Madras High Court
The Branch Manager vs S.Mani @ Manikandan on 30 June, 2021
C.M.A.No.2863 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.06.2021
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.2863 of 2015
and M.P No.1 of 2015
The Branch Manager,
The Oriental Insurance Co. Ltd.,
Divya Towers, II Floor, Western Part,
Fort Main Road, Salem Taluk & District. ... Appellant
..Vs..
1.S.Mani @ Manikandan
2.Selvam ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the Judgment and Decree made in
MACTOP.No.3 of 2011 on the file of the Motor Accident Claims Tribunal,
Sub Court at Attur.
For Appellant : Mr.M.Krishnamoorthy
For Respondents : R-1 Died
R-2 Exparte
1/6
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2863 of 2015
JUDGMENT
(This Appeal has been taken up for hearing through Video Conferencing)
This appeal has been filed by the appellant/Insurance company
challenging the award dated 26.11.2014 passed by the Motor Accident
Claims Tribunal, Subordinate Judge at Attur in MCOP No.3 of 2011.
2. Heard Mr.M.Krishnamoorthy, learned counsel for the appellant –
Insurance Company and perused the materials available on record. The first
respondent / claimant is reported dead.
3. The appellant has challenged the impugned award only on the
ground that the quantum of compensation awarded by the Tribunal to the
claimant is excessive. The Tribunal, in the impugned award, directed the
appellant – Insurance Company to pay a compensation of Rs.2,63,807/- to
the 1st respondent/claimant, as detailed hereunder -
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2863 of 2015
Heads Award Amount
(Rs.)
Partial loss of income 750/-
Transport expenses 5,000/-
Medical expenses 18,057/-
Pain & Suffering 1,00,000/-
Loss of earning capacity 1,00,000/-
Permanent disability 40,000/-
Total 2,63,807/-
4. Before the Tribunal, the first respondent/claimant has filed fourteen
documents which were marked as Exs.P1 to P14 and three witnesses were
examined on their side including the doctor who was examined as P.W.3.
The nature of injuries sustained by the 1st respondent/claimant has not been
disputed by the appellant – Insurance Company before the Tribunal. The
first respondent/claimant has sustained the following injuries as a result of
the accident -
(a) loss of three teethes
(b) fracture in jaw
(c) disfiguration in face
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C.M.A.No.2863 of 2015
5. Admittedly, the first respondent/claimant was hospitalized for a
period of six days as a result of the injuries sustained by him, referred to
supra. The first respondent/claimant was aged 19 years at the time of
accident which happened on 21.01.2010. The Tribunal, under the impugned
award has granted a compensation of Rs.2,63,807/- as referred to supra,
based on the evidence available on record. Even though under certain
heads, the Tribunal has assessed the compensation on lumpsum basis, this
Court is of the considered view that overall compensation awarded by the
Tribunal amounting to Rs.2,63,807/- cannot be considered to be excessive,
as alleged by the appellant – Insurance Company. For the foregoing reasons,
there is no merit in this Appeal.
Conclusion :
6. Accordingly, this Civil Miscellaneous Appeal is dismissed. The
Appellant - Insurance Company is directed to deposit the Award amount
together with interest from the date of claim till the date of deposit and costs
as assessed by the Tribunal after deducting the amount already deposited to
the credit of MCOP.No.3 of 2011 within a period of four weeks from the
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C.M.A.No.2863 of 2015
date of receipt of a copy of this Judgment. The first respondent/claimant is
reported dead and no steps were taken by the Appellant – Insurance
Company to bring on record the legal heirs of the deceased first
respondent/claimant inspite of opportunity being given by this Court, as
early as on 23.04.2021. Hence, on deposit of award amount being made by
the second respondent, the Tribunal is directed to disburse the award
amount lying to the credit of MCOP.No.3 of 2011 along with accrued
interest to the legal heirs of the deceased first respondent / claimant on
filing appropriate application. Consequently, connected miscellaneous
petition is closed. No costs.
30.06.2021
rgr
Index:Yes/No
Internet:Yes/No
To
1. The Subordinate Judge,
Motor Accident Claims Tribunal,
Attur.
2.The Section Officer
V.R.Section,
High Court, Madras.
ABDUL QUDDHOSE, J.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2863 of 2015
rgr
C.M.A.No.2863 of 2015
30.06.2021
https://www.mhc.tn.gov.in/judis/
