Madras High Court
The National Insurance Company ... vs Tamil Selvan on 4 April, 2022
Review Application No.117 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.04.2022
CORAM
THE HONOURABLE MRS. JUSTICE R. HEMALATHA
Review Application No. 117 of 2019
in
C.M.A. No.31 of 2006
The National Insurance Company Limited
Divisional Office,
66, Perundurai Road,
Erode 638 011 ... Petitioner
Vs.
1. Tamil Selvan
2. S. Thirumalai Rajan ... Respondents
Prayer: Review Application filed under Order 47 Rule 1 and 2 r/w
Section 114 CPC against the decree and judgment passed by this Hon'ble
Court in C.M.A. No.31 of 2006 dated 22.11.2018 against the judgment
and decree passed in M.C.O.P. No.515 of 2003 ated 06.10.2004 on the
file of the Motor Accident Claim Tribunal (I Additional Subordinate
Judge), Erode.
For Petitioner : Ms. N.B. Surekha
For Respondents : Ms. J. Prithvi
ORDER
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Review Application No.117 of 2019
The present Review Application has been filed by the National
Insurance Co. Ltd., Erode (respondent in CMA No.31/2006 on the file of
this Court).
2. The claimant (first respondent herein) sustained injuries in a
road accident on 01.01.2003 and lost his left eye. The doctors had
assessed his disability as 65%. Not being satisfied with the award
amount of Rs.1,55,000/- passed by the Tribunal, the claimant filed the
appeal in CMA No.31/2006 before this Court. This Court, on
22.11.2018, enhanced the award amount to Rs.15,34,800/-.
3. Ms. N.B. Surekha, learned counsel for the petitioner
contended that while calculating the permanent disability, this Court,
without taking into account 65% disability assessed by the doctors, had
wrongly awarded a sum of Rs.13,60,800/- and that even according to the
petitioner, he was earning a sum of Rs.2,500/- per month.
4. Ms.J. Prithvi, learned counsel for the respondent fairly
https://www.mhc.tn.gov.in/judis
Review Application No.117 of 2019
conceded that there is an error while calculating the award amount by this
Court. In the circumstances, the monthly income of the victim is fixed at
Rs.2,500/- and since the claimant had lost his left eye, multiplier method
is adopted. The age of the claimant is 22 years on the date of accident
and therefore, the proper multiplier to be adopted in the instant case is
Calculation:
Notional Income = Rs.2,500/-
40% Future Prospects = Rs.1,000/-
Total = Rs.2,500/- + Rs,1,000/- = Rs.3,500/-
Multiplier Method:
= Rs.3,500/- * 12 * Multiplier 18 * 65%
= Rs.4,91,400/-
5. Since there is an apparent error on the face of the record, a
sum of Rs.6,95,400/- is awarded as compensation to the claimant as
detailed hereunder.
https://www.mhc.tn.gov.in/judis
Review Application No.117 of 2019
S. Nos Heads Amount granted
(Rs.)
1. Loss of Income 9,000/-
2. Transport Expenses 10,000/-
3. Medical expenses 45,000/-
4. Pain and sufferings 1,00,000/-
5. Permanent disability 4,91,400/-
(2500+40%x18x12x65%)
6. Extra nourishment 20,000/-
7. Attender charges 20,000/-
Total 6,95,400/-
6. Counsel for the respondent in the Review Application
contended that she has already paid the court fee for the enhanced
compensation amount in CMA No.31 of 2006 and the same may be
returned to her.
7. In view of the above, this Review Application is disposed of
with the following directions. No costs.
1) A sum of Rs.6,95,400/- is awarded to the respondent/claimant as
compensation together with interest at 7.5% per annum from the
date of filing of the claim petition till the date of deposit.
https://www.mhc.tn.gov.in/judis
Review Application No.117 of 2019
2) The National Insurance Company, namely, the review applicant is
directed to deposit the modified compensation amount now
determined by this Court along with interest to the credit of
M.C.O.P. No.515 of 2003 on the file of the I Additional Sub Judge
(Motor Vehicle Accident Claims Tribunal, Erode), within a period
of four weeks from the date of receipt of a copy of this order. The
Review Applicant/Insurance Company is permitted to withdraw the
excess amount, if any lying in the deposit to the credit of M.C.O.P.
No.515 of 2003 on the file of the I Additional Sub Judge (Motor
Vehicle Accident Claims Tribunal, Erode) if the entire award
amount in CMA No.31 of 2006 has already been deposited by
them.
3) On such deposit, the respondent/claimant is permitted to withdraw
the modified award amount along with interest and costs, less the
amount if any, already withdrawn.
https://www.mhc.tn.gov.in/judis
Review Application No.117 of 2019
4) Registry is directed to retain the court fee proportionate to the
award amount of Rs.6,95,400/- and return the balance amount to
the respondent/claimant herein.
04.04.2022
Index: Yes/No
Internet: Yes/No
Speaking/Non-Speaking order
bga
https://www.mhc.tn.gov.in/judis
Review Application No.117 of 2019
R. HEMALATHA,J.
bga
Review Application No. 117 of 2019
in
C.M.A. No.31 of 2006
04.04.2022
https://www.mhc.tn.gov.in/judis
