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%
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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.
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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
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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/-
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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. 65 of
2012 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.
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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. Consequently connected
Miscellaneous Petition is closed.
10.03.2022
Index :Yes / No
Speaking Order :Yes / No
vji
To
1. The Chief Judicial Magistrate Court,
Theni.
2. The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A. (MD) No. 11 of 20212
RMT.TEEKAA RAMAN,J.
vji
C.M.A. (MD) No. 11 of 2021
and
C.M.P. (MD) No. 87 of 2021
10.03.2022
https://www.mhc.tn.gov.in/judis
