The Oriental Insurance Company ... vs Ashok Kumar
2021 Latest Caselaw 21483 Mad

                                                                               C.M.A.No.1515 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 27.10.2021

                                                         CORAM:

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                                  C.M.A.No.1515 of 2021
                                                and C.M.P.No.7959 of 2021

                  The Oriental Insurance Company Limited,
                  Vellore.                                                  .. Appellant
                                                   Vs.

                  1. Ashok Kumar

                  2. D.Vinoth Kumar                                         .. Respondents


                  Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor

                  Vehicles Act, 1988 seeking to set aside the judgement and decree dated

                  21.06.2017, made in M.C.O.P.No.26 of 2011, on the file of the Motor

                  Accidents Claims Tribunal, Sub Court, Cheyyar.



                                     For Appellant          : Mr.K.Vinod

                                     For Respondent 1       : Mr.S.Makesh
                                                          -----




https://www.mhc.tn.gov.in/judis
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                                                                                C.M.A.No.1515 of 2021

                                                    JUDGMENT

(The case has been heard through video conference)

This appeal has been filed by the insurance company challenging the

impugned award dated 21.06.2017, passed by the Motor Accidents Claims

Tribunal, Sub Court, Cheyyar in M.C.O.P.No.26 of 2011.

2. The appellant insurance company has challenged the impugned

award questioning the quantum of compensation awarded by the Tribunal to

the first respondent / claimant. The details of compensation awarded by the

Tribunal are as follows:

                          Sl.No.                          Heads                Amount in Rs.
                             1.    Loss of earning capacity                           3,06,000
                             2.    Pain and sufferings                                  50,000
                             3.    Extra nourishment                                    10,000
                             4.    Transportation                                       10,000
                                   Total                                              3,76,000

3. The first respondent / claimant has sustained thigh fracture along

with subluxation and he was hospitalised for a long period as seen from the

discharge summary filed by the first respondent / claimant before the

Tribunal. The nature of injuries sustained by the first respondent / claimant

as well as the period of hospitalization has not been disputed by the https://www.mhc.tn.gov.in/judis

C.M.A.No.1515 of 2021

appellant/insurance company before the Tribunal. The Medical Board has

assessed the disability of the first respondent / claimant at 20% which has

been accepted by the Tribunal. The Tribunal has adopted multiplier method

for assessing the loss of earning capacity of the first respondent / claimant.

The first respondent / claimant was a cleaner in a container lorry, aged 20

years at the time of the accident. The Tribunal has fixed the notional

monthly income of the first respondent / claimant at Rs.7,500/- which in the

considered view of this Court is a correct assessment since the accident

happened on 29.05.2010. The Tribunal has awarded compensation of

Rs.3,06,000/- towards loss of earning capacity of the first

respondent/claimant by adopting correct multiplier of 17 and by taking into

consideration 20% disability as assessed by the Medical Board. This Court

is of the considered view that the assessment made by the Tribunal towards

loss of earning capacity of the first respondent / claimant at Rs.3,06,000/- is

a correct assessment and cannot be considered to be excessive as alleged by

the appellant / insurance company.

4. The Tribunal has awarded compensation of Rs.50,000/- towards

pain and sufferings, Rs.10,000/- towards transportation and Rs.10,000/-

towards extra nourishment, which in the considered view of this Court is a https://www.mhc.tn.gov.in/judis

C.M.A.No.1515 of 2021

correct assessment and it cannot be considered to be excessive as alleged by

the appellant / insurance company. The total compensation of Rs.3,76,000/-

awarded by the Tribunal to the first respondent / claimant cannot be

considered to be excessive as alleged by the appellant insurance company

and the same is confirmed.

5. For the foregoing reasons, there is no merit in this appeal and

accordingly this appeal is dismissed. The appellant / insurance company is

directed to deposit the award amount along with interest and costs, less the

amount already deposited, if any, within a period of four weeks from the date

of receipt of a copy of this judgment to the credit of M.C.O.P.No.26 of 2011,

on the file of the Motor Accidents Claims Tribunal, Sub Court, Cheyyar. On

such deposit of the compensation amount, the first respondent / claimant is

permitted to withdraw the award amount along with interest and costs, less

the amount, if any, already withdrawn by making necessary application

before the Tribunal. Consequently, the connected miscellaneous petition is

closed. No costs.

27.10.2021 Index : Yes / No kk

https://www.mhc.tn.gov.in/judis

C.M.A.No.1515 of 2021

To

1. The Motor Accidents Claims Tribunal, Sub Court, Cheyyar.

2. The Section Officer, VR Section, High Court, Madras.

https://www.mhc.tn.gov.in/judis

C.M.A.No.1515 of 2021

ABDUL QUDDHOSE, J.

kk

C.M.A.No.1515 of 2021 and C.M.P.No.7959 of 2021

27.10.2021

https://www.mhc.tn.gov.in/judis