Madras High Court
National Insurance Company Ltd vs R.Esakkimuthu on 24 March, 2023
CMA(MD).N0.124 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated 24.03.2023
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.124 of 2010
National Insurance Company Ltd.,
3rd North Veli Street
Madurai ... Appellant
vs.
1.R.Esakkimuthu
2.S.Padmavathi ....Respondents
PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, to set aside the award passed in MCOP.No.250 of
2017 dated 29.03.2019 on the file of the Motor Accident Claims
Tribunal/Chief Judicial Magistrate, Thoothukudi and allow this appeal.
For Appellant : Mr.A.S.Mathialagan
For Respondents : No appearance
JUDGMENT
The present appeal has been filed by the Insurance Company
https://www.mhc.tn.gov.in/judis
CMA(MD).N0.124 of 2020
challenging the award passed by the Motor Accident Claims Tribunal,
Thoothukudi in MCOP.No.250 of 2017.
2.According to the claimant, he was driving a Maruthi Wagon.R
Car on 05.03.2015. A Mini-Bus belonging to the first respondent herein
came from the rear side and hit against the vehicle and caused huge
damage to the rear side of the Wagon.R Car. For the said damages, the
petitioner claimant had made a claim of Rs.24,000/- based upon the
policy to the insurance company.
3.However, out of the said amount, only a sum of Rs.15,799/- was
paid by the second respondent insurance company. The petitioner had
also claimed a sum of Rs.5,400/- for loss of income for a period of 18
days and another sum of Rs.8,000/- towards shock and mental agony.
Further, the claimant had sought for a sum of Rs.92,132/- towards
damages caused to the vehicle and a sum of Rs.18,000/- for engaging a
private vehicle for the said date and a sum of Rs.50,000/- towards mental
agony.
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CMA(MD).N0.124 of 2020
4.The Tribunal after considering the oral and documentary
evidence has awarded a sum of Rs.8,000/- towards damages to the
vehicle, Rs.5400/- was awarded for engaging a private vehicle and
Rs.8,000/- for mental agony and shock.
5.The learned counsel for the appellant/insurance company had
contended that the insurance company had already paid the amount for
repair and damages caused to the vehicle and therefore, the claim petition
is not maintainable. They further contended that a sum of Rs.5,400/-
cannot be awarded for engaging the private vehicle for the said period. A
sum of Rs.8,000/- cannot be awarded towards mental shock and agony.
6. Though the claimant has been served, there is no appearance
either in person or through counsel.
7.A perusal of the records would indicate that the claimant has
placed before the Court Exhibits P4 and P5 relating to the accident
incurred by the claimant towards repair of the vehicle. Out of the said
amount, a sum of Rs.15,799/- has already been paid by the insurance
company. The Tribunal has awarded the balance sum of Rs.8,000/- for
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CMA(MD).N0.124 of 2020
repairing the damages incurred to the said vehicle. Therefore, there is no
infirmity or illegality in the award of the Tribunal under the said head.
8.However, the claimant prayed for a sum of Rs.18,000/- for
engaging a private taxi during the period when the vehicle was under
repair. However, no document has been produced on the side of the
claimant for establishing the fact that he has engaged a private vehicle
for the said period. For the damages incurred to the vehicle, the question
of payment of compensation under the head of mental agony and shock
would not arise. Therefore, this Court is of the view that awarding Rs.
5,400/- towards engaging a private taxi and awarding a sum of
Rs.8,000/- under the head of mental agony and shock are liable to set
aside.
9.In view of the above said deliberations, the award is confirmed
to an extent of Rs.8,000/- towards damages incurred to the vehicle and
the rest of the award is hereby set aside. The appellant Insurance
Company is directed to deposit the modified compensation of
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CMA(MD).N0.124 of 2020
Rs.8000/- with 7.5% interest per annum from the date of claim petition
till the date of deposit, less the amount already deposited, if any, to the
credit of the claim petition within a period of eight weeks from the date
of receipt of a copy of this judgment. On such deposit, the claimant is
permitted to withdraw the entire amount with interest by filing a formal
permission petition before the Tribunal.
10.This Civil Miscellaneous Appeal is allowed to the extent as
stated above. No costs.
24.03.2023
Index : Yes/No
Internet : Yes/No
NCC: : Yes/No
msa
To
1. The Motor Accident Claims Tribunal
/Chief Judicial Magistrate,
Thoothukudi
2.The Section Officer,
E.R.Section/V.R.Section,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
CMA(MD).N0.124 of 2020
R.VIJAYAKUMAR,J.
msa
Pre-delivery order made in
C.M.A(MD)No.124 of 2010
24.03.2023
https://www.mhc.tn.gov.in/judis
