Madras High Court
The Oriental Insurance Company Ltd vs J.Ajay Kumar on 4 October, 2016
Author: T.Raja
Bench: T.Raja
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 04.10.2016 CORAM THE HONOURABLE MR.JUSTICE T.RAJA C.M.A. No.3710 of 2005 The Oriental Insurance Company Ltd., 5-A, North Cotton Road, Tuticorin 628 001 .. Appellant Versus 1.J.Ajay Kumar 1st respondent declared as major and his father discharged from guardian ship vide order of Court dated 01.08.2006 made in C.M.P. Nos.8813 and 8814 of 2006 2.B.Basil 3.The Managing Director, State Express Transport Corporation Ltd., Chennai. .. Respondents PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, 1988 against the judgment and decree dated 10.01.2003 made in M.C.O.P.No.2336/1999 on the file of the Motor Accidents Claims Tribunal, Fast Track Court No.IV, Chennai. For Appellant : Mr.N.Vijayaraghavan For Respondents : Mr.K.Varadhakamaraj for R1 J U D G M E N T
The Civil Miscellaneous Appeal, filed by the appellant/Insurance Company, is directed against the correctness of the impugned award dated 10.01.2003 made in M.C.O.P.No.2336/1999 on the file of the Motor Accidents Claims Tribunal, Fast Track Court No.IV, Chennai.
2.According to the claimant, on 31.05.1998, at about 19.15 hours, while the claimant was travelling as a passenger in a State Express Transport Corporation Bus, bearing Registration No.TN-01-N-6246, from Kanyakumari to Chennai, in Sathur to Madurai byepass road, an Omni Bus bearing Registration No.TN-69-A-3799, came towards South East direction and dashed against the State Transport Corporation Bus, in which, the claimant had sustained grievous multiple injuries.
3.Learned counsel appearing for the appellant/Insurance Company would contend that the learned Tribunal has grossly erred in awarding Rs.50,000/- towards medical expenses, which is not proved by acceptable documentary evidence. Learned Tribunal has also erred in awarding a sum of Rs.20,000/- under the head 'pain and suffering' and Rs.1,50,000/- under the head 'permanent disability', which are not supported by any evidence and therefore, the quantum of compensation is liable to be interfered with.
4.But this Court is not able to find any merit in the contentions made by the learned counsel for the appellant. Firstly, the injured/claimant, who was a poor passenger, by travelling in a bus belonging to the State Transport Corporation, met with an accident and sustained bone fracture in skull, forehead, left leg femur and multiple injuries in right shoulder hand, fingers, right eye, upper lip and a plate has been fixed for dislocation of hip and plastic surgery has also been done.
5.It is seen that the documents, namely, Discharge Summary issued by Government Hospital, Madurai/Ex.P12, Medical Bills given by Isabellah Hospital/Ex.P13, document produced by Puthur Hospital/Ex.P15 and document produced for taking eye treatment/Ex.P16, produced by the claimant, clearly show that he was taking treatment as inpatient from 21.05.1998 to 18.06.1998 at Government Hospital, Madurai, and he was taking treatment from 23.06.1998 to 10.08.1998 at Isabellah Hospital, Mylapore, Chennai, again he was taking treatment at Puthur Private Hospital and once again he was admitted as inpatient and took treatment from 24.04.2000 to 28.04.2000 at C.S.I. Multi Specialty Hospital, Chennai. The claimant, being a poor boy, after sustaining multiple injuries, was taking treatment as an inpatient for a long time. Therefore, the learned Tribunal, considering all the above facts, has awarded a sum of Rs.2,25,000/- towards total compensation. Hence, this Court T.RAJA,J.
vga is not able to interfere with the impugned award passed by the learned Tribunal and the same is confirmed. Accordingly, the Civil Miscellaneous Appeal fails and the same is dismissed. No costs. Consequently, Connected miscellaneous petitions are closed.
6.It is submitted that the entire award amount has already been deposited by the appellant/Insurance Company. Therefore, it is for the claimant to move a petition before the learned Tribunal for withdrawing the said amount.
04.10.2016 Index : Yes / No vga To
1. The Motor Accidents Claims Tribunal, Fast Track Court No.IV, Chennai
2.The Section Officer, V.R.Section, High Court, Madras.
C.M.A. No.3710 of 2005