Madras High Court
M/S.Oriental Insurance Co.Ltd vs V.Chandran ..1St on 10 March, 2022
C.M.A.No.3424 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :10.03.2022
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.M.A.No.3424 of 2013
and M.P.No.1 of 2013
M/s.Oriental Insurance Co.Ltd.,
Rep. By its Branch Manager
Branch Office
No.25-C, Arunagiri Complex
III Floor, Bye-pass road,
Hosur-635 109 ... Appellant
/Respondent -2.
Vs.
1.V.Chandran ..1st respondent/
Petitioner
2.K.Rathinam
3.P.Devaraj ... Respondents 2 and 3
/Respondents 1 and 3.
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 against the judgment and decree passed in M.C.O.P.No.1610 of
2007 on 05.02.2013 on the file of learned Motor Accident Claims Tribunal (Chief
Judicial Magistrate) At Krishnagiri District.
For Appellant : Mr.J.Chandran
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.No.3424 of 2013
For Respondents : No appearance – for R1
Mr.K.Thiruvengadam for R2.
JUDGMENT
The appellant-Insurance Company has filed this appeal challenging the
negligence and quantum of compensation in the Award dated 05.02.2013.
2. The first respondent herein is the injured claimant. He filed
MCOP.No.1610 of 2007 claiming a sum of Rs.7,00,000/- for the injuries he
sustained in the accident that occurred on 24.02.2007. As per the averments in the
claim petition, on 24.02.2007 when the petitioner was travelling in the Tractor-
Trailer bearing Reg.No.TN-25-C7966 belonging to one K.Rathinam, who is the 1st
respondent before the Tribunal/R2 herein, which is insured with the appellant
herein, at Thalam Pudur, Krishnagiri, the driver drove the Tractor in a rash and
negligent manner in a rough surface of the road; as a result of which the Tractor-
Trailer had capsized and the petitioner, who was travelling with Coconut goods,
sustained grievous injuries.
https://www.mhc.tn.gov.in/judis
C.M.A.No.3424 of 2013
3. Before the Tribunal, the petitioner-claimant and the Insurance
Company/R-2/appellant herein, let in evidence, both oral and documentary. After
going through the entire evidence, the Tribunal held that the accident took place
only due to the rash and negligent driving of the driver of Tractor-Trailer bearing
Reg.No.TN-25-C-7966 by relying on the evidence of P.W.1 and the contents of
Exhibit A.1.
4. The above finding is based on the evidence and this Court is not inclined
to interfere with the same. Accordingly, the finding in respect of negligence is
confirmed.
5. Insofar as the injuries sustained by the first respondent/claimant is
concerned, the Tribunal has taken into account Ex.A.2-Wound certificate, Ex.A.6-
Disability Certificate and the deposition of P.W.2 Dr.D.V.Gandhi who certified
that the claimant sustained 40% disability and came to the conclusion that the
claimant is unable to perform his work as before and awarded Rs.2,000/- per
percentage of disability by reducing the disability from 40% to 38% and awarded
Rs.76,000/- towards loss of permanent and partial disability. In addition to the
https://www.mhc.tn.gov.in/judis
C.M.A.No.3424 of 2013
above, the Tribunal awarded the compensation under following heads:-
Sl.No. Heads under which compensation Amount of compensation
grated by the Tribunal granted in Rs.
1. For partial disability Rs.76,000/-
2. For Pain and suffering Rs.10,000/-
3. For Transportation Rs.5,000/-
4. For extra nourishment Rs.5,000/-
5. For Attendant charges Rs.5000/-
6. For damage to clothes and articles Rs.1,000/-
7. For loss of income during the treatment Rs.5,000/-
period
Total Rs.1,07,000/-
6. The compensation awarded by the Tribunal cannot be held to be either
excessive or arbitrary. But it is a just compensation and in such view of the matter,
this Court finds no infirmity in the Award of the Tribunal, warranting any
interference and accordingly, the Award passed by the Tribunal is confirmed.
7. By order dated 19.12.2013, this Court while ordering interim stay of
operation of the award, directed the appellant-Insurance company to deposit 50%
of the Award amount with accrued interest. Since this Court confirmed the Award
https://www.mhc.tn.gov.in/judis
C.M.A.No.3424 of 2013
passed by the Tribunal, the appellant is directed to deposit the balance Award
amount with accrued interest and costs. On such deposit, the 1st respondent is
permitted to withdraw the amount lying in the deposit along with interest and
costs without filing formal petition before the Tribunal.
8. In the result, the Civil Miscellaneous Appeal is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
10.03.2022
Intex : Yes/No
Internet : Yes/No
nvsri
https://www.mhc.tn.gov.in/judis
C.M.A.No.3424 of 2013
J.NISHA BANU,J.
nvsri
To
1.The Motor Accident Claims Tribunal
(Chief Judicial Magistrate) At Krishnagiri District.
2.The Section Officer, V.R.Section,
Madras High Court,
Chennai.
C.M.A.No.3424 of 2013
10.03.2022
https://www.mhc.tn.gov.in/judis
