Oriental Insurance Company Limited vs Mahalinga Gandhi
2023 Latest Caselaw 15321 Mad

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.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

L.VICTORIA GOWRI, J.

Mrn

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.

29.11.2023

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