Madras High Court
The Branch Manager vs Gurunathan ...1St on 17 November, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.11.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD).No.558 of 2019
The Branch Manager,
The Oriental Insurance Company Limited,
No.3607/21, 2nd Floor,
Sathiyamoorthi Road,
Pudukkottai. ...Appellant/2nd Respondent
Vs.
1.Gurunathan ...1st Respondent/Petitioner
2.K.Arumugam
3.T.Senbagavalli ...R-2 & R-3/R-1 & R-3
[2nd and 3rd respondents remained exparte before the Lower Court]
4.The Divisional Manager,
The United India Insurance Company Limited,
Gandhiji Road, LIC Building,
Thanjavur. ...R-4/R-4
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, to set aside the decree and common Judgment passed in
M.C.O.P.No.1159 of 2017, dated 31.01.2019, on the file of the learned Motor
Accident Claims Tribunal cum I Additional District and Sessions Judge
[PCR], Thanjavur, Special District Judge, M.C.O.P. Tribunal (Full Additional
Charge).
https://www.mhc.tn.gov.in/judis
2
For Appellant :Mr.A.Ilango
For R-1 :Mr.S.Bharathi
For R-4 :Mr.J.S.Murali
For R-2 & R-3 :No Appearance
ORDER
This Civil Miscellaneous Appeal has been filed by the
appellant/insurance company to set aside the common order and decree,
dated 31.01.2019 in M.C.O.P.No.1159 of 2017 passed by the learned Motor
Accident Claims Tribunal cum I Additional District and Sessions Judge
[PCR], Thanjavur, Special District Judge, M.C.O.P. Tribunal (Full Additional
Charge).
2.It is a case of fatal accident, which took place on 10.04.2017, at
05.15 p.m., while the deceased Mahendran and some injured persons and the
claimant/1st respondent herein were travelled in the Swaraj Mazda van,
bearing Regn. No.TN-34-A-4569 belongs to the 3rd respondent's van. At that
time, near Gandarvakkottai, from the opposite direction, the driver of the
Tractor bearing Regn. No.TN-55-P-7635 belongs to the 2nd respondent herein
drove the vehicle in a rash and negligent manner and dashed against the 3 rd
respondent's van. Due to the said accident, five passengers travelled in the
van were died and some other were sustained injuries.
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3.The claimant has filed a petition in M.C.O.P. No.1159 of 2017 on the
file of the learned Motor Accident Claims Tribunal cum I Additional District
and Sessions Judge [PCR], Thanjavur, Special District Judge, M.C.O.P.
Tribunal (Full Additional Charge), seeking compensation.
4.Before the Tribunal, in the common order, on the side of the
claimants four witnesses were examined as P.Ws.1 to 4 and marked thirty
documents as Exs.P.1 to P.30 and R.W.1 was examined and Ex.R.1 was
marked.
5.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments of the counsel for the claimants and the
insurance company and also on appreciating the evidences on record, held
that the accident occurred only, due to the rash and negligent driving of the
driver of the 2nd and 3rd respondent vehicle. The negligence of the accident
on the part of the driver of the 2nd respondent herein is 90% and the
remaining 10% negligence is fixed against the driver of the 3rd respondent.
Hence, the appellant/insurance company is liable to pay 90% of
compensation and the 4th respondent herein/insurance company is liable to
pay 10% of compensation to the claimant. Aggrieved over the same, the
appellant/insurance company has filed this present appeal.
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6.Heard Mr.Mr.A.Ilango, learned counsel appearing for the appellant
and Mr.S.Bharathi, learned counsel appearing for the 1st respondent and
Mr.J.S.Murali, learned counsel appearing for 4th respondent.
7.The appellant/insurance company/R-2 has filed this Civil
Miscellaneous Appeal. The claimant/1st respondent herein has filed a claim
petition in M.C.O.P.No.1159 of 2017 for claiming compensation regarding
permanent disability of 64%.
8.The tribunal has considered the claimant's monthly income as
Rs.7,500/-with future prospectus 40% and awarded compensation of
Rs.14,51,520/-as loss of income. The tribunal has correctly fixed the monthly
income, since the age of the claimant is only 18 years at the time of accident.
9.The tribunal has awarded a sum of Rs.2 lakhs, towards attender
charges is very high. There is no document filed by the claimant to prove that
some attender is attending with him. So, it is reduced to Rs.1 lakh.
10.The tribunal has also granted a sum of Rs.1 lakh, towards loss of
amenities. Towards loss of (marital pleasure) expectation of life is
Rs.2 lakhs. For both the heads the Tribunal cannot award amount separately.
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So, loss of amenities is also deducted. There is no document was filed for
future medical expenses. So, Rs.2 lakhs for medical expenses is also reduced
Rs.1 lakh.
11.Accordingly, the claimant is entitled for compensation as follows:
S. Description Amount awarded by Award
confirmed /
No.
Tribunal this Court enhanced /
granted
1. Towards loss of future income Rs.14,51,520/- Rs.14,51,520/- confirmed
2. Towards loss of income during the Rs. 11,250/- Rs. 11,250/- Confirmed
period of treatment [45 days]
3. Towards Transportation Charges Rs. 25,000/- Rs. 25,000/- Confirmed
4. Towards Extra Nourishment Rs. 25,000/- Rs. 25,000/- Confirmed
charges
5. Towards attendar charges during Rs. 2,00,000/- Rs. 1,00,000/- Modified
treatment period.
6. Towards pain and suffering due to Rs. 2,00,000/- Rs. 2,00,000/- Confirmed
severe left thigh amputation
7. Towards loss of (marital pleasure) Rs. 2,00,000/- Rs. 2,00,000/- Confirmed
expectation of life.
8. Towards future medical expenses Rs. 2,00,000/- Rs. 1,00,000/- Modified
(Artificial hand)
Total Rs. 24,12,770/- Rs. 21,12,770/-
with interest at 7.5% p.a., as awarded by the Tribunal, from the date of claim
petition till the date of realization.
12.In view of the said modification, this Civil Miscellaneous Appeal is
partly allowed, and the award amount of Rs.24,12,770/-granted by the Motor
https://www.mhc.tn.gov.in/judis
Accident Claims Tribunal cum I Additional District and Sessions Judge
[PCR], Thanjavur, Special District Judge, M.C.O.P. Tribunal (Full Additional
Charge), is reduced to Rs.21,12,770/-. For other aspects, the order, dated
31.01.2019 in M.C.O.P.No.1159 of 2017 passed by the learned Motor
Accident Claims Tribunal cum I Additional District and Sessions Judge
[PCR], Thanjavur, Special District Judge, M.C.O.P. Tribunal (Full Additional
Charge), is confirmed. No costs.
Index :Yes/No 17.11.2021
Internet:Yes/No
ksa
Note:In view of the present lock down owing to COVID-19 pandemic, a web
copy of the order may be utilized for official purposes, but, ensuring that the
copy of the order that is presented is the correct copy, shall be the
responsibility of the Advocate/litigant concerned.
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To
The Motor Accident Claims Tribunal cum
I Additional District and Sessions Judge [PCR],
Thanjavur.
Special District Judge/M.C.O.P. Tribunal (Full Additional Charge).
https://www.mhc.tn.gov.in/judis
S.ANANTHI, J.
ksa
Order made in
C.M.A.(MD).No.558 of 2019
17.11.2021
https://www.mhc.tn.gov.in/judis
