Madras High Court
Oriental Insurance Company Limited vs Mahalinga Gandhi on 29 November, 2023
C.M.A.(MD).No.1156 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 29.11.2023
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
C.M.A.(MD)No.1156 of 2012
Oriental Insurance Company Limited,
through its Manager,
having its office at 6-A,
North Cotton Street,
Thoothukudi. ... Appellant
Vs.
1.Mahalinga Gandhi
2.B.Ravi ... Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, to set aside the order of the Motor Accident
Claims Tribunal/Additional District Judge, Fast Track Court No.I,
Thoothukudi made in M.C.O.P.No.288 of 2009 dated 18.04.2011.
For Appellant : Mr.C.Jawahar Ravindran
For R1 : No Appearance
For R2 : Given Up
JUDGMENT
Challenging the compensation award passed by the learned Motor
Accident Claims Tribunal/Additional District Judge, Fast Track Court
https://www.mhc.tn.gov.in/judis
No.I, Thoothukudi, in M.C.O.P.No.288 of 2009 dated 18.04.2011, the
appellant/second respondent has preferred this appeal.
2.The learned counsel appearing for the appellant/insurance
company submitted that the case is of injured claimant and the learned
Tribunal has fixed the percentage of permanent disability at 80%.
However, towards loss of income, the learned Tribunal has awarded Rs.
1,76,000/-. The accident happened on 29.10.2008 and the loss of income
ought to have been calculated for every percentage at a rate of Rs.2,000/-
and hence, according to the learned counsel appearing for the appellant
an amount of Rs.16,000/- is exorbitant under the Head of loss of income.
3.However, a perusal of the said order would reveal that the extra
amount of Rs.16,000/- could be adjusted towards extra nourishment
which was awarded at Rs.2,500/- and mental agony, which was awarded
at Rs.10,000/-. Hence, the compensation towards mental agony is
enhanced to Rs.18,000/- and for extra nourishment is enhanced to Rs.
10,500/-. Thus the total amount awarded will remain the same. Thereby,
the award of the learned Tribunal is partly modified.
https://www.mhc.tn.gov.in/judis
Head Compensation Compensation Reduced/Enhan
awarded before awarded before ced/
learned this Court Confirmed
Tribunal
(I)Partial Rs.1,76,000/- Rs.1,60,000/- Reduced
Permanent
Disability:
(ii)Mental Rs.10,000/- Rs.18,000/- Enhanced
Agony:
(iii)Transportati Rs.1,000/- Rs.1,000/- Confirmed
on Expenses:
(iv)Medical Rs.10,000/- Rs.10,000/- Confirmed
Expenses:
(v)Extra Rs.2,500/- Rs.10,500/- Enhanced
nourishment:
Total Rs.1,99,500/- Rs.1,99,500/- Confirmed
compensation
awarded:
4.The first respondent/claimant is entitled to a sum of Rs.
1,99,500/- as compensation with interest at the rate of 7.5% from the date
of the claim petition till the date of realization. The appellant/insurance
company is directed to deposit Rs.1,99,500/- with 7.5% interest from
date of the claim petition till the date of realization and the amount if not
deposited earlier, has to be deposited within a period of 8 weeks from the
date of receipt of copy of this order. On such deposit, the first
https://www.mhc.tn.gov.in/judis
respondent/claimant is permitted to withdraw the award amount with
proportionate interest after deducting any amount received by him earlier
without filing any formal petition before the Tribunal. The first
respondent/claimant is not entitled for interest for the default period, if
there is any.
5.In view of the same, the Civil Miscellaneous Appeal stands
partly allowed. There shall be no order as to costs.
29.11.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes
Mrn
https://www.mhc.tn.gov.in/judis
To
1.The Motor Accidents Claims Tribunal,
Additional District Judge, Fast Track Court No.I,
Thoothukudi
2.The Section Officer,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
L.VICTORIA GOWRI, J.
Mrn
29.11.2023
https://www.mhc.tn.gov.in/judis
