Madras High Court
The New India Assurance Co. Ltd vs M.Mahendra Singh on 18 October, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
C.M.A.Nos.3119 & 3521 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.10.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
C.M.A.Nos.3119 & 3521 of 2010
and
M.P.Nos.1 of 2010
The New India Assurance Co. Ltd.,
Motor Third Party Cell, V Floor,
No.45, Moore Street,
Chennai 600 001. ...Appellant in C.M.A.No.3119 of 2010
M.Mahendra Singh ... Appellant in C.M.A.No.3521 of 2010
Vs.
1. M.Mahendra Singh
2. S.Pandurangan ... Respondents in C.M.A.No.3119 of 2010
1. S.Pandurangan
2. The New India Assurance Co. Ltd.,
No.45, Moore Street, V Floor,
Chennai 600 001. ... Respondents in C.M.A.No.3521 of 2010
Common Prayer: The Civil Miscellaneous Appeal filed under Section 173 of
Motor Vehicles Act, 1988 against the judgment and decree dated 30.06.2010
made in M.A.C.T.O.P.No.1514 of 2007, on the file of the V Small Causes
Court (Motor Accidents Claims Tribunal), Chennai.
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C.M.A.Nos.3119 & 3521 of 2010
C.M.A.No.3119 of 2010
For Appellant : Mr.M.Krishnamoorthy
For R1 : Mr.M.Mahendran
for N.M.Muthurajan
For R2 : Ex-parte
C.M.A.No.3521 of 2010:
For Appellant : Mr.M.Mahendran
for N.M.Muthurajan
For R1 : Ex-parte
For R2 : Mr.M.Krishnamoorthy
COMMON JUDGEMENT
Since the issue involved in both the appeals are one and the same,
with the consent of the learned counsel for the parties, both the appeals were
heard together and disposed of by this common order.
2. Challenging the awards passed by the Motor Accidents Claims
Tribunal, V Small Causes Court (Motor Accidents Claims Tribunal), Chennai,
in M.A.C.T.O.P.No.1514 of 2007 dated 30.06.2010, the appellant/insurance
company and claimants have preferred the above appeals.
3. The facts in brief are as follows :-
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C.M.A.Nos.3119 & 3521 of 2010
On 10.11.2006 at about 16.50 hours, while the first respondent in
C.M.A.No.3119 of 2010 and appellant in C.M.A.No.3521 of 2010 was
travelling as a passenger in Share Auto bearing Reg.No.TN 21 D 3215 along
with other passengers from Mugappair to Kalpakkam, at that time, a TATA
Sumo Car bearing Reg.No.TN 49 P 1113, driven by one R.H.Alexander, which
came from the opposite direction in a rash and negligent manner and dashed the
said auto rickshaw. Due to the impact of the said accident, the claimant
sustained multiple injuries all over his body. Hence, the claimant a made claim
petition before the Tribunal claiming a sum of Rs.25,00,000/- as compensation.
4. On consideration of oral and documentary evidence, the Tribunal
has awarded a sum of Rs.9,89,500/- towards compensation to the claimant.
Being not satisfied and aggrieved by the said compensation amount awarded by
the Tribunal, the appellant/Insurance Company and claimant have preferred
these appeals.
5. The learned counsel for the insurance company submits that the
claim of Rs.25,00,000/- is highly excessive and without any basis. He further
submits that the claimant neither proved his occupation and income nor the loss
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C.M.A.Nos.3119 & 3521 of 2010
of employment. Hence the Tribunal has not justified in applying the multiplier
method for arriving at the loss of earning. He further submits that the Tribunal
without following the guidelines, has erred in awarding the compensation in
medical expenses in the absence of any evidence.
6. Per contra the learned counsel for the claimant submits that the
claimant was suffering from 75% permanent disability, hence lost his earning
capacity totally. However, the Tribunal has arrived at the loss of earning at 75%
only instead of 100%. Hence, the award of the Tribunal may be interfered with
and may be enhanced.
7. Heard the learned counsel for the insurance company and the
learned counsel for the claimant and perused the materials placed on record.
8. It is not in dispute that the injured claimant has suffered injuries in
the accident which occurred on 10.11.2006. It is admitted case that on account
of the negligent driving of the driver of the TATA Sumo Car, the accident had
happened. With regard to the quantum of compensation arrived at, the Tribunal
has taken the income of the claimant at Rs.4,500/- per month and arrived a sum
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C.M.A.Nos.3119 & 3521 of 2010
of Rs.6,88,500/- as compensation under the head loss of earning which needs
no interference. With regard to the attender charges, the Tribunal has awarded a
sum of Rs.25,000/- which needs interference and the same is reduced at
Rs.10,000/-. With regard to extra nourishment, the Tribunal has awarded a sum
of Rs.10,000/- which is highly excessive and the same needs to be modified by
this Court. Hence, this Court is inclined to modify the amount under the head
extra nourishment at Rs.5,000/- which would be just and reasonable. With
regard to damage to clothing, the Tribunal awarded a sum of Rs.1,000/- which
is on the lower side and the same is enhanced to a sum of Rs.5,000/-.
9. Insofar as the compensation awarded under the heads agony, loss of
amenities, disfigurement, loss of expectancy of life and loss of social status, no
compensation can be awarded under such heads as those heads are not
conventional heads, which does not attract any compensation. Therefore, the
compensation awarded under the said heads are accordingly set aside. Insofar
as the compensation awarded under the other heads, they are just and
reasonable and the same does not require any interference.
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C.M.A.Nos.3119 & 3521 of 2010
10. In the above circumstances, the compensation awarded by the
Tribunal in M.C.O.P.No.1514 of 2007 is modified as under :-
S.No. Description Awarded by the Awarded by this
Tribunal Court (Amount
(Amount in in Rs.)
Rs.)
1 Loss of earning due to 6,88,500/- 6,88,500/-
disability
2 Agony 50,000/- -
3 Loss of amenities 50,000/- -
4 Attendant charges 25,000/- 10,000/-
(reduced)
5 Disfigurement 50,000/- -
6 Loss of expectancy of life 25,000/- -
7 Loss of social status 25,000/- -
8 Transport charges 5,000/- 5,000/-
9 Extra nourishment 10,000/- 5,000/-
(reduced)
10 Damages to clothing 1,000/- 5,000/-
(enhanced)
11 Medical expenses 10,000/- 10,000/-
12 Pain and suffering 50,000/- 50,000/-
Total 9,89,500 7,73,500/-
11. The appeal in C.M.A.No.3119 of 2010 filed by the insurance
company is partly allowed and the impugned Award of the Tribunal in
M.C.O.P.No. 1514 of 2007 is modified by reducing the compensation amount
from Rs.9,89,500/- to Rs.7,73,500/-. However, the appeal in C.M.A.No.3521 of
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C.M.A.Nos.3119 & 3521 of 2010
2010 filed by the claimant is dismissed. The Insurance Company is directed to
deposit the said amount to the credit of M.C.O.P.No.1514 of 2007 along with
interest at the rate of 7.5% per annum from the date of claim petition till the
date of deposit and costs as awarded by the Tribunal, less, the amount, if any
already deposited, within a period of six (6) weeks from the date of receipt of a
copy of this judgment.
12. On deposit being made in M.C.O.P.No.1514 of 2007, the
Tribunal is directed to transfer the said amount through RTGS along with
accrued interest to claimant within a period of two (2) weeks thereafter. There
shall be no order as to costs in these appeals. Consequently, connected
miscellaneous petition is closed.
18.10.2024
rap
Speaking Order : Yes/No
Index : Yes/No
NCC : Yes/No
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C.M.A.Nos.3119 & 3521 of 2010
To
1. Small Causes Court (Motor Accidents Claims Tribunal), Chennai.
3.The Section Officer, V.R. Section, High Court, Madras.
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C.M.A.Nos.3119 & 3521 of 2010
M.DHANDAPANI, J.
rap
C.M.A.Nos.3119 & 3521 of 2010
18.10.2024
https://www.mhc.tn.gov.in/judis
