Cholamandalam Ms.General ... vs Sri.Bhanath Ramesh
2021 Latest Caselaw 4544 Tel

       HONOURABLE Dr. JUSTICE CHILLAKUR SUMALATHA

                    M.A.C.M.A.No.1348 of 2017

JUDGMENT:

Challenge in this appeal is the Award passed by the Court of

XIII Additional Chief Judge (Fast Track Court), City Civil Court,

Hyderabad, in MVOP.No.1037 of 2011, dated 27.9.2016.

Heard the submissions of the learned counsel for the appellant-

insurance company and the learned counsel appearing for respondent

No.1-claimant.

Learned counsel for the appellant contended that though number

of grounds were urged disputing the correctness of the Award of the

Tribunal, yet having regard to the nature of injuries sustained by the

insured during the course of accident, his stress is only on awarding of

Rs.50,000/- towards loss of earnings though separate amount in bulk

was awarded towards loss of earnings taking into consideration the

disability suffered by the claimant. Learned counsel further submitted

that a sum of Rs.7,39,500/- was awarded as compensation for loss of

earnings due to disability, but the Tribunal again awarded Rs.50,000/-

towards loss of earnings which is unsustainable.

Per contra, learned counsel appearing for respondent No.1-

claimant submitted that respondent No.1 is still bedridden and he is

completely disabled and the same is brought on record through the

disability certificate and the other evidence adduced and therefore, the

Tribunal awarded just compensation, but, however a separate amount 2 Dr.CSL , J MACMA.No.1348 of 2017

of Rs.50,000/- was awarded towards loss of earnings though a sum of

Rs.7,39,500/- was awarded towards loss of earnings taking into

consideration the percentage of disability suffered by the claimant and

therefore, this Court can pass an appropriate order to that effect.

A perusal of the Award of the Tribunal goes to show that a sum

of Rs.7,39,500/- was awarded towards loss of earnings taking into

consideration the nominal income of respondent No.1-claimant as

Rs.50,000/- per annum and the disability as 87% by applying '17' as

multiplier. Therefore, the Tribunal ought not to have again awarded

Rs.50,000/- for loss of earnings, that too without giving sufficient

reasons as to why it was again granted.

Having regard to the submissions made by both the learned

counsel, this Court considers it desirable to deduct the said sum of

Rs.50,000/- awarded towards loss of earnings from the total amount

awarded as compensation by the Tribunal.

In the result, the appeal is allowed in part, reducing the amount

of compensation awarded to respondent No.1-claimant from

Rs.8,79,000/- to Rs.8,29,000/- (Rupees Eight lakhs twenty nine

thousand only). The Award of the Tribunal in all other aspects holds

good.

___________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA 22.12.2021 dr