Madras High Court
United India Insurance Company ... vs M.A.Hari Vikensh on 26 April, 2022
C.M.A.No.1965 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.1965 of 2021
United India Insurance Company Ltd.,
7A, Pandiyan Building, West Veli Street,
Madurai – 625 001. ... Appellant
Vs.
1.M.A.Hari Vikensh
2.A.Sakthivel ... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 against the award and decree dated 26.06.2020 made in MCOP
No.2362 of 2016 on the file of the Motor Accidents Claims Tribunal (Special
Sub-Court No.1), Salem.
For Appellant : Mr.D.Bhaskaran
For Respondents : Mr.S.Sivakumar (for R1)
R-2 No Such Addressee
1/9
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C.M.A.No.1965 of 2021
JUDGMENT
[Judgment of the Court was delivered by K.KALYANASUNDARAM, J.]
As against the award passed in MCOP No.2362 of 2016 dated 26.06.2020,
by the Motor Accident Claims Tribunal, (Special Sub-Court No.1), Salem, this
appeal has been filed by the Insurance Company.
2.Facts in nutshell:-
This is the case of injury. On 24.06.2016, the claimant in order to attend
his classes at Vellammal Medical College, Madurai, travelled in a private bus
bearing Reg.No.TN-58-AK-1131 at Pandikovil Ring Road Bus Stop, which was
coming from Mattuthavani Bus stand and proceeding towards Virudhunagar.
When the bus was nearing Vellammal Hospital Bus Stop, at about 07.45 a.m, the
claimant got up from his seat and moved and stood near the stair case of the bus.
The bus driver drove the bus in a rash and negligent manner and turned the bus
near Vellammal Hospital Canteen. In the impact, the deceased was thrown out
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C.M.A.No.1965 of 2021
from the bus and sustained grievous and multiple injuries all over the body. Due
to the above said incident, the claimant was unconscious. Immediately, he was
taken to Vellammal Medical College Hospital, where he was treated in ICU under
ventilator support and treated as inpatient for more than 48 days. At that time,
surgeries were conducted. Thereafter, he has taken treatment at SIMS Hospital,
Salem, Aravind Eye Hospital, Madurai and Vellammal Speciality Hospital as
inpatient. Due to the accident, his study was affected and he could not complete
his M.B.B.S Course. Since the accident had occurred only due to the rash and
negligent driving of the driver of the second respondent bus, he filed the claim
petition before the Tribunal seeking compensation of Rs.1,00,00,000/-.
3.The appellant Insurance Company filed their counter disputing the
manner of accident, age, avocation, qualification and income of the injured
claimant and its liability to pay the compensation. It was also contended that the
claim is excessive.
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C.M.A.No.1965 of 2021
4.To substantiate the case, on the side of the claimant, he examined himself
as P.W.1 and Exs.P.1 to Ex.P.28 and Ex.C.1 were marked. On the side of the
appellant/Insurance Company, no witness was examined and no document was
marked.
5.The Triunal, after considering the oral and documentary evidence, held
that the driver of the bus was responsible for the accident and awarded
compensation of Rs.57,67,076/- to the claimant along with interest at the rate of
7.5% per annum. Assailing the award, the appellant/Insurance Company has filed
the present appeal challenging the negligence and quantum.
6.The learned counsel for the appellant/Insurance Company
Mr.D.Bhaskaran, has contended that at the time of accident, the claimant travelled
foot board, however, the Tribunal without considering the same, fixed the entire
negligence upon the driver of the bus. He has further contended that though the
Tribunal has awarded Rs.30,24,000/- towards loss of future income by applying
multiplier method, has awarded Rs.1,80,000/- under the head of permanent
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C.M.A.No.1965 of 2021
disability by applying percentage method. The amount awarded under the
remaining heads are also on the higher side. Hence, the amount awarded under
the various heads has to be reduced.
7.Per contra, the learned counsel appearing for the first
respondent/claimant Mr.S.Sivakumar, argued that the impugned Award and
Decree awarding the aforesaid compensation is well reasoned and it requires no
interference and therefore, this Civil Miscellaneous Appeal is liable to be
dismissed.
8.This Court carefully considered the submissions of the learned counsel
for the appellant/Insurance Company and the learned counsel appearing for the
first respondent/claimant and perused the materials available on record.
9.In the matter on hand, perusal of the impugned award would show that
the Tribunal has awarded Rs.30,24,000/- towards loss of future income by
applying multiplier method. Apart from this, Rs.1,80,000/- has been awarded
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C.M.A.No.1965 of 2021
towards permanent disability by applying percentage method, which is contrary to
the decision of the Apex Court. Hence, the amount of Rs.1,80,000/- awarded
under the head of permanent disability is set aside.
10.A perusal of the First Information Report (Ex.P.1) would show that the
father of the claimant gave complaint, wherein it has been stated that his son, the
injured claimant was travelling in Foot board at the time of accident. Hence, we
fix the negligence upon the claimant at 10%. Though the learned counsel
appearing for the appellant/Insurance Company has contended the amount
awarded in the remaining heads are on the higher side, we are of the view that the
amount awarded towards Transportation and Attender Charges are meagre.
Hence, amount of Rs.25,000/- awarded towards Transportation is enhanced to
Rs.50,000/- and Rs.30,000/- towards Attender Charges is enhanced to
Rs.1,00,000/-. Considering the nature of injuries, period of treatment and the
qualification of the claimant, the amount awarded under the remaining heads are
confirmed. The rate of interest fixed by the Tribunal as 7.5% per annum is also
confirmed.
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C.M.A.No.1965 of 2021
11.Accordingly, the compensation awarded by the Tribunal to the claimant
is re-quantified as follows:-
Heads Amount awarded Re-quantified Status
by the Tribunal Amount by this
Court
Pain and Sufferings 1,00,000/- 1,00,000/- confirmed
Medical Expenses 21,07,076/- 21,07,076/- confirmed
Transportation 25,000/- 50,000/- enhanced
For Extra Nourishment 50,000/- 50,000/- confirmed
For Attender Charges 30,000/- 1,00,000/- enhanced
Damage to cloth 1,000/- 1,000/- confirmed
Loss of Amenities 50,000/- 50,000/- confirmed
Loss of Future Income 30,24,000/- 30,24,000/- confirmed
For Permanent Disability 1,80,000/- Nil set aside
Loss of Marriage Prospects 2,00,000/- 2,00,000/- confirmed
Total 57,67,076/- 56,82,076/- Reduced
Rounded off 56,82,000/-
Deduction for 10%
5,68,200/-
contributory negligence
Total Compensation 51,13,800/-
12. In such view of the matter, this Civil Miscellaneous Appeal is party
allowed. The award amount of Rs.57,67,076/- is reduced to Rs.51,13,800/-. The
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C.M.A.No.1965 of 2021
appellant/Insurance Company is directed to deposit the modified award amount of
Rs.51,13,800/- with accrued interest and costs, less the amount already deposited,
if any, within a period of eight weeks from the date of receipt of a copy of this
Judgment. On such deposit, the claimant is permitted to withdraw the modified
award amount along with proportionate interest and costs, less the amount if
already withdrawn. No costs.
[M.K.K.S.,J.] [V.S.G.,J.]
26.04.2022
Intex : Yes/No
Internet : Yes/No
skn
To
1.The Motor Accidents Claims Tribunal
(Special Sub-Court No.1), Salem.
2.The Section Officer,
V.R.Section,
Madras High Court,
Chennai.
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C.M.A.No.1965 of 2021
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
JUDGMENT MADE IN
C.M.A.No.1965 of 2021
26.04.2022
https://www.mhc.tn.gov.in/judis
