M/S The New Assurance Co Ltd v. Tr.R.Narishman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.02.2019
CORAM:
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN C.M.A.No.2879 of 2011 and M.P.No.1 of 2011 M/s. The New Assurance Co. Ltd., Vellore. ...Appellant/2nd Respondent Vs.
1.R.Narishman 2.M.Senthil ... Respondents/Petitioner/1st Respondent PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award and decree dated 19.11.2007, in M.C.O.P.No. 487 of 2002 on the file of the Motor Accidents Claims Tribunal, Cheyyar, Tiruvannamalai District. For Appellant : Mr.J.Chandran For Respondents : Mr.K.G.Senthil Kumar for R1
JUDGMENT
This Civil Miscellaneous Appeal is filed by the New Assurance Company Limited, challenging, the Judgment and decree passed in M.C.O.P.No. 487 of 2002, on the file of the Motor Accidents Claims Tribunal, Cheyyar, Tiruvannamalai District. They have filed the present appeal questioning both the liability to pay compensation as well as the quantum of compensation awarded by the Tribunal.
2. The brief case of the first respondent/claimant is as follows:
On 24.06.2002, the first respondent/claimant was riding his two wheeler bearing Registration No. TN 25 Y 4021, at about 05.00 pm, he stopped his two wheeler near Brahmadesam, Pudhur Bus stand. While, sitting on his two wheeler, he was talking to his friend one Ganesan, at that time, another two wheeler bearing Registration No. TN 25 X 3043, hit the two wheeler bearing Registration No. TN 25 Y 4021, as a result of which, the first respondent/claimant fell down and sustained grievous injuries. Immediately, he was taken to CMC Hospital, where he
was treated as an inpatient for 14 days and as an outpatient for 3 months. According to the first respondent/claimant, the rash and negligent driving of the driver of the two wheeler bearing Registration No. TN 25 X 3043, belonging to the second respondent herein, was the cause of the accident, and that, since, the same was insured with the New Assurance Company Limited, both of the owner and the insurer are jointly and severally liable to pay compensation of Rs.5,00,000/- to him.
3. The learned Tribunal after taking note of the oral and documentary evidence, awarded compensation of Rs.1,21,222/- together with interest at the rate of 7.5% per annum to the first respondent/claimant. Aggrieved over the orders passed by the Tribunal, the New Assurance Company has filed the present appeal under Section 173 of the Motor Vehicles Act, 1988.
4. The learned counsel appearing for the appellant would contend that the Tribunal has awarded a sum of Rs.40,000/- towards the 'disability'
sustained by the first respondent/claimant and another sum of Rs.20,000/- towards the 'two grievous injuries'
sustained by the first respondent/claimant. He would contend that, if, compensation is awarded under the head 'disability', then there is no need to award compensation under the head 'two grievous injuries', but, the Tribunal has wrongly awarded compensation under these two heads. He would further contend that the compensation awarded under the other heads are also excessive.
5. Heard both sides.
6. After going through the documents adduced before this Court, namely, the wound certificate (ex.p8) and the wound certificate (ex.p2) issued by the CMC Hospital, it could be seen that the Tribunal has awarded a sum of Rs.40,000/- towards the 'disability' sustained by the first respondent/claimant and another sum of Rs.20,000/- towards the 'two grievous injuries' sustained by the first respondent/claimant. Awarding compensation under the two different heads namely 'disability' and 'two grievous injuries' is not necessary. Therefore, the award of Rs.20,000/- passed in respect of 'two grievous injuries' is alone hereby set aside.
7. Accordingly, the award of the Tribunal in M.C.O.P.No. 487 of 2002 is modified as follows:
Sl.
No.
Particulars Amount granted by the Tribunal Amount granted by this Court 1 Two grievous injuries Rs.20,000/- NIL
Sl.
No.
Particulars Amount granted by the Tribunal Amount granted by this Court
2. Disability Rs.40,000/- Rs.40,000/-
3. Extra nourishment Rs.2,000/- Rs.2,000/-
4. Pain and sufferings Rs.10,000/- Rs.10,000/-
5. Medical expenses Rs.40,222/- Rs.40,222/-
6. Loss of amenities Rs.5,000/- Rs.5,000/-
7. Transportation Rs.2,000/- Rs.2,000/-
8. Loss of Income Rs.2,000/- Rs.2,000/- Total Rs.1,21,222 /- Rs.1,01,222/- The compensation awarded by the Tribunal is scale down from Rs.1,21,222/- to Rs.1,01,222/- which shall carry interest at the rate of 7.5% per interest.
8. In the result, (i) The Civil Miscellaneous Appeal is allowed in part. No costs. Consequently, the connected Miscellaneous Petition is closed.
(ii) The quantum of compensation awarded by the Tribunal is scaled down from Rs.1,21,222 /- to Rs.1,01,222 /-, which shall carry interest at the rate of 7.5% per annum. (iii) It is represented by the learned counsel appearing for the present appellant - Insurance Company that, at the time of admission, the Insurance company have deposited the entire award amount. Therefore, the present appellant is permitted withdraw the balance of Rs.20,000/- along with the proportionate interest after following due process of law.
(iv) The first respondent/claimant is permitted to withdraw the entire compensation awarded to him after following the due process of law.
Sd/- Assistant Registrar //True copy// Sub Assistant Registrar mbi
To 1.
The Motor Accidents Claims Tribunal Judge, The Motor Accidents Claims Tribunal, Cheyyar, Tiruvannamalai District.
2.
The Section Officer, VR Section, High Court, Madras +1cc to Mr.KG.Senthilkumar, Advocate SR.No.15819 +1cc to Mr.J.Chandran, Advocate SR.No.16229 C.M.A.No.2879 of 2011 and M.P.No.1 of 2011 KK(CO) GMY(21/05/2019)