National Insurance Company Ltd vs P.Arumugam
2023 Latest Caselaw 8020 Mad

                                                                                     C.M.A.No.1598 of 2021


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 11.07.2023

                                                        CORAM

                                  THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY

                                                C.M.A.No.1598 of 2021
                                       and C.M.P.Nos.8328 of 2021 & 5877 of 2023

                  National Insurance Company Ltd.,
                  No.169, Anna Salai,
                  Chennai – 600 002.                                               ...Appellant

                                                          Vs

                  1.P.Arumugam
                  2.O.Kothandam
                  3.P.Geetha                                                       ... Respondents

                  Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                  Vehicles Act, 1988, against the award and decree dated 05.03.2020 made in
                  M.C.O.P.No.3005 of 2012 on the file of the Motor Accidents Claims Tribunal,
                  (In the VI Court of Small Causes), Chennai.


                                        For Appellant    : Mr.D.Bhaskaran
                                        For R1           : Mr.Leelesh Sundaram
                                                           for M/s.Nathan & Associates
                                        For R2           : No Appearance



                  1/6


https://www.mhc.tn.gov.in/judis
                                                                                      C.M.A.No.1598 of 2021




                                                      JUDGMENT

This Civil Miscellaneous Appeal has been filed against the award and

decree dated 05.03.2020 made in M.C.O.P.No.3005 of 2012 on the file of the

Motor Accidents Claims Tribunal, (In the VI Court of Small Causes), Chennai.

2.The 1st respondent/claimant filed M.C.O.P.No.3005 of 2012, on the file

of the Motor Accidents Claims Tribunal, (In the VI Court of Small Causes),

Chennai, claiming a sum of Rs.1,50,000/- as compensation for the injury

sustained by him.

3.The Tribunal considering the pleadings, oral and documentary

evidence, held that the accident occurred due to rash and negligent driving by

the 2nd respondent/driver of the lorry and directed the appellant/Insurance

Company to pay a sum of Rs.14,40,000/- along with interest at the rate of 7.5%

as compensation to the 1st respondent/claimant.

https://www.mhc.tn.gov.in/judis C.M.A.No.1598 of 2021

4.Aggrieved over the award passed by the Tribunal, the

appellant/Insurance Company filed the present appeal challenging the quantum

of compensation.

5.Learned counsel appearing for the appellant/Insurance Company would

submit that the Tribunal in the absence of any material evidence to prove the

loss of income has awarded a sum of Rs.13,58,640/- towards functional

disability by applying multiplier method, which has to be set aside. Further, the

1st respondent/claimant has erred in granting a sum of Rs.14,40,074/- as

compensation as against the claim of Rs.1,50,000/- without proper adjudication.

6.Learned counsel appearing for the 1st respondent/claimant brought the

1st respondent/claimant before this Court as per the order of this Court dated

06.07.2023 and submitted that the 1st respondent/claimant was working as

painter before the accident. After that, for the past 13 years, he was not able to

do any work and he is often getting fits. He would also submit that the 1st

respondent/claimant cannot walk without any aid and he prayed to pass

appropriate orders.

https://www.mhc.tn.gov.in/judis C.M.A.No.1598 of 2021

7.Though the learned counsel appearing for the appellant/Insurance

Company initially argued that the Tribunal has erred in awarding a huge sum as

against the claim amount of Rs.1,50,000/-, after noticing the disability sustained

by the 1st respondent/claimant, he submitted that the quantum awarded by the

Tribunal is just and fair.

8.Heard the learned counsel appearing for the appellant/Insurance

Company as well as the 1st respondent/claimant and perused the materials

available on record.

9.Taking into consideration the submission made by the learned counsel

appearing for either parties and after observing the disability sustained by the 1st

respondent/claimant, this Court feels that since the 1st respondent/claimant

always needs the help of some one to carry on day-to-day activities and cannot

walk without any aid, the compensation awarded by the Tribunal is just and fair.

https://www.mhc.tn.gov.in/judis C.M.A.No.1598 of 2021

10.In the result, this Civil Miscellaneous Appeal is dismissed and the

award of the Tribunal is confirmed. The 5th respondent/Insurance Company is

directed to deposit the entire amount awarded by the Tribunal, along with

interest and cost, less the amount, already deposited if any within a period of

eight weeks from the date of receipt of copy of this judgment. Therafter, the

Tribunal is directed to transfer the award amount to the 1st respondent/claimant

by way of RTGS to his bank account directly, within a period of three weeks

from the deposit being made or from date of furnishing the RTGS particulars by

the 1st respondent/claimant, whichever is later. On such deposit, the 1st

respondent/claimant is permitted to withdraw the entire award amount along

with interest and cost, less the amount if any already withdrawn. No costs.

Consequently, the Civil Miscellaneous Petition are closed.

11.07.2023 Speaking/Non-speaking order Index : Yes / No Neutral Citation : Yes / No rst

To:

The Motor Accidents Claims Tribunal, (In the VI Court of Small Causes), Chennai.

https://www.mhc.tn.gov.in/judis C.M.A.No.1598 of 2021

KRISHNAN RAMASAMY,J.

rst

C.M.A.No.1598 of 2021 and C.M.P.Nos.8328 of 2021 & 5877 of 2023

11.07.2023

https://www.mhc.tn.gov.in/judis