Madras High Court
Mani vs Lawrance on 25 November, 2021
CMA.No.1070 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
CMA.No.1070 of 2020
Mani ...Appellant
Vs.
1.Lawrance
2.The National Insurance Co. Ltd.,
DO X, Hero Honda Vertical, 101 – 106,
BMC House, New Delhi.
Branch at 2nd Floor, 81-D, Chetty Street,
Opp: Bus Stand, Tiruchengode, Namakkal District. ..Respondents
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor
Vehicles Act, against the judgment and decree in MCOP.No.132 of 2016
dated 12.12.2019 on the file of the Motor Accident Claims Tribunal / Sub-
ordinate Judge Court, Tiruchengode.
For Appellant : Mr.T.S.Arthanareeswaran
For Respondents : Mrs.N.B.Surekha,
Mr.M.B.Chaittanya for R2
1/8
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CMA.No.1070 of 2020
JUDGMENT
The claimant, who had suffered injuries in a motor accident that
occurred on 25.03.2016 and was favoured with an award for compensation
of Rs.71,600/-, seeks enhancement.
2.It is stated that the claimant suffered grevious injuries in the foot
and was disabled for quite some time. He was also an inpatient for nearly
three days. The claimant assessed the compensation at Rs.15,00,000/-. It is
seen that the owner of the offending vehicle remained exparte.
3.The claim was resisted by the Insurance Company contending
that the claimant had contributed to the accident and the quantum of
compensation claimed is on the higher side. The Medical Board assessed
the disability at 5%. The Tribunal, on a consideration of the evidence on
record concluded that the claimant would have contributed to the accident
and fixed his contribution at 25%. The Tribunal granted compensation
under the following heads:-
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CMA.No.1070 of 2020
Heads Amount in
Rs.
Permanent Disability Rs.15,000/-
Pain and suffering Rs.15,000/-
Extra Nourishment and Loss of Articles Rs.5,000/-
Attendant Charges Rs.4,000/-
Medical Expenses (Based on Bills) Rs.39,450/-
Transportation Charges Rs.5,000/-
Loss of Income (for a period of 2 months) Rs.12,000/-
Total Rs.95,450/-
Since the Tribunal has found that the claimant had contributed to the
accident and his contribution was fixed at 25%, the Tribunal deducted
Rs.23,850/- and arrived at a total figure of Rs.71,587/- and the same was
rounded off to Rs.71,600/-.
4.Heard Mr.T.S.Arthanareeswaran, learned counsel appearing for
the appellant and Mrs.N.B.Sureskha, learned counsel appearing for the 2nd
respondent / Insurance Company.
5.Mr.T.S.Arthanareeswaran, learned counsel appearing for the
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CMA.No.1070 of 2020
Appellant would vehemently contend that the Tribunal erred in helding that
the claimant has contributed to the accident in the absence of any evidence
on the side of the Insurance Company. He would point out that the FIR was
filed against the driver of the offending vehicle namely, another two wheeler
bearing registration No.TN-29-AT-7966 insured with the 1st respondent
Insurance Company and contend that the Tribunal was not right in
concluding that the claimant would have contributed to the accident. He
would also point out that the amount of award towards permanent disabiity
was at Rs.3,000/- per percentage whereas, it should have been granted at
Rs.4,000/- as per the judgment of this Court in M.Chinnathambi Vs.
S.Deepa and another reported in 2020 (1) TN MAC 617.
6.Contending contra, Mrs.N.B.Surekha, learned counsel appearing
for the Insurance Company would submit that the Tribunal has taken into
account the manner, in which, the accident has occurred and has concluded
that the claimant has contributed to the accident. She would also point out
that the Tribunal has awarded reasonable amounts under various heads and
therefore, there is no scope for enhancement of award amount. I have
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CMA.No.1070 of 2020
considered the rival submissions.
7.The First Information Report was lodged against the driver of
the two wheeler bearing Registration No.TN-29-AT-7966. He was also
prosecuted and punished. The Insurance Company had not taken any steps
to let in evidence to show that the claimant had contributed to the accident.
A perusal of the award of the Tribunal would show that the Tribunal has
concluded that the claimant has contributed to the accident. In the absence
of any evidence on the question of contributory negligence, the Tribunal
cannot term the claimant, who had also driven a two wheeler was neligent
and fixed the contribution at 25%. I therefore, have no hesitation in setting
aside the said finding of the Tribunal that the claimant would have
contributed to the accident. Therfore, the deduction of 25% from the award
amount is also set aside. As regards the compensation for permanent
disability, as rightly pointed out by the learned counsel for the Appellant,
this Court had awarded Rs.4,000/- per percentage on disability in
M.Chinnathambi Vs. S.Deepa and another reported in 2020 (1) TN
MAC 617.
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CMA.No.1070 of 2020
8.In view of the same, award under the head of permanent
disability is enhanced to Rs.20,000/- from Rs.15,000/- and the deduction of
Rs.23,850/- made towards contributory negligence is also set aside. In all
other aspects, the award of the Tribunal is confirmed. Thus, the claimant
would be entitled to a sum of Rs.1,00,450/- as compensation and the same is
rounded of to Rs.1,00,000/-. The Tribunal has given liberty to the Insurance
Company to recover the compensation from the 1st respondent. The same is
sustained. The Insurance Company would be entitled to recover the
enhanced compensation also from the 1st respondent.
8.In fine, this appeal is partly allowed. No costs.
25.11.2021
kkn
Index:No
Internet:Yes
Speaking
https://www.mhc.tn.gov.in/judis
CMA.No.1070 of 2020
To:-
1.The Motor Accident Claims Tribunal,
Sub-ordinate Court, Tiruchengode.
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CMA.No.1070 of 2020
R.SUBRAMANIAN, J.
KKN
CMA.No.1070 of 2020
25.11.2021
https://www.mhc.tn.gov.in/judis
