M/S.United India Insurance v. Thiru E.Krishnamoorthy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Judgment Reserved on : 18.03.2019 Judgment Pronounced on : 21.06.2019
CORAM:
THE HONOURABLE Mr.JUSTICE RMT.TEEKAA RAMAN C.M.A.No.3475 of 2011 and MP.No.1 of 2011 M/s United India Insurance Co. Ltd., No.14, Whites Road, Sudarsan Building, 2nd Floor, Chennai - 600 014.
... Appellant
Versus
1. Thiru. E. Krishnamoorthy
2. Thiru. N.Sudhakar Babu ... Respondents Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Award and Decree dated 27.08.2009 made in MCOP.No.825 of 2007 on the file of the Motor Accident Claims Tribunal (Additional District & Sessions - Judge), Fast Tract Court - II, Poonamallee, Thiruvallur. For Appellant : J.Chandran For Respondents : No Appearance
JUDGMENT
The Insurance company is the appellant herein, challenging the award of compensation dated 27.08.2009 passed in MCOP.No.825 of 2007 on the file of the Motor Accident Claims Tribunal (Additional District & Sessions - Judge), Fast Tract Court - II, Poonamallee, Thiruvallur, on the ground of quantum. 2.The factum of the accident, rash and negligence on the part of the driver of the first respondent's Car bearing Registration No.PY-01, C-9021, are not in dispute and hence, in this regard, the findings of the Tribunal are hereby confirmed. Hence, this Court does not traverse into those aspects once again.
3.On the point of quantum, I have heard and perused the materials available on record.
4.It is submitted by the learned counsel for the appellant/ Insurance company that the policy is only a liability policy, however, for the reasons best known, the policy has not been marked on either before the Tribunal or before this Court. In the absence of policy, the said contention raised by the appellant/Insurance company is not substantiated. Accordingly, the same is hereby stands rejected.
5.PW.2/Doctor, examined the injured-claimant and issued Ex.P8/Disability Certificate, in which, 25% of disability is assessed for the severe injuries and 15% of disability for the simple injuries, and totally the disability is arrived at 40%. Hence, Ex.P8/Disability Certificate is the specific evidence marked by PW.1/injured-claimant.
6. After going through the records, it clearly shows that at the time of accident, the claimant has completed his post graduate M.Sc., Computer Science and working as a System Engineer and Analyst in Wipro Company Ltd., Chennai and earning a sum of Rs.30,000/- per month. Due to the said accident, the claimant's vision was diminished.
7.PW.2/Doctor,deposed that the claimant is unable to do official work as before the accident, which is substantiated by the evidence of Ex.P8/Disability certificate. As per the Scan report/Ex.6 and Ex.P7/X-ray, PW.2/Doctor has categorically stated that the claimant suffered left upper jaw bone fracture and due to that effect, the claimant could not open his mouth fully and he is unable to chew hard substances and if chewed, he would get pain and swelling at Maxillary Sinus. Due to continuous tear of weeping on his left eye, his vision was diminished and there is also a cut injury near the left eye. Hence, his left eye vision also got damaged considerably. 8.Taking into consideration the entire evidence of PW.2/Doctor, who assessed the disability at 40%, a sum of Rs.
40,000/- is awarded for his disability and the same cannot be termed as excessive and the other various heads awarded by the Tribunal are also considerably reasonable and fair. 9.With regard to the quantum, the compensation of Rs.2,07,600/- awarded by the Tribunal is incommensurate with the damages afflicted on the claimant. Hence, this Court does not want to interfere with the award passed by the Tribunal and the same is hereby confirmed.
10.In the result, (i) the Civil Miscellaneous Appeal is dismissed. (ii) by confirming the Award and Decree dated 27.08.2009 made in MCOP.No.825 of 2007 on the file of the Motor Accident Claims Tribunal (Additional District & Sessions - Judge), Fast Tract Court - II, Poonamallee, Thiruvallur.
(iii)The appellant/Insurance Company is directed to deposit the amount as determined by the Tribunal together with interest at the rate of 7.5% per annum and costs, after adjusting amount, if any, already deposited, within a period of eight weeks from the date of copy of this Judgment.
(iv)On such deposit being made, the claimant is entitled to withdraw the same with accrued interest, less the amount if any, already withdrawn. No costs. Consequently, the connected miscellaneous petition is closed.
s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar klt To 1.The Additional District and Sessions Judge The Motor Accident Claims Tribunal (Additional District & Sessions - Court), Fast Track Court - II, Poonamallee, Thiruvallur.
2. The Section Officer, V.R. Section, High Court, Madras - 104.
+1 CC to Mr.J. Chandran, Advocate sr 51874.
C.M.A.No.3475 of 2011 BR(CO) SP(20/11/2019)