Madras High Court

M/S.United India Insurance ... vs Muthuvel Pandian ... 1St on 10 March, 2022

                                                                          C.M.A. (MD) No. 11 of 20212

                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 10.03.2022

                                                    CORAM:

                           THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

                                        C.M.A. (MD) No. 11 of 2021 and
                                          C.M.P. (MD) No. 87 of 2021

                     M/s.United India Insurance Company Limited,
                     Through its Branch Manager,
                     Opposite to P.C.Convent School,
                     Periyakulam Road,
                     Theni, Theni Taluk,
                     Theni district.                    ... Appellant / 2nd Respondent

                                                      Vs

                     1. Muthuvel Pandian                     ... 1st Respondent / Claimant


                     2. M/s.Theni Melapettai Hindu Nadar Matriculation School,
                        Represented by its Administrative Manager,
                        Theni, Theni Taluk,
                        Theni District.                   ... 2nd Respondent / 1st Respondent

                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act praying this Court to set aside the judgment and
                     decree made in M.C.O.P. No. 2 of 2019 by the Motor Accident Claims
                     Tribunal (Chief Judicial Magistrate Court), Theni dated 07.07.2020.

                                  For Appellant            : Mr.Rajesh Saravanan

                                  For Respondents       : Mr.K.Suresh Kumar for R1
                                                          R2 - Exparte

                     1/8

https://www.mhc.tn.gov.in/judis
                                                                               C.M.A. (MD) No. 11 of 20212

                                                     JUDGMENT

United India Insurance Company Limited is the appellant herein.

Challenging the award, dated 07.07.2020 made in M.C.O.P. No. 02 of

2019, on the file of the Motor Accident Claims Tribunal

(Chief Judicial Magistrate Court), Theni, the present Civil Miscellaneous

Appeal is filed.

2. The brief facts relevant for the consideration of the above case

are that on 10.10.2018, at about 7.00 p.m., the injured was riding a two

wheeler 'TVS STAR City' bearing Registration No.TN-60-AX-6418 from

North to South in Boadi - Thevaram Main Road near Silamarathupatti

Bus Stand; at that time, a school bus bearing Registration No.TN-60-

A-1827 was driven by its driver from South to North in a rash and

negligent manner and dashed against the first respondent / claimant, as a

result of which, he sustained grievous injuries and was taken to the

Government Hospital and he took treatment as inpatient for a week. The

first respondent / claimant, alleging negligence on the side of the driver

of the second respondent / first respondent, prays for compensation to the

tune of Rs.3,00,000/- (Rupees Three Lakhs only) with interest at 12%

https://www.mhc.tn.gov.in/judis C.M.A. (MD) No. 11 of 20212

p.a., and costs. Since the accident occurred due to the negligence of the

driver of the second respondent / first respondent, the second

respondent / first respondent being the owner and the appellant / second

respondent being the insurer, are jointly and severally liable to pay

compensation to the first respondent / claimant for the injuries sustained

by the first respondent / claimant. Hence, the claim petition.

3. On the side of the first respondent / claimant, one witness was

examined as PW1 and 8 documens were marked as Exs.P1 to P8. On the

side of the respondents, no oral or documentary evidence was adduced

and the Court documents were examined as Exs.C1 and C2.

4. The Tribunal, after analysing the oral and documentary evidence

available on record, awarded a compensation of Rs.9,51,136/- (Rupees

Nine Lakhs Fifty One Thousand One Hundred and Thirty Six only)

together with interest at the rate of 7.5% per annum and directed the

appellant / second respondent to pay the same jointly and severally to the

first respondent / claimant.

https://www.mhc.tn.gov.in/judis C.M.A. (MD) No. 11 of 20212

5. Aggrieved against the said award passed by the Tribunal, the

appellant / second respondent has filed the present appeal under Section

173 of the Motor Vehicles Act, 1988.

6. Heard both sides and perused the materials available on records.

7. The factum of the accident, the manner of the accident and the

injured sustaining injury in the accident, are not disputed by both the

parties. Accordingly, the findings of the Tribunal, to that effect, are

hereby confirmed.

8. As per the interim order of this Court dated 11.01.2021, a sum of

Rs.5,00,000/- (Rupees Five Lakhs only) was withdrawn by the first

respondent / claimant.

9. After perusing the documents filed before the Tribunal, I find

that the future loss of income granted by the Tribunal is without any

basis. As per the medical expenses filed under Exs.P3, P4 and P5, the

Tribunal has awarded a sum of Rs.3,61,853/- (Rupees Three Lakhs Sixty

One Thousand Eight Hundred and Fifty Three only) towards medical

https://www.mhc.tn.gov.in/judis C.M.A. (MD) No. 11 of 20212

expenses, a sum of Rs.50,000/- (Rupees Fifty Thousand only) towards

pain and sufferings, a sum of Rs.4,500/- (Rupees Four Thousand and

Five Hundred only) towards Attendant charges, a sum of Rs.10,000/-

(Rupees Ten Thousand only) towards Nutrition and a sum of Rs.21,200/-

(Rupees Twenty One Thousand and Two Hundred only) towards

Transportation and a sum of Rs.2,000/- (Rupees Two Thousand only)

towards damages, which are very reasonable and the same are hereby

confirmed.

10. The Tribunal has awarded a sum of Rs.4,19,383/- (Rupees Four

Lakhs Nineteen Thousand Three Hundred and Eighty Three only)

towards Future Loss of Income, which is very excessive and the same is

reduced to Rs.30,000/- (Rupees Thirty Thousand only). The loss of

income during the period of treatment is reduced to Rs.12,000/- (Rupees

Twelve Thousand only). As per the Ex-P4 - discharge summary, he needs

to be given minor surgery. Hence, this Court is inclined to award a sum

of Rs.60,000/- (Rupees Sixty Thousand only) towards future medical

expenses. The Tribunal has not awarded any compensation under the

head of disability at 10%, this Court awarded a sum of Rs.30,000/-

https://www.mhc.tn.gov.in/judis C.M.A. (MD) No. 11 of 20212

(Rupees Thirty Thousand only) 10% x Rs.3,000/- (per percentage) =

Rs.30,000/-.

11. Accordingly, the award of the Tribunal in M.C.O.P. No. 2 of

2019 is modified as follows:

                         Sl.               Particulars     Amount granted     Amount
                         No.                               by the Tribunal granted by this
                                                                               Court
                             1 Pain and Sufferings        Rs.50,000/-        Confirmed
                            2. Attendant Charges          Rs.4,500/-         Confirmed
                            3. Nutirition                 Rs.10,000/-        Confirmed
                            4. Transport Charges          Rs.21,200/-        Confirmed
                            5. Damages                    Rs.2,000/-         Confirmed
                            6. Medical Expenses           Rs.3,61,853/-      Confirmed
                            7. Loss of Income             Rs.82,200/-        Rs.12,000/-
                            8. Future Loss of Income Rs.4,19,383/-           Rs.30,000/-
                               Furture medical               -               Rs.60,000/-
                            9. expenses (surgery)
                               10% disability (10% x         -               Rs.30,000/-
                           10. Rs.3,000/-)
                                   Total                  Rs.9,51,136/-      Rs.5,81,553/-

12. The compensation awarded by the Tribunal is reduced from

Rs.9,51,136/- to Rs.5,81,553/- which shall carry interest at the rate of

7.5% per annum.

https://www.mhc.tn.gov.in/judis C.M.A. (MD) No. 11 of 20212

13. In the result,

(i) The Civil Miscellaneous Appeal is allowed in part. No costs;

(ii) The quantum of compensation awarded by the Tribunal is

reduced from Rs.9,51,136/- to Rs.5,81,553/-;

(iii) The appellant / insurance company deposited part of the award

amount and the same has been withdrawn by the first respondent /

claimant. The appellant / insurance company shall deposit the balance

amount within a period of eight weeks from the date of receipt of a copy