Madras High Court
M/S.United India Insurance ... vs Narendran on 24 March, 2022
C.M.A.No.79 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.03.2022
CORAM
THE HONOURABLE Ms.JUSTICE P.T.ASHA
C.M.A.No.79 of 2022
and
C.M.P.No.534 of 2022
M/s.United India Insurance Co.Ltd.,
Branch Office, No.146/N, 2nd Floor,
Kumar Complex, Anna Slai,
Thiruchengodu, Namakkal District 637 211.
Divisional Office No.1, T.P.Hub,
No.104-1. Ranga Building,
Peramanur Main Road, Near Four Road,
Peramanur, Salem – 636 007 .. Appellant
-Vs.-
1. Narendran
2. S.Rathika
3. C.Kaliyannan
4. M/s. United India Insurance Co.Ltd,
Divisional Office at No.1, T.P.Hub,
No.104-A, Ranga Building,
Peramanur Main Road, Near Four Road,
Peramanur, Salem – 636 007. ...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act. 1988, against the judgment and decree dated 26.07.2019 made
in M.C.O.P.No.1873 of 2015 on the file of the Motor Accident Claims
Tribunal (Special Sub Court No.-2), Salem.
https://www.mhc.tn.gov.in/judis
C.M.A.No.79 of 2022
For Appellant : Mr.D.Bhaskaran
For Respondent-1 : Mr.S.Sairaman
For Respondent-2 : Served-No Appearance
For Respondents 3 & 4 : Given up
JUDGMENT
The Insurance Company is the appellant herein, challenging the award
passed by the learned Special Sub Judge-II, Motor Accident Claims Tribunal,
Salem in M.C.O.P.No.1873 of 2015.
2. The Insurance Company, is aggrieved by the compensation that
has been granted to the claimant. The claimant is aged 21 years and is a
second year college student. He had met with an accident on 20.08.2014, when
the claimant, while driving his Yamaha motor cycle, bearing Registration
No.TN 52 U 2756 on Kovai to Salem Main Road, was hit by Ashok Leyland
Lorry, bearing Registration No.TN 52 D 7759, belonging to the second
respondent herein and insured with the Appellant-Insurance Company. The
lorry was also travelling in the same direction and had hit the claimant's motor
cycle, as a result of which, the claimant was thrown out from the motor cycle
and had fallen on the road, on account of which, he had sustained grievous
https://www.mhc.tn.gov.in/judis
C.M.A.No.79 of 2022
injuries. He had therefore, filed a claim petition seeking compensation of a
sum of Rs.30,00,000/-.
3. The Appellant -Insurance Company had filed their counter,
denying the accident and also contending that the claimant was equally
negligent and the accident had occurred due to his fault as well and since he is
a tort-feasor, he is not entitled to compensation.
4. The Tribunal below, after considering the evidence on record, had
apportioned the liability 35% on the claimant and 65% on the lorry, the
Tribunal had awarded the following compensation:
Heads Amount in Rs.
Disability 30% x 3000 90,000
Pain and Sufferings 3,00,000
Loss of Amenities 3,00,000
Medical Expenses 3,53,697
Future Medical Expenses 2,00,000
Loss of Income 45,000
Conveyance Expenses 20,000
Extra Nourishment 1,00,000
Attender Charges 25,000
Damages 1,000
Total 14,34,697
Aggrieved by the same, the Insurance Company is before this Court.
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C.M.A.No.79 of 2022
5. Mr.D.Bhaskaran, learned counsel appearing for the appellant –
Insurance Company would submit that the Tribunal had awarded excessive
amounts under the heads of Pain and Sufferings, Loss of Amenities, Future
Medical Expenses and Extra Nourishment. He would however concede that
the Tribunal had erred in reducing the disability to 30%, although the Doctor
had assessed the disability at 65%. He would submit that the disability may be
assessed at 40%. He would also submit that only a sum of Rs.50,000/- each
can be granted under the Heads of Pain and Sufferings, Loss of Amenities and
Future Medical Expenses, considering the nature of injuries sustained by the
claimant as also his age. He would submit that no amount can be granted
under the head of Loss of Income, since the claimant was only a student and
not employed. Therefore the award of the Tribunal has to be modified as
follows:
S.No. Description Amount Amount Award
awarded by awarded confirmed or
Tribunal by this enhanced or
Court granted or
(Rs)
reduced
(Rs)
1 Disability 30% x 3000 90,000 1,20,000 Enhanced
2 Pain and Sufferings 3,00,000 50,000 Reduced
3 Loss of Amenities 3,00,000 50,000 Reduced
4 Medical Expenses 3,53,697 3,53,697 Confirmed
5 Future Medical Expenses 2,00,000 50,000 Reduced
6 Loss of Income 45,000 - NIL
7 Conveyance Expenses 20,000 25,000 Enhanced
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C.M.A.No.79 of 2022
S.No. Description Amount Amount Award
awarded by awarded confirmed or
Tribunal by this enhanced or
Court granted or
(Rs)
reduced
(Rs)
8 Extra Nourishment 1,00,000 25,000 Reduced
9 Attender Charges 25,000 25,000 Confirmed
10 Damages 1,000 1,000 Confirmed
TOTAL 14,34,697 6,99,697 Reduced by
Rounded Rs.7,35,000
Off to
7,00,000
6. Considering the fact that 35% of the liability has been mulcted on
the first respondent/claimant, he has to forego a sum of Rs.2,45,000/- and the
appellant-Insurance Company is liable to pay a sum of Rs.4,55,000/- which
constitute 65% together with interest.
7. Therefore, the Civil Miscellaneous Appeal is partly allowed and the
compensation of Rs.14,34,697/- awarded by the Tribunal is hereby reduced to
a sum of Rs.6,99,696 (Rounded Off to Rs.7,00,000/-) together with interest
@ 7.5 % per annum from the date of petition till the date of deposit. The
Insurance Company is directed to deposit the said amount Rs.4,55,000/- to the
credit of M.C.O.P.No.1873 of 2015 together with interest @ 7.5% per annum
from the date of claim petition till the date of deposit and costs as awarded by
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C.M.A.No.79 of 2022
the Tribunal, less, the amount, if any already deposited, within a period of six
weeks from the date of receipt of a copy of this Judgement. On such deposit
being made, the claimant is permitted to withdraw the amount now determined
by this Court, along with interest and costs, as apportioned by the Tribunal,
after adjusting the amount if any already withdrawn. The Insurance Company
is permitted to withdraw any excess amount deposited by them. No costs.
Consequently, connected Civil Miscellaneous Petition is closed.
24.03.2022
Internet: Yes/No
Index:Yes/No
Speaking/Non-Speaking
srn
To
1. The learned Special Sub Judge-II,
Motor Accident Claims Tribunal, Salem
2. The Section Officer,
V.R.Section, High Court, Madras
https://www.mhc.tn.gov.in/judis
C.M.A.No.79 of 2022
P.T.ASHA.J
srn
C.M.A.No.79 of 2022
and
C.M.P.No.534 of 2022
24.03.2022
https://www.mhc.tn.gov.in/judis
