Madras High Court
United India Insurance Co.Ltd vs Gowthami @ Vaideki on 19 October, 2022
C.M.A.No.2357 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.10.2022
CORAM:
THE HONOURABLE Ms. JUSTICE P.T.ASHA
C.M.A.No.2357 of 2014
and
M.P.No.1 of 2014
United India Insurance Co.Ltd.,
Divisional Office No.I,
104-A, Peramanur Main Road,
Salem-7. ... Appellant
vs.
1.Gowthami @ Vaideki
2.G.Duraisamy ... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, against the Judgment and Decree dated 11.02.2014 in
M.C.O.P.No.1744 of 2009 on the file of the Motor Accident Claims
Tribunal, Special Subordinate Judge, No.2, Salem.
For Appellant : Mrs.R.Sree Vidhya
For Respondents : Mr.K.Varadha Kamaraj [R1]
R2 - Served – No Appearance
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.No.2357 of 2014
JUDGMENT
The Insurance Company has challenged the award passed by the
Motor Accident Claims Tribunal, Special Subordinate Judge, No.2, Salem in
M.C.O.P.No.1744 of 2009.
2. The learned counsel for the appellant/Insurance Company would
submit that the 1st respondent/claimant who was the rider of the two wheeler
TVS Champ which had met with an accident did not possess a driving
licence which is evident from a perusal of Ex.P3. The Tribunal has
overlooked this violation of road safety Rules and has failed to fasten the
liability on the 1st respondent/claimant as well.
3. As regards the quantum of compensation, the learned counsel for
the insurance company would submit that though compensation has been
granted under the head of permanent disability, Rs.40,000/- has been
awarded under the head of loss of amenities which is on the higher side.
4. The learned counsel for the 1st respondent/claimant would submit
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C.M.A.No.2357 of 2014
that the petitioner was riding pillion which is seen from the F.I.R., and
therefore, no liability can be mulcted on her and further the compensation
granted was very reasonable.
5. Heard the learned counsel on either side and perused the materials
on record.
6. A perusal of the claim petition in column 23 would show that the
1st respondent herself has stated that she was riding TVS Champ. Further,
Ex.P3, the report of the Motor Vehicle Inspector would also indicate that
the driver was the 1st respondent. Therefore, the argument of the counsel for
the 1st respondent was riding pillion and not as the rider has to be rejected.
7. Considering the fact that the 1st respondent herein had driven the
vehicle without a valid driving licence, 10% liability has to be mulcted on
her. As pointed out by the learned counsel for the appellant/Insurance
Company, a sum of Rs.40,000/- granted under the head of loss of amenities
is hereby reduced to Rs.30,000/- and Rs.1,000/- is enhanced under the head
of extra nourishment. In all other aspects, the award of Tribunal remains
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C.M.A.No.2357 of 2014
unaltered. Therefore, the Compensation awarded by the Tribunal is
reworked as below:
S.No. Description Amount Amount Award
awarded by awarded by confirmed
Tribunal this Court or
enhanced
or granted
or reduced
1 Permanent Rs.52,000/- Rs.52,000/- Confirmed
disability
2 Pain and Rs. 50,000/- Rs.50,000/- Confirmed
Sufferings
3 Medical Expenses Rs.1,02,000/- Rs.1,02,000/- Confirmed
4 Transportation Rs.10,000/- Rs.10,000/- Confirmed
5 Extra Nourishment Rs.10,000/- Rs.11,000/- Enhanced
6 Attender Charges Rs.20,000/- Rs.20,000/- Confirmed
7 Loss of amenities Rs.40,000/- Rs.30,000/- Reduced
8 Damage to clothes Rs.15,000/- Rs.15,000/- Confirmed
and loss of income
for 5 months
TOTAL Rs.3,00,000/- Rs.2,90,000/-
Less 10% Rs.2,90,000/- -
contributory Rs.29,000/- =
negligence Rs.2,61,000/-
8. In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation of Rs.3,00,000/- awarded by the Tribunal is hereby
reduced to a sum of Rs.2,61,000/-. Therefore, the Appellant / Insurance
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C.M.A.No.2357 of 2014
Company is directed to deposit the modified award amount now determined
by this Court to the credit of M.C.O.P.No.1744 of 2009 on the file of the
Motor Accident Claims Tribunal, the Special Subordinate Judge, No.2,
Salem, together with interest @ 7.5% per annum from the date of claim
petition till the date of deposit and costs, less, the amount, if any already
deposited, within a period of four 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, as apportioned by the
Tribunal, along with interest and costs, after adjusting the amount, if any
already withdrawn, by filing necessary application before the Tribunal. No
costs. Consequently, connected miscellaneous petition is closed.
19.10.2022
Index : Yes/No
Speaking / Non-speaking order
ssn
To:
1. The Motor Accident Claims Tribunal,
Special Subordinate Judge, No.2,
Salem.
2. The Section Officer,
V.R.Section,
High Court of Madras,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.2357 of 2014
P.T.ASHA, J.,
ssn
C.M.A.No.2357 of 2014
and
M.P.No.1 of 2014
19.10.2022
https://www.mhc.tn.gov.in/judis
