Madras High Court
Magma Hdi General Insurance ... vs Subramani on 22 June, 2023
C.M.A.No.1796 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.06.2023
CORAM
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
C.M.A.No.1796 of 2018
and C.M.P.No.13822 of 2018
Magma HDI General Insurance Company Ltd
2nd Floor, 4/454, Ram Complex
Near New Bus Stand, ARRS Multiplex Salai
Salem – 636 009 .. Appellant
Versus
1.Subramani
2.K.R.Raju .. Respondents
Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles
Act, 1988 against the Judgment and Decree of the Motor Accidents Claims
Tribunal (Subordinate Court) at Sankari made in M.C.O.P.No.284 of 2014
dated 15.03.2018.
For Appellant : Mr.S.Arunkumar
For Respondents : Mr.C.Kulanthaivel for R1
JUDGMENT
The Civil Miscellaneous Appeal has been filed against the Judgment and
Decree of the Motor Accidents Claims Tribunal (Subordinate Court) at Sankari
made in M.C.O.P.No.284 of 2014 dated 15.03.2018.
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C.M.A.No.1796 of 2018
2.The manner of the accident, factum of the accident, rash and negligence
on the part of the driver of the offending vehicle are not in dispute
3. On 18.11.2014, the claimant was driving his motor cycle on left side at
Vaikuntam-Kongunapuram Road, the second respondent lorry dashed the
motor cycle and the claimant sustained injury. Hence, the claim petition.
4. The appellant is the Insurance Company seeking to challenge the
award passed by the Tribunal on the ground of quantum. The second
respondent is the owner of the offending vehicle and the first respondent is the
claimant. For the sake of convenience, the parties are referred to as per their
ranking before the trial Court.
5. During the trial before the Tribunal, the claimant examined himself as
PW1. Ex.P1 to P12 were marked. Ex.P1 is the FIR Copy, Ex.P3 is the
Discharge Summary, Ex.P4 is the medical bills and Ex.P11 is the disability
certificate. The Tribunal on consideration of both oral and documentary
evidences came to conclusion that the accident has taken place due to the rash
and negligent driving of the driver of the offending vehicle, accordingly, fixed
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C.M.A.No.1796 of 2018
the liability to Insurance Company and granted the compensation as tabulated
below:
Calculation Rs.
Loss of Earning Capacity Rs.3,00,000/-
Medical expenses Rs.50,000/-
Pain and sufferings Rs.50,000/-
Transportation Expenses Rs.10,000/-
Nutrition food Rs.25,000/-
Cost of Attender Charges Rs.10,000/-
Future medical expenses Rs.25,000/-
Loss of property Rs.5000/-
Total compensation is hereby fixed at Rs.4,75,000/-
6.Heard Mr.S.Arunkumar, learned counsel for the appellant and
Mr.C.Kulanthaivel, learned counsel for the first respondent and perused the
materials placed on record.
7. Considering the facts and also taking note of the plea raised by the
learned counsel for the appellant, this Court is of the considered view that the
monthly income of the claimant should be fixed at Rs.1,00,000/- reducing from
Rs.1,50,000/-. Accordingly, the monthly income would come at Rs.1,00,000 x 9
(multiplier) = 9,00,000/-, which is multiplied by 22% (disability) which would
be calculated at (Rs. 9,00,000x22/100=Rs.1,98,000/-), hence the loss of earning
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C.M.A.No.1796 of 2018
capacity of the claimant is assessed at Rs.1,98,000/-; further, the pain and
sufferings which was fixed as Rs.50,000/- by the Tribunal is is hereby reduced
to Rs.30,000/-. Accordingly, the award amount is modified as below:
Calculation Rs.
Loss of Earning Capacity Rs.1,98,000/-
Medical expenses Rs.50,000/-
Pain and sufferings Rs.30,000/-
Transportation Expenses Rs.10,000/-
Nutrition food Rs.25,000/-
Cost of Attender Charges Rs.10,000/-
Future medical expenses Rs.25,000/-
Loss of property Rs.5000/-
Total compensation is hereby fixed at Rs.3,53,000/-
8. In fine,
(i) this Civil Miscellaneous Appeal stands partly allowed to the extent
indicated above. Accordingly, the compensation awarded is reduced from
Rs.4,75,000/- to Rs.3,53,000/-. The rate of interest awarded by the Tribunal
remains in tact. Consequently, connected miscellaneous petition is closed. No
Costs.
(ii) the appellant/Insurance Company is directed to deposit the reduced
award amount before the Tribunal, within a period of six weeks from the date of
receipt of a copy of this order, less the amount, if any already deposited.
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C.M.A.No.1796 of 2018
(iii) On such deposit being made, the claimant is permitted to withdraw
his share in the award amount with proportionate accrued interest and costs, as
per the ratio of apportionment made by the Tribunal, less the award amount, if
any, already withdrawn, by filing necessary application before the Tribunal.
(iv) If at all the Appellant Insurance Company had already deposited the
awarded compensation amount, after satisfaction of the award, the Tribunal is
directed to refund the surplus deposited money taking note of the reduced
compensation amount herein, to the Appellant Insurance Company.
22.06.2023
Internet : Yes/No
Speaking Order/Non-Speaking Order
dhk
To
The Presiding Officer,
Motor Accidents Claims Tribunal
(Subordinate Judge Court)
Sankari
A.A.NAKKIRAN, J.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1796 of 2018
dhk
C.M.A.No.1796 of 2018
22.06.2023
https://www.mhc.tn.gov.in/judis
