Madras High Court
The Branch Manager vs M.Pandi : 1St on 3 March, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :03.03.2021
CORAM:
THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI
C.M.A(MD)No.437 of 2013
and
MP(MD)No.1 of 2013
The Branch Manager,
The United India Insurance Company Limited,
7A, West Veli Street, II Floor,
Madurai-1. : Appellant/2nd Respondent
Vs.
1.M.Pandi : 1st Respondent/Petitioner
2.V.Palanivel : 2nd Respondent/R1
PRAYER: Civil Miscellaneous Appeal has been filed under
Section 173 of Motor Vehicles Act against the award, dated
01.06.2011 made in MCOP No.728 of 2006 on the file of Motor
Accident Claims Tribunal (III Additional Sub Court), Madurai.
For Appellant : Mr.I.Robert Chandrakumar
for Mr.G.Prabhu Rajadurai
For 1st Respondent : Mr.C.Godwin
For 2nd Respondent : Dismissed
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2
JUDGMENT
Challenge made in this appeal is to the award passed by the
Motor Accident Claims Tribunal (III Additional Sub Court),
Madurai, in MCOP No.728 of 2006, dated 01.06.2011.
2.The brief facts of the case are that on 16.10.2005 at about
18.30 hours, near Raja Petrol Bunk on K.Pudur-Thirupuvanam
Road, while the claimant was travelling as a pillion rider in the
motor cycle TN-59-J-4775, it was hit by the another motor cycle
TN-59-U-0054. In that process, the claimant had sustained injuries.
The injured claimant filed a claim petition seeking compensation of
Rs.10,00,000/- on the ground that the rider of the offending vehicle
was responsible for the accident.
3.The claimant has stated that at the time of the accident, his
age was 50 and he was doing Real Estate business and was
earning Rs.10,000/- per month. A criminal case in Crime No.1244
of 2005 was registered against the rider of the offending vehicle by
Karupayurani Police.
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4.The claim was opposed by the appellant Insurance
Company disputing the manner of accident and their liability to pay
compensation.
5.The Tribunal, upon consideration of oral and documentary
evidence, came to the conclusion that the rider of the offending
vehicle was responsible for the accident and awarded
compensation of Rs.9,46,875/- with interest @ 7.5 % p.a. Aggrieved
by the award of the tribunal, the appellant Insurance Company is
before this court.
6.Heard both sides and perused the materials available on
record.
7.Even though, so many grounds were raised in the grounds
of appeal, it is mainly contended by the learned counsel appearing
for the appellant that the quantum of award is on the higher side,
so the quantum is to be reduced. On the other hand, the learned
counsel for the 1st respondent/claimant submitted that the award is
reasonable, which does not warrant any interference of this court.
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8.It is seen from the records that at the time of accident, the
offending vehicle was insured with the appellant Insurance
Company and it has full coverage. Hence, the Appellant Insurance
Company as well as the owner of the offending vehicle are jointly
and severely liable to pay the compensation. PW1 is the injured as
well as the eye witness to the accident. A criminal case was
registered against the rider of the offending vehicle. Ex.P1 FIR
stands registered based on the complaint given by PW1. Ex.P2
charge sheet would show that after investigation, the police filed a
final report against the rider of the offending vehicle. PW1 has
given evidence stating that due to the accident, he sustained
permanent disability. Ex.P12 is the Disability Certificate. Ex.P4 is
the Wound Certificate. Ex.P13 is the Scan report.
9.PW5 Dr.Athiappan has deposed that he examined the
claimant and found that the claimant had sustained 37% partial
permanent disability. He further opined that the claimant sustained
wound in the brain and his hand is severed and he could not able to
speak and cannot walk without the help of others and unable to eat
and doing his ordinary pursuit without help of the others. The
claimant is doing Real Estate business and hence, the tribunal has
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fixed his monthly income as Rs.5,000/-. Based on the evidence, the
Tribunal has come to the conclusion that the claimant has suffered
37% partial permanent disability and by calculating the monthly
income of the claimant at 5,000/-, awarded Rs.2,44,200/- under
the head of loss of earning. Further, the Tribunal awarded Rs.
6,72,175/- towards medical bills as per Exs.P6 and P8; Rs.15,000/-
towards pain and sufferings; Rs.15,000/- for extra nourishment and
Rs.500/- for transport to hospital. In total, the tribunal has awarded
Rs.9,46,875/- together with interest @ 7.5.% p.a. In the considered
view of this court, the award is fair and reasonable and therefore, it
is confirmed.
10.In the result, the Civil Miscellaneous Appeal is dismissed,
confirming the award of the tribunal. No costs. Consequently,
connected Miscellaneous Petition is closed.
.
03.03.2021
Index:Yes/No
Internet:Yes/No
er
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T.KRISHNAVALLI.J.,
er
To
1.The Motor Accidents Claims Tribunal/
III Additional Sub Court, Madurai.
2.The Record Keeper,
V.R Section,
Madurai Bench of Madras High Court,
Madurai.
C.M.A(MD)No.437 of 2013
03.03.2021
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