Madras High Court
M/S.United India Insurance Co. ... vs A.Ansari on 2 September, 2021
C.M.A. No.3167 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2021
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
C.M.A. No.3167 of 2013
and MP.No.1 of 2013
M/s.United India Insurance Co. Ltd.,
Motor Third Party Cell,
Regional Office,
No.134, Greams Road,
Chennai 600 006. ...appellant
Vs.
1. A.Ansari
2. R.Suresh ...respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicle Act, 1988 against the judgment and decree in MCOP.No.4905 of
2010, dated 09.01.2013 on the file of the Motor Accidents Claims Tribunal,
VI Court of Small Causes, Chennai.
For Appellant : Mr.M.B.Raghavan
For Respondents
for R1 : Mr.Varadha Kamaraj
for Mr.K.Sivakumar
for R2 : Set ex-parte before the Tribunal
https://www.mhc.tn.gov.in/judis/
Page No.1/7
C.M.A. No.3167 of 2013
JUDGMENT
[Judgment of the Court was delivered V.SIVAGNANAM, J]
The appeal is heard through video conferencing.
2. Challenging the award passed by the Motor Accidents Claims
Tribunal, VI Court of Small Causes, Chennai in MCOP.No.4905 of 2010,
dated 09.01.2013, the present appeal has been filed by the Insurance
Company.
3. It is the case of the first respondent/claimant that on 06.02.2010 at
about 2.30 hours, the claimant was riding as a pillion rider in the motorcycle
bearing Registration No.TN-20-AW-8166 on GNT Road. When the
motorcycle was nearing Moolakadi, a Lorry bearing Registration
No.TN-28-Y-2359 belonging to the second respondent, driven by its driver in
a rash and negligent manner, dashed against the motorcycle. Due to the
impact, the claimant sustained grievous injuries. Hence, the injured laid a
claim petition, claiming a sum of Rs.30,00,000/- as compensation.
4. Resisting the claim petition, the Insurance Company filed their
counter statement disputing the manner of the accident, age, avocation and
income of the deceased and its liability to pay the compensation.
https://www.mhc.tn.gov.in/judis/
Page No.2/7
C.M.A. No.3167 of 2013
5. To substantiate the case, on the side of the claimant, PW1 to PW3
were examined and Exs.P1 to P11 were marked. On the side of the Insurance
Company, neither any oral evidence was let in, nor any document was
marked.
6. The Tribunal, after considering the oral and documentary evidence
held that the accident had occurred due to the negligence of the driver of the
said Lorry and awarded a compensation of Rs.23,66,000/- along with interest
at the rate of 7.5% p.a. Assailing the award, the Insurance Company has filed
the present appeal.
7. It is the submission of the learned counsel for the appellant /
Insurance Company that the Tribunal fixed an exorbitant sum of Rs.15,000/-
as monthly income of the deceased without any valid proof and also awarded
excessive amounts under different heads. Resultantly, the sum of
Rs.23,66,000/- was awarded as compensation to the claimant, which is on the
higher side and the same needs proper reduction.
8. Per contra, the learned counsel for the first respondent/claimant
made his submissions supporting the award passed by the Tribunal and
prayed to dismiss the appeal.
https://www.mhc.tn.gov.in/judis/
Page No.3/7
C.M.A. No.3167 of 2013
9. On a perusal of records, it is seen that, in the accident, the claimant's
right hand above the elbow, was amputated, hence, the claimant could not
continue his avocation as before. Therefore, the Tribunal by relying upon
Ex.P10 Disability Certificate, rightly fixed the disability of the claimant at
80%. Further, as alleged by the Insurance Company, considering the cost of
living prevalent at the time of the accident, this Court is of the view that the
sum of Rs.15,000/- fixed as monthly income of the deceased is on the higher
side, hence, the same is reduced to Rs.12,000/-. So, the Loss of Future
Earning Power comes to Rs.16,12,800/- [12,000 x 12 x 14 x 80% ]. The Loss
of Income for 4 months comes to Rs.48,000/- [12,000 x 4].
10. In addition to that, this Court is inclined to confirm the award
passed by the Tribunal under the conventional heads, viz., Rs.10,000/-
towards transportation; Rs.10,000/- towards Extra Nourishment; Rs.10,000/-
towards Medical Expenses; Rs.10,000/- towards Attender Charges;
Rs.1,00,000/- towards Loss of Amenities; Rs.50,000/- towards Pain and
Sufferings; In total, the claimant is entitled to Rs.19,50,800/- along with
interest at the rate of 7.5% per annum from the date of claim petition till the
date of realization.
https://www.mhc.tn.gov.in/judis/
Page No.4/7
C.M.A. No.3167 of 2013
11. Thus, the total compensation payable to the claimants is re-
calculated and tabulated below:
S. Heads under which amounts Amount awarded Amount awarded
No. are awarded by the Tribunal by the Tribunal in by this Court in
Rs. Rs.
1. Loss of Future Earning Power 20,16,000 16,12,800
2. Loss of Income for 4 months 60,000 48,000
3. Transportation 10,000 10,000
4. Extra Nourishment 10,000 10,000
5. Medical Expenses 10,000 10,000
6. Attender Charges 10,000 10,000
7. Loss of Amenities 1,00,000 1,00,000
8. Pain and Sufferings 50,000 50,000
9. Towards Permanent Disability 1,00,000 1,00,000
Total Compensation 23,66,000 19,50,800
12. At this juncture, it is represented by the learned counsel for the
appellant/Insurance Company that the entire compensation amount awarded
by the Tribunal along with interest, had already been deposited to the credit
of the claim petition. Since this Court now reduced the compensation amount,
the excess amount deposited by the Insurance Company, is ordered to be
returned to them.
13. In view of the above modifications, the Civil Miscellaneous Appeal
is partly allowed. The claimant is permitted to withdraw the modified award
https://www.mhc.tn.gov.in/judis/
Page No.5/7
C.M.A. No.3167 of 2013
amount, less the amount already withdrawn, if any, together with
proportionate interest and costs. The Insurance Company is permitted to
withdraw the excess amount, if any paid by them. No costs. Consequently,
connected Miscellaneous Petition is closed.
[M.K.K.S, J] [V.S.G., J]
02.09.2021
Index : Yes / No
Speaking order: Yes/No
pvs
To
1. The Motor Accidents Claims Tribunal,
VI Court of Small Causes, Chennai
2. The Section Officer,
V.R.Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis/
Page No.6/7
C.M.A. No.3167 of 2013
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
pvs
C.M.A. No.3167 of 2013
02.09.2021
https://www.mhc.tn.gov.in/judis/
Page No.7/7
