The United India Insurance Co v. Dhanasekaran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.07.2019
CORAM:
THE HON'BLE Mr. JUSTICE R.MAHADEVAN Civil Miscellaneous Appeal No.2353 of 2007 & M.P.No.1 of 2007 United India Insurance Company Ltd., Cuddalore, New Town.
... Appellant/2nd Respondent ..vs..
1. Dhanasekaran ..1st Respondent/Claimant
2. R.Valli ... 2nd Respondent/1st Respondent Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award and decree, dated 28.03.2007 made in M.C.O.P.No.313 of 2006 on the file of the Motor Accident Claims Tribunal (Additional Sub Court), Cuddalore.
For Appellant : Mr. D.Bhaskaran For Respondents : Mr.N.Damodaran for R1 : No Appearance for R2
J U D G M E N T
This Civil Miscellaneous Appeal is directed against the award dated 28.03.2007 passed by the Motor Accident Claims Tribunal (Additional Sub Court), Cuddalore in M.C.O.P.No.313 of 2006.
2. Brief facts, which are necessary for the disposal of the Appeal, are as follows On 13.10.2004 at about 5.00 pm, the first respondent herein was travelling as a pillion rider in a motor cycle and while travelling near one Subramania Gounder's land, the second respondent's lorry bearing Regn.No.TM-31-D-6468 insured with the appellant insurance company driven by its driver in a rash and negligent manner, dashed against the first respondent herein. Due to the said accident, the first respondent herein sustained grievous injuries and multiple injuries all over his body. Immediately, he was taken to Government Head Quarters Hospital, Cuddalore, wherein, he was given first aid treatment. Thereafter he was taken treatment as in-patient at Pondicherry and then in
various private hospitals for better treatment. Stating so, the petitioner filed a claim petition claiming compensation of Rs.10,00,000/-.
3. The Tribunal, based on the materials available on record, has fixed the negligence on the part of the driver of the lorry and quantified the compensation at Rs.5,61,000/- payable with interest at 7.5% per annum. Aggrieved against the same, the insurance company has filed this appeal.
4. The learned counsel for the appellant / Insurance Company contended that this appeal is filed only in respect of quantum and the total compensation amount awarded is highly excessive and contrary to the principles laid down in the celebrated decisions on the point.
5. The learned counsel for the first respondent / claimant contended that the award passed by the Claims Tribunal is perfectly valid and does not require interference of this Court.
6. A perusal of award passed by the Claims Tribunal would go to show that to arrive at the quantum, the Tribunal has taken into consideration the evidence of Doctor-P.W.2, Venu Gopal, wherein, the Doctor has stated that implants has been done on the claimant and there is a fracture on left thigh and the claimant suffered discomfort while sitting in cross-legs and while squatting and ultimately has certified disability at 65%. However, the Tribunal has taken the same only at 50%. Further, in the absence of any documentary evidence with regard to monthly income, the Tribunal has taken only Rs.2,500/-, as monthly income and assessed the compensation. At this juncture, it is to be pointed out that the Hon'ble Supreme Court in the Syed Sadiq /Vs/United India Insurance Co.Ltd (2014) 2SCC 735, even for a person working in unorganized sector, has taken the monthly income at Rs.6,500/-. Hence, viewing from four squares, it cannot be said that the monthly income taken at Rs.2,500/- is on the higher side.
7. That apart, the Tribunal has also taken into consideration the compensation amount under other heads, such as Shock, Pain and Suffering at Rs.30,000/-, Extra Nourishment at Rs.20,000/-, Transport Expenses at Rs.10,000/- and quantified the total compensation at Rs.5,61,000/-. This Court is of the considered view that the amount awarded each and every heads by the Tribunal are based on weightage of evidence, settled principles of law and on convention basis, which do not require any interference at the hands of this Court.
8. Further more, the Tribunal has not awarded any amount towards Damage to Clothes, Attendant Charges and Medical
Expenses. Even if amounts are awarded under these counts, the amount awarded by the Tribunal is not excessive, infact it is low.
9. In such view of the matter, affirming the award of the Tribunal, this Civil Miscellaneous Appeal stands dismissed. No Costs.
10. At this juncture, the learned counsel for the appellant submitted that the entire compensation amount as awarded by the Claims Tribunal has already been deposited by the Insurance Company.
11. In view of the said submission, the Tribunal shall transfer the amount lying in the deposit to the credit of MCOP.No.313 of 2006, along with accrued interest thereon, to the Savings Bank Account of the first respondent herein through RTGS forthwith. Consequently, connected miscellaneous petition is closed.
s/d- Assistant Registrar(CS V) True Copy Sub-Assistant Registrar srk / vv To 1.The Additional Subordinate Court Motor Accident Claims Tribunal Cuddalore 2.The Section Officer, V.R.Section, Madras High Court, Chennai 104 +1 CC to Mr.D. Bhaskaran, Advocate sr 55290.
+1 CC to Mr.N.Damodaran, Advocate sr 54052.
C.M.A.No.2353 of 2007 & MP No.1 of 2007 TM(CO) SP(20/11/2019)