Madras High Court
The National Insurance Co. Ltd vs K.Vedharathinam on 14 June, 2021
Judgment dated 14.06.2021
in C.M.A.No.1643 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 14.06.2021
Coram:
THE HONOURABLE MR.JUSTICE R.SUBBIAH
and
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A.No.1643 of 2021
and
C.M.P.No.8777 of 2021
The National Insurance Co. Ltd.,
North Car Street,
Opp. Anna Salai,
Tiruchengode,
Namakkal District. .. Appellant
Vs.
1. K.Vedharathinam, S/o Kunchithapadham
2. S.V.Murugan, S/o Venkiteda Chettiar .. Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the order and decree dated 29.04.2021 in
M.C.O.P.No.1778 of 2015 on the file of the Motor Accidents Claims
Tribunal (Special Subordinate Judge), Coimbatore.
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Judgment dated 14.06.2021
in C.M.A.No.1643 of 2021
For appellant : Mr.S.Vadivel
For respondents: Mr.C.Thangaraju for R-1
R-2 set ex-parte before the Tribunal
JUDGMENT
(The Judgment of the Court was delivered by R.Subbiah, J)
This appeal is filed by the Insurance Company questioning only the
quantum of compensation awarded by the Tribunal, in and by Award, dated
29.04.2019 made in M.C.O.P.No.1778 of 2015.
2. It is the case of the claimant that on 23.10.2014 at about 3.15 p.m.,
while the first respondent/claimant was travelling as a pillion-rider in the
TVS-motor cycle (TVS-XL) bearing Registration No.TN-66-7218 from East
to West on the Coimbatore-Sundappalayam Road, a lorry bearing
Registration No.KL-08-B-2590 came in a rash and negligent manner and hit
on the rear side of the claimant's vehicle and thus, caused the accident. In
the said accident, the claimant had sustained multiple fractures and grievous
injuries, as a result of which, the claimant's right leg below the knee was
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in C.M.A.No.1643 of 2021
amputated. The injured-victim was working in the Police Department and
earning a sum of Rs.30,000/- per month. Hence, the first
respondent/claimant made a claim for a sum of Rs.48 lakhs as
compensation.
3. The claim petition filed before the Tribunal, was resisted by the
appellant/Insurance Company, denying the manner in which the accident
had taken place and the nature of injuries sustained by him.
4. In order to prove the claim, before the Tribunal, the first
respondent/claimant was examined as P.W.1 and Exs.P-1 to P-7 were
marked on his side. On the side of the appellant/Insurance Company, no
oral and documentary evidence was adduced.
5. The Tribunal, after analysing the entire evidence on record, passed
an Award for a sum of Rs.40,38,844/- as compensation. The break-up
details of the compensation awarded by the Tribunal, are tabulated
hereunder:
Sl. Heads under which the amounts are Amounts awarded
No. awarded by the Tribunal (in Rs.)
1 For grievous injuries 2,10,000
2 Medical bills 10,03,844
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in C.M.A.No.1643 of 2021
Sl. Heads under which the amounts are Amounts awarded
No. awarded by the Tribunal (in Rs.)
3 Pain and suffering 15,00,000
4 Loss of amenities 5,00,000
5 Attendant charges 3,00,000
6 Loss of promotion opportunities 5,00,000
7 Transportation to Hospital 10,000
8 Extra-nourishment 10,000
9 Damage to clothing 5,000
Total 40,38,844
Challenging the above compensation awarded by the Tribunal, the
Insurance Company had preferred this appeal.
6. Now, the present appeal has been filed by the Insurance Company
questioning only the quantum of compensation awarded by the Tribunal
under each head(s).
7. The only submission made by the learned counsel appearing for the
appellant/Insurance Company is that the Tribunal had awarded exorbitant
sum under each head(s), which had resulted in awarding excessive
compensation of Rs.40,38,844/- and thus, he prayed for reduction of the
compensation amount awarded by the Tribunal.
8. Per contra, the learned counsel appearing for the first
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in C.M.A.No.1643 of 2021
respondent/claimant made his submissions supporting the Award passed by
the Tribunal.
9. Keeping in mind the submissions made on either side, we have
carefully perused the entire materials available on record.
10. We find that the compensation awarded by the Tribunal under the
head "pain and suffering" in a sum of Rs.15,00,000/- is extremely on the
higher side. Considering the nature of the injuries, the disability suffered by
the victim and the duration of treatment undergone by the claimant, a sum
of Rs.5,00,000/- may be awarded under the head "pain and suffering",
which would be just, fair and proper compensation. Accordingly, the sum of
Rs.15,00,000/- awarded by the Tribunal under the head "pain and
suffering", is hereby reduced to Rs.5,00,000/-.
11. Further, we find that the Tribunal had awarded a sum of
Rs.5,00,000/- under the head "loss of promotion opportunities". But,
absolutely, there is no evidence available on record to show that the
claimant had lost his promotional opportunities in his career on account of
the disability suffered by him. Hence, the sum of Rs.5,00,000/- awarded by
the Tribunal under the head "loss of promotion opportunities" is hereby set
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aside.
12. Furthermore, we find that the first respondent-injured-claimant
would have incurred some amount for fixation of artificial leg. Hence, on
this score, this Court awards a sum of Rs.2,00,000/- under the head
"expenses for fixation of artificial leg".
13. Except the above modification, the amounts awarded by the
Tribunal under the other heads shall remain unaltered.
14. Resultantly, the break-up details of the amounts awarded by the
Tribunal in comparison with the amount(s) awarded by this Court, are
tabled below:
Amounts Amounts awarded
Sl.
Heads under which the awarded by by this Court
No.
amounts are awarded the Tribunal (in Rs.)
(in Rs.)
1 For grievous injuries 2,10,000 2,10,000
2 Medical bills 10,03,844 10,03,844
3 Pain and suffering 15,00,000 5,00,000
4 Loss of amenities 5,00,000 5,00,000
5 Attendant charges 3,00,000 3,00,000
6 Loss of promotion 5,00,000 set aside
opportunities
7 Transportation to Hospital 10,000 10,000
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in C.M.A.No.1643 of 2021
Amounts Amounts awarded
Sl.
Heads under which the awarded by by this Court
No.
amounts are awarded the Tribunal (in Rs.)
(in Rs.)
8 Extra-nourishment 10,000 10,000
9 Damage to clothing 5,000 5,000
10 Expenses incurred for Nil 2,00,000
fixation of artificial leg
Total 40,38,844 27,38,844
(rounded off to
Rs.27,38,900/-)
15. Consequently, the total compensation awarded by the Tribunal at
Rs.40,38,844/- is hereby reduced to Rs.27,38,900/- (Rupees twenty seven
lakhs thirty eight thousand and nine hundred only), which shall carry
interest at the rate of 7.5% per annum from the date of claim petition till the
date of deposit. The appellant/Insurance Company is directed to deposit the
said sum of Rs.27,38,900/- within a period of four weeks from the date of
receipt of a copy of this judgment, after adjusting the amount(s), if any
already deposited before the Tribunal. On such deposit, the first
respondent/claimant is permitted to withdraw the entire amount of
compensation as computed by this Court above, along with accrued interest
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in C.M.A.No.1643 of 2021
and costs (if any) is awarded by the Tribunal, after adjusting the amount(s)
if any already withdrawn by him. In other respects, the Award passed by
the Tribunal is hereby confirmed. There shall be no order as to costs in this
appeal. Consequently, C.M.P. is closed.
(R.P.S.J) (S.K.J)
14.06.2021
Index: Yes
Speaking Order: Yes
cs
To
1. The Motor Accidents Claims Tribunal
(Special Subordinate Judge), Coimbatore.
2. The Section Officer, V.R. Section, High Court, Madras.
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Judgment dated 14.06.2021
in C.M.A.No.1643 of 2021
R.SUBBIAH, J
and
S.KANNAMMAL, J
cs
C.M.A.No.1643 of 2021
14.06.2021
Page No.9/9
