amount, if any already deposited.
(iii) On such deposit, the claimant is permitted to withdraw the
compensation amount in accordance with law.
07.01.2021
kmm
Index : Yes/No
Internet : Yes/No
Speaking order/Non-speaking order
To
The Motor Accident Claims Tribunal (Subordinate Judge),
Sathiyamangalam.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.178 of 2016
RMT.TEEKAARAMAN, J.
kmm
C.M.A.No.178 of 2016
07.01.2021
https://www.mhc.tn.gov.in/judis/
