Madras High Court
United India Insurance Co. Ltd vs R. Krishnakumar on 22 September, 2021
CMA.No.2121 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.09.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.2121 of 2021
and
C.M.P. No.11668 of 2021
United India Insurance Co. Ltd.
Branch Office - III
137-D, Cherry Road, Salem
...Appellant
vs.
1. R. Krishnakumar
2. P. Moorthi
3. P. Ramasamy
4. The Managing Director
Tamil Nadu State Transport Corporation
Chennai. ...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the Judgment and Decree dated 21.09.2016
made in MCOP No.1387 of 2012 on the file of MACT (Spl. Sub-Judge)
at Coimbatore.
For Appellant : Ms. I. Malar
For Respondents : Mr. C. Ramaraj for R1
R2 - No Appearance
R3- Not ready in notice
Mr. K. Kathiresan for R4.
http://www.judis.nic.in
1/6
CMA.No.2121 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the Appellant
Insurance Company challenging the award dated 17.04.2017 passed by
the Motor Accident Claims Tribunal (Special Sub Judge, Coimbatore) in
MCOP.No.1387 of 2012.
2. Learned Counsel for the Appellant Insurance Company would
submit that subsequent to the passing of the impugned award, the 1st
respondent/ claimant has withdrawn the entire award amount deposited
by the Appellant Insurance Company before the Tribunal.
3. Even on merits, this Court does not find any ground for
interference as against the impugned award.
4. The compensation awarded by the Tribunal under the impugned
award to the 1st respondent/claimant is for a sum of Rs.3,00,000/- as
detailed hereunder:
Heads Amount Awarded by
Tribunal (in Rs.)
Disability 33% x 2500 82,500/-
Medical Bills 1,70,000/-
http://www.judis.nic.in
CMA.No.2121 of 2021
Heads Amount Awarded by
Tribunal (in Rs.)
Pain & Suffering 25,000/-
Transport 10,000/-
Nutrition 10,000/-
Cloth Damage 2,000/-
Total 2,99,500/-
Rounded off 3,00,000/-
5. Before the Tribunal, the 1st respondent/ claimant has filed 13
documents which were marked as Ex. P1 to P13 and 3 witnesses were
examined on his side namely PW1 to PW3. However, on the side of the
Appellant Insurance Company neither any document was filed nor any
witness examined before the Tribunal.
6. Insofar as the negligence issue is concerned, which has been
raised by the Appellant Insurance Company in this Appeal, the Appellant
Insurance Company has not produced any evidence before the Tribunal
to show that the 1st respondent/ claimant was responsible for the cause of
the accident and therefore, this Court is of the considered view that the
Tribunal has rightly rejected the said contention under the impugned
award.
7. Insofar as the quantum of compensation awarded by the
http://www.judis.nic.in
CMA.No.2121 of 2021
Tribunal is concerned, this Court of the considered view that the overall
compensation of Rs.3,00,000/- awarded by the Tribunal to the first
respondent/claimant cannot be considered to be excessive as alleged by
the Appellant Insurance Company as the 1st respondent/ claimant was a
driver of Tamil Nadu State Express Transport Corporation, Chennai and
the injuries sustained by him as a result of an accident as mentioned in
the impugned award will clearly reveal that he is entitled for the
determined compensation.
8. For the foregoing reasons, there is no merit in this Appeal and
accordingly, this Appeal is dismissed. No costs. Consequently, connected
miscellaneous petition is closed.
22.09.2021
ab/nl
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
http://www.judis.nic.in
CMA.No.2121 of 2021
To
1.The Motor Accident Claims Tribunal,
Spl. Sub-Judge,
Coimbatore.
2.The Record Section,
High Court of Madras.
ABDUL QUDDHOSE, J.
http://www.judis.nic.in
CMA.No.2121 of 2021
ab
C.M.A.No.2121 of 2021
and
C.M.P. No.11668 of 2021
22.09.2021
http://www.judis.nic.in
