Madras High Court
Divisional Manager vs Sankar ... R1 In Cma No.1968/2007 on 26 August, 2019
Equivalent citations: AIRONLINE 2019 MAD 713
Author: R.Mahadevan
Bench: R.Mahadevan
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.08.2019
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
C.M.A.Nos.1968 to 1971 of 2007
and C.M.P.Nos.2674 to 2677 of 2007
Divisional Manager
United India Insurance Co.Ltd.
Nethaji Road, Cuddalore. ... Appellant in all appeals
Vs
Sankar ... R1 in CMA No.1968/2007
Thara ... R1 in CMA No.1969/2007
Natarajan ... R1 in CMA No.1970/2007
Kumaravelu @ Kumar ... R1 in CMA No.1971/2007
Viswanathan
(Ex-parte before the Lower Court
and hence notice may be dispensed
with). ... R2 in all appeals
C.M.A.No.1968 of 2007 filed under Section 173 of the Motor
Vehicles Act against the judgment and decree dated 23.03.2005 made
in MCOP No.409 of 2002 on the file of the Motor Accidents Claims
Tribunal, Principal Subordinate Court, Cuddalore.
C.M.A.No.1969 of 2007 filed under Section 173 of the Motor
Vehicles Act against the judgment and decree dated 23.03.2005 made
in MCOP No.353 of 2003 on the file of the Motor Accidents Claims
Tribunal, Principal Subordinate Court, Cuddalore.
http://www.judis.nic.in
2
C.M.A.No.1970 of 2007 filed under Section 173 of the Motor
Vehicles Act against the judgment and decree dated 23.03.2005 made
in MCOP No.356 of 2003 on the file of the Motor Accidents Claims
Tribunal, Principal Subordinate Court, Cuddalore.
C.M.A.No.1971 of 2007 filed under Section 173 of the Motor
Vehicles Act against the judgment and decree dated 23.03.2005 made
in MCOP No.357 of 2003 on the file of the Motor Accidents Claims
Tribunal, Principal Subordinate Court, Cuddalore.
For Appellant : Mr.N.Vijayaraghavan
For Respondents : No appearance for R1 in CMA No.1968/2007
Mr.R.Nalliyappan for R1 in C.M.A.Nos.
1969 and 1970/2007
Mr.R.Natarajan for R1 in CMA No.1971/2007
COMMON JUDGMENT
The case in brief, is as follows:
On 27.12.2000, the first respondent in these appeals were travelling as passengers in a van bearing Reg.No.PY-01-T-2228 from North to South direction in the Madras – Trichy Trunk Road. When the van reached the P.K.Agaram Bus Stop at about 2.00 p.m., the bus bearing Reg.No.TN-09-T-9199 belonging to the second respondent in these appeals and insured with the appellant Insurance Company, http://www.judis.nic.in 3 came from the opposite direction in a rash and negligent manner and hit against the said van. Due to the said impact, the first respondent in these appeals sustained grievous injuries. They filed claim petitions before the Tribunal. On consideration of the materials and evidence available on record, the Tribunal awarded compensation and the details of the same are as under:
CMA No. MCOP No. Amount of
compensation
(Rs.)
1968 of 2007 409/2002 2,60,037/-
1969 of 2007 353/2003 2,25,000/-
1970 of 2007 356/2003 2,30,000/-
1971 of 2007 357/2003 1,75,265/-
These amounts have been awarded, with interest at the rate of 9% per annum from the respective dates of petitions.
2.Challenging the awards passed by the Tribunal, the appellant Insurance Company has come up with the present Civil Miscellaneous Appeals.
3.The learned counsel for the appellant Insurance Company has submitted that the compensation awarded by the Tribunal to the claimants herein are exorbitant considering the nature of injuries http://www.judis.nic.in 4 sustained by them. He submitted that the Tribunal has awarded huge sums for permanent disability and loss of earning power. Stating so, he prayed for reducing the quantum of compensation.
4.The learned counsel for the first respondent/claimants in these appeals, have submitted that the Tribunal has rightly considered the materials and evidence and has rightly awarded the compensation which is just, fair and reasonable and hence the awards passed by the Tribunal does not require any interference in the hands of this Court.
5.Heard the learned counsel on either side and perused the materials available on record carefully and meticulously.
6.Since the finding of the Tribunal that the accident had occurred only due to the rash and negligent driving of the driver of the bus is not questioned by the learned counsel for the appellant Insurance Company, this Court is not inclined to interfere with the said finding.
7.The details of compensation awarded by the Tribunal in respect of CMA No.1968 of 2007 (MCOP No.409 of 2002), are as follows:
http://www.judis.nic.in 5 HEADS AMOUNT (Rs.) Pain, suffering and mental agony 10,000/-
Extra nourishment 2,000/-
Attender charges 3,000/-
Medical expenses 33,037/-
Permanent disability 75,000/-
Loss of income during the
treatment period 12,000/-
Loss of future earning capacity due to permanent disability 1,25,000/-
------------------
TOTAL.... 2,60,037/-
==========
8.The details of compensation awarded by the Tribunal in respect of CMA No.1969 of 2007 (MCOP No.353 of 2003), are as follows:
HEADS AMOUNT
(Rs.)
Pain, suffering and mental agony 10,000/-
Extra nourishment 2,000/-
Attender charges 3,000/-
Permanent disability 75,000/-
Loss of income during the
treatment period 10,000/-
http://www.judis.nic.in
6
Loss of future earning capacity due to permanent disability 1,25,000/-
------------------
TOTAL.... 2,25,000/-
==========
9.The details of compensation awarded by the Tribunal in respect of CMA No.1970 of 2007 (MCOP No.356 of 2003), are as follows:
HEADS AMOUNT
(Rs.)
Pain, suffering and mental agony 10,000/-
Extra nourishment 2,000/-
Attender charges 3,000/-
Permanent disability 75,000/-
Loss of income during the
treatment period 15,000/-
Loss of future earning capacity due to permanent disability 1,25,000/-
------------------
TOTAL.... 2,30,000/-
==========
10.The details of compensation awarded by the Tribunal in respect of CMA No.1971 of 2007 (MCOP No.357 of 2003), are as follows:
http://www.judis.nic.in 7 HEADS AMOUNT (Rs.) Pain, suffering and mental agony 10,000/-
Extra nourishment 2,000/-
Attender charges 3,000/-
Medical expenses 1,265/-
Permanent disability 30,000/-
Loss of income during the
treatment period 9,000/-
Loss of future earning capacity due to permanent disability 1,00,000/-
------------------
TOTAL.... 1,55,265/-
==========
Even though the total compensation works out to Rs.1,55,265/- in respect of MCOP No.357 of 2003 (CMA No.1971 of 2007), the Tribunal has awarded a sum of Rs.1,75,265/-.
11.The injuries sustained by the injured are simple in nature. Considering the nature of injuries sustained by the injured, this Court is of the opinion that the amounts awarded by the Tribunal towards permanent ability, are on the higher side and it would be appropriate to award a sum of Rs.1,000/- per percentage of disability. Further, the Tribunal has awarded a huge sum towards loss of future earning on http://www.judis.nic.in 8 account of permanent disability. Having awarded a sum towards permanent disability, the amount awarded towards loss of future earning capacity on account of permanent disability, is on the higher side. Hence, it would be appropriate to reduce the amount awarded by the Tribunal towards this head to Rs.25,000/- in all these cases. With regard to the amounts awarded towards other heads, the Tribunal has correctly considered the materials and evidence and has awarded reasonable compensation towards these heads and hence the same are confirmed. The interest rate fixed by the Tribunal at 9% per annum from the date of petition, is on the higher side, since the rate of interest at the relevant point of time was 7.5%. Hence, the interest rate fixed by the Tribunal stands modified to 7.5% per annum from the date of petition. The details of the modified compensation are as follows:
CMA No.1968 of 2007 (MCOP No.409 of 2002):
HEADS AMOUNT
(Rs.)
Pain, suffering and mental agony 10,000/-
Extra nourishment 2,000/-
Attender charges 3,000/-
http://www.judis.nic.in
9
Medical expenses 33,037/-
40% Permanent disability 40,000/-
Loss of income during the
treatment period 12,000/-
Loss of future earning capacity due to permanent disability 25,000/-
------------------
TOTAL.... 1,25,037/-
==========
Thus, the first respondent in C.M.A.No.1968 of 2007 is entitled to the modified compensation of Rs.1,25,037/- with interest at the rate of 7.5% per annum from the date of petition.
CMA No.1969 of 2007 (MCOP No.353 of 2003):
HEADS AMOUNT
(Rs.)
Pain, suffering and mental agony 10,000/-
Extra nourishment 2,000/-
Attender charges 3,000/-
45% Permanent disability 45,000/-
Loss of income during the
treatment period 10,000/-
Loss of future earning capacity http://www.judis.nic.in 10 due to permanent disability 25,000/-
------------------
TOTAL.... 95,000/-
==========
Thus, the first respondent in C.M.A.No.1969 of 2007 is entitled to the modified compensation of Rs.95,000/- with interest at the rate of 7.5% per annum from the date of petition. CMA No.1970 of 2007 (MCOP No.356 of 2003):
HEADS AMOUNT
(Rs.)
Pain, suffering and mental agony 10,000/-
Extra nourishment 2,000/-
Attender charges 3,000/-
40% Permanent disability 40,000/-
Loss of income during the
treatment period 15,000/-
Loss of future earning capacity due to permanent disability 25,000/-
------------------
TOTAL.... 95,000/-
==========
http://www.judis.nic.in
11
Thus, the first respondent in C.M.A.No.1970 of 2007 is entitled to the modified compensation of Rs.95,000/- with interest at the rate of 7.5% per annum from the date of petition. CMA No.1971 of 2007 (MCOP No.357 of 2003):
HEADS AMOUNT
(Rs.)
Pain, suffering and mental agony 10,000/-
Extra nourishment 2,000/-
Attender charges 3,000/-
Medical expenses 1,265/-
40% Permanent disability 40,000/-
Loss of income during the
treatment period 9,000/-
Loss of future earning capacity due to permanent disability 25,000/-
------------------
TOTAL.... 90,265/-
==========
Thus, the first respondent in C.M.A.No.1971 of 2007 is entitled to the modified compensation of Rs.90,265/- with interest at the rate of 7.5% per annum from the date of petition. http://www.judis.nic.in 12
12.The appellant Insurance Company is directed to deposit the modified award amounts with interest, as ordered above by this Court, after deducting the amounts if any already deposited, within a period of six weeks from the date of receipt of a copy of this judgment. On such deposit being made, the first respondent in these appeals shall withdraw their respective shares, on making proper application before the Tribunal.
13.The Civil Miscellaneous Appeals are partly allowed. No costs. Consequently, the connected miscellaneous petitions are closed.
Index : Yes/No 26.08.2019
Internet : Yes/No
KM
To
1.The Motor Accidents Claims Tribunal Principal Subordinate Court, Cuddalore.
2.The Section Officer, VR Section, Madras High Court.
http://www.judis.nic.in 13 R.MAHADEVAN, J.
KM C.M.A.Nos.1968 to 1971 of 2007 and C.M.P.Nos.2674 to 2677 of 2007 26.08.2019 http://www.judis.nic.in