Madras High Court
M/S.United India Insurance ... vs V.Senthil Kumar on 22 June, 2023
C.M.A.(MD).No.946 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.946 of 2018
and
C.M.P(MD) No.10220 of 2018
M/s.United India Insurance Company Ltd.,
Divisional Office-I,
Door No.7A, Pandian Building,
West Veli Street, Madurai – 1,
Represented through its
Divisional Manager. ... Appellant/2nd Respondent
-vs-
1. V.Senthil Kumar
S/o. Late Venkatachalam ... 1st Respondent/Petitioner
2. S.Senthil Kumar
S/o.Sakthivel ... 2nd Respondent/1st Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicle Act, 1988, against the judgment and decree passed in M.C.O.P.No.
1564 of 2015, dated 04.04.2018, on the file of the Motor Accident Claims
Tribunal cum Special Sub Court, Tirunelveli.
For Appellant : Mr.C.Jawahar Ravindran
For Respondents : Mr.Senthil Sankara Natha Kumar
For – R1
: R2- Given up
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C.M.A.(MD).No.946 of 2018
JUDGMENT
The present Civil Miscellaneous Appeal has been filed by the Insurance
Company challenging the award passed by the Motor Accident Claims
Tribunal-cum-Special Sub Court, Tirunelveli made in M.C.O.P.No.1564 of
2015 primarily on the ground of quantum.
2. The injured claimant who was aged about 30 years, working as a
temporary driver in State Express Transport Corporation, met with an
accident on 16.09.2015 and sustained disability to an extent of 90% as per the
report of the Medical Board, which is marked as Ex.P.23.
3. The Tribunal has taken into consideration the disability at 75% and
applying the multiplier method, arrived at a sum of Rs.13,42,800/- (Rupees
Thirteen Lakhs Forty Two Thousand and Eight Hundred only) under the head
of loss of income. A sum of Rs.2,00,000/- (Rupees Two Lakhs only) was
awarded towards loss of pain and sufferings. A sum of Rs.2,00,000/- (Rupees
Two Lakhs only) was awarded towards loss of amenities, a sum of Rs.
25,000/- (Rupees Twenty Five Thousand only) was awarded towards attendar
charges, a sum of Rs.15,000/- (Rupees Fifteen Thousand only) was awarded
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C.M.A.(MD).No.946 of 2018
towards transportation charges, a sum of Rs.2,00,000/- (Rupees Two Lakhs
only) was awarded towards loss of future medical expenses, a sum of Rs.
2,64,788/- (Rupees Two Lakhs Sixty Four Thousand Seven Hundred and
Eighty Eight only) as per Ex.P3 Medical bills, a sum of Rs.35,020/- (Rupees
Thirty Five Thousand and Twenty only) as per Ex.P-4 – Medical Bills, a sum
of Rs.50,000/- (Rupees Fifty Thousand only) towards extra nourishment, a
sum of Rs.5,82,600/- (Rupees Five Lakhs Eighty Two Thousand and Six
hundred only) for purchasing artificial limb. A sum of Rs.1,00,000/- (Rupees
One Lakh only) towards loss of marital prospects. Totally, a sum of
Rs.30,15,208/- (Rupees Thirty Lakhs Fifteen Thousand Tow Hundred and
Eight only) was awarded by the Tribunal. The Insurance Company has
admitted the liability to an extent of Rs.20,16,000/- and has filed the present
appeal, challenging the award to an extent of Rs.10,00,000/- (Rupees Ten
Lakhs only).
4. According to the learned counsel appearing for the appellant, the
Tribunal had excessively awarded a sum of Rs.2,00,000/- (Rupees Two Lakhs
only) towards pain and sufferings and a sum of Rs.2,00,000/- (Rupees Two
Lakhs only) towards loss of amenities. He has further contended that without
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C.M.A.(MD).No.946 of 2018
any medical records, a sum of Rs.2,00,000/- has been awarded under the head
of future medical expenses. He further contended that based upon Ex.P.5,
which is a quotation, a sum of Rs.5,82,600/- has been awarded for purchasing
artificial limb. The appellant has also contended that a sum of Rs.1,00,000/-
(Rupees One Lakh only) towards loss of marital prospects is excessive.
Hence, he prayed for allowing the appeal and reducing the quantum of
compensation under these heads.
5. Per contra, the learned counsel appearing for the claimant/first
respondent had contended that the Tribunal had relied upon Ex.P.5 and
thereafter, has proceeded to award a sum of Rs.5,82,600/- towards purchasing
artificial limb. He further contended that since he has sustained grievous
injuries, he requires future medical expenses also. He further contended that
the injured claimant was aged about 30 years and he has lost his avocation as
a driver and therefore, the marital prospects have been affected. Hence, the
award of Rs.1,00,000/- towards loss of marital prospectus is legally
sustainable. Hence, he prayed for confirming the award passed by the
Tribunal.
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C.M.A.(MD).No.946 of 2018
6. I have carefully considered the submissions made by the learned
counsel on either side and perused the material on records.
7. It is an admitted fact that the injured claimant was a temporary driver
in State Express Transport Corporation and he was aged about 30 years on the
date of accident. It is also an admitted fact that his right leg has been
amputated above knee and therefore, it is the clear case of functional
disability. In this angle, we have to consider the award of compensation by
the Tribunal.
8. The Tribunal has rightly applied the multiplier method and has
awarded a sum of Rs.13,42,800/-(Thirteen Lakhs Forty Two Thousand and
Eight Hundred only). Considering the fact that the right leg above knee has
been amputated, the Tribunal awarded a sum of Rs.2,00,000/- (Rupees Two
Lakhs only) towards pain and sufferings, which cannot be considered on the
excessive side and Rs.2,00,000/-(Rupees Two Lakhs only) awarded for loss
of amenities, cannot be considered on the excessive side. However, there are
no medical records to show that the claimant has to undergo the medical
treatment in future. The Tribunal has awarded a sum of Rs.2,00,000/- for
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C.M.A.(MD).No.946 of 2018
future medical expenses without any records whatsoever. Therefore, the said
award under the head of future medical expenses, is liable to be set aside. The
Tribunal has further awarded a sum of Rs.5,82,600/- based upon the Ex.P-5
Medical Bills. A perusal of Ex.P.5 indicates that it is only quotation received
from a private company for the value of the artificial limb. This Court is not
inclined to accept the said documents. This Court proceeds to award a sum of
Rs.1,00,000/- under the head for fixing artificial limbs. Further, a sum of
Rs.1,00,000/- has been awarded towards loss of marital prospects.
Considering the facts and circumstances, this Court is inclined to reduce a
sum of Rs.6,83,392/- (Rupees Six Lakhs Eighty Three Thousand Three
Hundreds and Ninety Two only).
9. In view of the above said deliberations, the award of the Tribunal is
modified as follows:
Loss of Income : Rs.13,42,800/-
Pain and Sufferings : Rs. 2,00,000/-
Loss of Amenities : Rs. 2,00,000/-
Attendar Charges : Rs. 25,000/-
Transport Expenses : Rs. 15,000/-
As per Ex.P.3 : Rs. 2,64,788/-
As per E.P-4 : Rs. 35,020/-
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C.M.A.(MD).No.946 of 2018
Extra Nourishment : Rs. 50,000/-
Artificial Limbs : Rs. 1,00,000/-
loss of Marital Prospects: Rs. 1,00,000/-
Total : Rs.23,32,608/-
10. In view of the above said deliberations and the above said
discussions, the award of the Tribunal is reduced from Rs.30,16,000/- to
Rs.23,32,608/- (Rupees Twenty Three Lakhs Thirty Two Thousand Six
Hundred and Eight only) and the said award amount will carry interest at the
rate of 7.5% per annum from the date of claim petition. If any excessive
amount has been deposited by the appellant Insurance Company, the same
shall be refunded along with accrued interest.
11. Accordingly, this Civil Miscellaneous Appeal stands partly allowed
to the extent as stated above. There shall be no order as to costs.
Consequently, connected Miscellaneous Petition is closed.
22.06.2023
NCC : Yes/No
Index : Yes / No
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.946 of 2018
Internet : Yes / No
ebsi
To
1. The Motor Accident Claims Tribunal cum Special Sub Court,
Tirunelveli.
2. The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.946 of 2018
R.VIJAYAKUMAR,J.
ebsi
C.M.A.(MD)No.946 of 2018
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.946 of 2018
22.06.2023
https://www.mhc.tn.gov.in/judis
