Madras High Court
National Insurance Co. Ltd vs S.Kannan on 8 September, 2021
C.M.A.No.1498 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2021
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No.1498 of 2019 &
CMP.No.4202 of 2019
National Insurance Co. Ltd.,
3, Middleton Street,
Registered Office, Post Box No.9229,
Kolkatta – 700 071. ... Appellant
Vs
1.S.Kannan
2.B.Shyju
3.S.Subha ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act against the Award and decree dated 31.01.2013 made in
MCOP.No.877 of 2012 on the file of the Motor Accident Claims Tribunal,
Special Sub Judge, Coimbatore.
For Appellant : Mr.S.Arun Kumar
For Respondent 1 : Mr.I.Abrar Md Abdullah
1/8
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C.M.A.No.1498 of 2019
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the Appellant
Insurance Company challenging the impugned award dated 31.01.2013
passed by the Motor Accident Claims Tribunal (Special Sub Judge,
Coimbatore) in MCOP.No.877 of 2012.
2. The Appellant/Insurance Company has challenged the impugned
award only on the ground that the quantum of compensation awarded by the
Tribunal is excessive as according to them, the Tribunal has erroneously
adopted the multiplier method for the purpose of assessing the loss of
earning capacity to the first respondent/claimant. The Tribunal under the
impugned award directed the Appellant Insurance Company to pay the first
respondent/claimant a compensation of Rs.9,01,500/- as detailed hereunder:
Heads Award Amount
(Rs.)
Compensation for partial 2,63,500/-
permanent disability
Transport to hospital 10,000/-
Extra nourishment 10,000/-
Pain and suffering 30,000/-
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C.M.A.No.1498 of 2019
Heads Award Amount
(Rs.)
Medical expenses 5,88,000/-
Total 9,01,500/-
3. The first respondent/claimant was a student aged 21 years studying
diploma in Automobile Engineering (Final Year) at M/s.Suguna Polytechnic
College, Kalapatti, Coimbatore-14.
4. Before the Tribunal, the first respondent/claimant has filed 18
documents which were marked as Ex.P1 to Ex.P18 and two witnesses were
examined on his side namely, the first respondent/claimant himself as PW1
and the Doctor who examined him as PW2. On the side of the Insurance
company, six documents were filed which were marked as Ex.R1 to ExR6
and one witness was examined as RW1. To prove that the first
respondent/claimant was a student, he has filed two documents namely,
xerox copy of his transfer certificate which has been marked as Ex.P10 and
xerox copy of the course completion certificate which has been marked as
Ex.P11.
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C.M.A.No.1498 of 2019
5. The Tribunal has assessed the notional monthly income of the first
respondent/claimant at Rs.5,000/-. After giving due consideration to the year
of the accident which happened in the year 2011 and considering the fact
that the first respondent/claimant was a student undergoing a diploma
course in Automobile Engineering, this Court is of the considered view that
the said assessment is a correct assessment.
6. With regard to the contention raised by the Appellant Insurance
Company that the Tribunal ought not to have adopted the multiplier method
for assessing the loss of earning capacity to the first respondent/claimant is
concerned, this Court is of the considered view that the said contention has
to be necessarily rejected by this Court for the following reasons:
(a) As a result of an accident on 31.03.2011 caused by a vehicle
insured with the Appellant, the first respondent/claimant has sustained the
following injuries namely (a) Bifrontal compound/depressed/elevated
fracture, right frontal ICH dural and brain laceration; (b) Fracture left lateral
wall of orbit; (c) Bilateral displaced fracture of maxiler; and (d) Fracture left
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C.M.A.No.1498 of 2019
condyle of mandible. He has also underwent surgery for depressed/elevated
fracture excision laceration brain excision, fascia lata dura plasty-ICH-
Tapping scalp laceration and wound suturing, ORIF of fractured facial
bones TMF). Before the Tribunal, the first respondent/claimant has also filed
his discharge summary which has been marked as Ex.P8 with regard to the
period of his hospitalisation between 01.04.2011 and 21.04.2011. The
nature of injuries sustained by the first respondent/claimant as well as his
period of hospitalisation have also not been disputed by the
Appellant/Insurance Company as seen from the evidence available on
record. However, it is their contention that the nature of injuries referred to
supra will not affect the first respondent/claimant's earning capacity. Even
though the said contention may be found to be true, this Court after giving
due consideration to the total compensation awarded by the Tribunal to the
first respondent/claimant does not find any scope for reduction on the said
compensation amount.
7. The Tribunal has admittedly not awarded any compensation
towards attender charges, loss of amenities and future medical expenses
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C.M.A.No.1498 of 2019
which the first respondent/claimant is legally entitled to. In view of the same,
this Court does not find any scope for interference to the impugned award.
8. The Tribunal has rightly awarded pay and recovery rights to the
Appellant insurance company, based on the materials and evidence available
on record and the same is confirmed by this Court.
9. For the foregoing reasons, there is no merit in this appeal.
Accordingly, this civil miscellaneous appeal is dismissed by confirming the
award and pay and recovery rights granted by the Tribunal to the
Appellant/Insurance Company. The Appellant Insurance company is
directed to deposit the award amount, after deducting the amount already
deposited if any, together with interest from the date of claim till the date of
deposit and cost to the credit of MCOP.No.877 of 2012 within a period of
four weeks from the date of receipt of a copy of this Judgment. On such
deposit being made, the Tribunal shall transfer the amount lying to the
credit of MCOP.No.877 of 2012 to the bank account of the first
respondent/claimant through RTGS within a period of one week thereafter.
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C.M.A.No.1498 of 2019
No costs. Consequently, connected miscellaneous petition is closed.
08.09.2021
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Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
To
1. The Special Sub Judge, Coimbatore.
2.The Section Officer, V.R.Section, High Court of Madras.
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C.M.A.No.1498 of 2019
ABDUL QUDDHOSE, J.
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C.M.A.No.1498 of 2019
08.09.2021
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