Madras High Court
The United India Insurance vs Ranjitham on 3 July, 2014
Author: S.Manikumar
Bench: S.Manikumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.07.2014 CORAM THE HONOURABLE MR.JUSTICE S.MANIKUMAR C.M.A.No.1916 of 2014 and M.P.No.1 of 2014 (CMA.SR.No.43647/2006) The United India Insurance Company Limited, Nethaji Road, Manjakuppam, Cuddalore. ... Appellant vs. 1.Ranjitham 2.Aruldoss ... Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award and decree, dated 22.11.2005 made in M.C.O.P.No.224 of 2005 on the file of Motor Accidents Claims Tribunal (Principal Sub Judge), Cuddalore. For Appellant : Mr.Sathish Babu J U D G M E N T
Quantum of compensation of Rs.1,41,200/- awarded with interest @7.5% per annum to the victim, aged about 40 years, who sustained a fracture in the left side rib, and assessed to have suffered 40% disablement, by PW2-Doctor, is the only challenge, in this appeal, which has been filed with the delay of 49 days.
2.As per Registry's note, the respondents/claimants have not been served. On this day, when the petition came up for hearing in M.P.No.1 of 2006, for condonation of delay, Mr.Sathish Babu, representing the learned counsel for the appellant - United India Insurance Company, submitted that the compensation amount with proportionate accrued interests and costs, has not been deposited so far. Adverting to the only challenge on quantum, perusal of the award shows that in the accident, which occurred on 18.08.2004, the respondent, a fish vendor, sustained a fracture of left side rib. To prove that she sustained injuries and underwent treatment in the hospital, the respondent/claimant has marked Ex.P.2-18.08.2004-Wound Certificate and Ex.P.3-28.08.2004-Discharge summary. PW2-Doctor, who clinically examined the respondent/claimant with reference to the medical records, including Ex.P.10-X-ray, taken at the time of examination, has noticed that there was physical discomfort. According to him, during clinical examination, he has noticed that there was weakness in the muscles. Having regard to the discomfort in breathing, sleeping and malunion of the fracture bones, he has assessed the extent of disablement as 40%. Fixing the monthly income of the injured as Rs.1500/- and considering the functional disablement of the upper limb and the evidence of the respondent/claimant that she could not lift the fish basket and carry on work, as before, the Claims Tribunal has awarded Rs.1,15,200/- towards the loss of earning capacity, by applying 16 multiplier. In addition to the above, the Claims Tribunal has awarded Rs.15,000/- under the head pain and suffering, Rs.10,000/- for nutrition and Rs.1,000/- for transportation. Altogether, the Claims Tribunal has awarded Rs.1,45,200/- as compensation with interest @7.5% per annum, from the date of claim, till the date of realisation.
3.Though Mr.Sathish Babu, representing the learned counsel for the Insurance Company submitted that rib fracture has not been described as disability under section 142 of the Motor Vehicle's Act and the Claims Tribunal has awarded compensation of Rs.1,15,200/- under the head loss of earning capacity, this Court is not inclined to accept the said contention. Section 142 of the Motor Vehicle's Act, 1988, states that the permanent disablement of a person shall be deemed to have resulted from an accident of the nature referred to in sub-section (1) of section 140 if such person has suffered by reason of the accident, any injury or injuries involving :-
(a)permanent privation of the sight of either eye or the hearing of either ear, or privation of any member or joint; or
(b)destruction or permanent impairing of the powers of any members or joint; or
(c) permanent disfiguration of the head or face.
4.In the case on hand, on account of fracture of rib and malunion, PW2 Doctor has assessed that there is disablement of the upper limb. Treatment records produced by the respondent/claimant shows that she was hospitalised for nearly 11 days. Quantum of compensation awarded cannot be said to be excessive, warranting interference. The Civil Miscellaneous Appeal is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.
5.Consequent to the dismissal of the appeal, the appellant Insurance Company is directed to deposit the award amount, with proportionate accrued interest and costs, less the statutory deposit, to the credit of M.C.O.P.No.224 of 2005 on the file of Motor Accidents Claims Tribunal (Principal Sub Judge), Cuddalore, within a period of three weeks from the date of receipt of a copy of this order, if not deposited earlier. On such deposit, the respondent/claimant is permitted to withdraw the entire award amount with accrued interest and costs, by making necessary applications.
Further, the Claims Tribunal is directed to display the copy of the order in the official notice board, showing the names of the parties and their respective counsels. If disbursement of compensation has not been made, the Claims Tribunal is directed to ascertain the credentials of the parties before making payment.
03.07.2014 Index :Yes/No Internet :Yes/No mps To The Motor Accidents Claims Tribunal (Principal Sub Judge), Cuddalore.
S. MANIKUMAR, J, mps C.M.A.No.1916 of 2014 and M.P.No.1 of 2014 (CMA.SR.No.43647/2006) 03.07.2014