M/S.National Insurance Company v. A.Abdul Asha,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.09.2018
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN CMA No.2499 of 2016 and C.M.P.No.17727 of 2016 M/s.National Insurance Company Limited, KRT Building, Promenade Road, Cantonment, Trichy.
.... Appellant/2nd Respondent -vs1.A.Abdul Asha 2.C.T.Periya Karuppan .... Respondents/Petitioners/1st Respondent Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Decree and Judgment made in M.A.C.T.O.P.No.746 of 2013 dated 17.02.2015 on the file of the Motor Accidents Claims Tribunal, Principal District Court, Perambalur.
For Appellant :
Ms.N.B.Surekha For Respondents:
Mr.V.Raghupathi for R1 No appearance for R2
J U D G M E N T
[Judgment of the Court was made by R.SUBRAMANIAN,J.] The challenge in this appeal is to the Award of the Motor Accidents Claims Tribunal, Principal District Court, Perambalur, granting a sum of Rs.27,41,792/- for the injuries suffered by the first respondent in a motor accident that occurred on 01.08.2008.
2. The percentage of disability has been assessed at 85%. It is claimed that the injured was a vegetable vendor, aged about 31 years. The Tribunal fixed his monthly income at Rs.6,500/- and adding 40% towards future prospects, the monthly income of the injured for the purpose of fixing compensation was arrived at Rs.9,000/-. The Tribunal applied multiplier method and granted a sum of Rs.14,68,800/- towards loss of earning
capacity. The amount awarded under the said head is not questioned.
3. Under other heads, the Tribunal has awarded as follows:- i) Pain and Suffering - Rs.2,00,000 ii)Transport Charges - Rs. 40,000 iii)Nutrition - Rs. 40,000 iv)Attender Charges - Rs. 54,000 v) Loss of Income for the period of treatment -Rs. 54,000 vi) Loss of comfort, happiness and amenities - Rs.2,00,000 vii) Loss of marital prospects - Rs.2,00,000 viii)Loss of future medical Expenses- Rs.2,00,000 ix) Loss of Artificial leg - Rs.2,00,000
4. The learned counsel for the appellant Insurance Company would contend that the Award on the above heads is on the higher side.
5. The Tribunal awarded a sum of Rs.84,992/- towards medical expenses based on the exhibits produced. Considering the nature of injury, the Award made under the non-pecuniary heads are definitely on the higher side. Hence, the Award of the Tribunal is modified and reduced as follows:- Sl.
No.
Head Awarded by the Tribunal Awarded by this Court Loss of Earning Capacity for 85% Rs.14,68,000 Rs.14,68,800 Pain and Suffering Rs.2,00,000 Rs.1,00,000 3.
Medical Expenses Rs.84,992 Rs.84,992 4.
Transportation Rs.40,000 Rs.25,000 5.
Extra Nourishment Rs.40,000 Rs.25,000 Attender Charges Rs.54,000 Rs.54,000 Loss of Income for the period of treatment Rs.54,000 - Loss of Comforts, Happiness and Amenities Rs.2,00,000 - Loss of Marital Prospects Rs.2,00,000 Rs.1,00,000 For Artificial Leg Rs.2,00,000 Rs.1,00,000
Sl.
No.
Head Awarded by the Tribunal Awarded by this Court For Future Medical Expenses Rs.2,00,000 Rs.43,000 Total Rs.20,00,792 Rounded off to Rs.20,00,000/-
7. In the result, the Civil Miscellaneous Appeal is Partly Allowed as follows:- (i) The award of the Tribunal is modified and reduced to Rs.20,00,000/- from Rs.27,41,792/- (ii) The award amount will carry interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit.
(iii) The appellant Insurance Company is directed to deposit the award amount, less the amount, if any, already deposited, along with interest within a period of six weeks from the date of receipt of a copy of this judgment.
(iv) On such deposit, the claimant is permitted to withdraw the entire amount with proportionate interest and costs by filing proper application before the Tribunal. The Tribunal shall pass appropriate directions for the disbursal of the amount as stated supra on filing of such application.
No costs. Consequently, connected miscellaneous petition is closed.
s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar svki To
1. The Motor Accidents Claims Tribunal, Principal District Court, Perambalur.
2. The Section officer VR Section, High Court, Madras 104.
+1 CC to Mr.N.B. Surekha, Advocate sr 60360.
+1 CC to Mr.V. Raghavachari, Advocate sr 60559. CMA No.2499 of 2016 NMI(CO) SP(10/10/2018)