United India Insurance Co Ltd. v. S. Kersorn,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 12.09.2016

CORAM

THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN C.M.A. No.374 of 2016 and CMP No.2786 of 2016 United India Insurance Co. Ltd., Oriental Theatre Complex, 77, Arunachala Aachari Street, Salem 636 001.

..Appellant/2nd respondent Vs.

1. S.Kersorn ..R1/Petitioner

2. S.Vinoth ..R2/Respondent-1 Prayer: Appeal under Section 173 of the Motor Vehicles Act, 1988 against the Decree and Judgment passed by the Motor Accidents Claims Tribunal (Special Sub Court No.2), Salem in MCOP No.123 of 2013 dated 16/07/2015.

For Appellant : Mr.S.Arun Kumar For Respondents: Mr.C.Prabakaran (for R1) No appearance (for R2)

JUDGMENT

(Order of the Court was made by S.MANIKUMAR, J.) Challenge in this appeal is to the quantum of compensation of Rs.20,48,000/- with interest at the rate of 7.5% per annum, awarded to the injured by the tribunal.

2. On this day, when the matter came up for hearing, Mr.S.Arun Kumar and Mr.C.Prabakaran, learned counsel appearing for the parties consented to the modification of the award and refixation of quantum of compensation, as hereunder.

Sl.

No.

Description of Heads Awarded by tribunal Rs.

Modification Now consented for modificati on Rs.

Loss of income 70% disability fixed (9000*12*17*70/100) 12,85,200 disability modified to 50% (9000x12x17x50/10 0) 9,18,000 Pain and sufferings 1,00,000 not modified 1,00,000 Medical expenses 2,57,100 not modified 2,57,100 Loss of amenities 1,00,000 not modified 50,000 Transportation 10,000 not modified 10,000 Extra nourishment 10,000 not modified 10,000 Attender's charge 25,000 not modified 25,000 Damages to clothes 700 not modified loss of income during treatment (6000 x 10) 60,000 not modified 60,000 Permanent disability 1,00,000 not modified 1,00,000 Future medical expenses 50,000 not modified 50,000 Expectation of life 50,000 modified Total 20,48,000 15,80,800

3. Placing on record the above submission, compensation of Rs.20,48,000/- with interest at the rate of 7.5% per annum from the date of claim till the date of realisation, awarded by the tribunal is reduced to Rs.15,80,800/-, without any modification to the rate of interest.

4. Compensation awarded/refixed are as follows: Sl .N o.

Description of Heads Now Modified Rs.

Loss of income 50% disability fixed (9000*12*17*50/100) 9,18,000 Pain and sufferings 1,00,000 Medical expenses 2,57,100 Loss of amenities 50,000

Sl .N o.

Description of Heads Now Modified Rs.

Transportation 10,000 Extra nourishment 10,000 Attender's charge 25,000 Damages to clothes loss of income during treatment (6000 x 10) 60,000 Permanent disability 1,00,000 Future medical expenses 50,000 Expectation of life Total 15,80,800

5. Learned counsel for the appellant submitted that at the time when CMP No.2786 of 2016 was entertained, this Court vide order dated 24.02.2016 directed the appellant-Insurance Company to deposit 75% of the award amount, which has been done. Balance amount as ordered by this Court today, has to be deposited for which, learned counsel for the appellant requested four weeks time. Accordingly, time is granted.

6. It is further submitted that out of the deposit of 75% of the award amount with proportionate interest and costs stated supra, vide order in CMP No.9753 of 2016 dated 29.07.2016, the 1st respondent/claimant has been permitted to withdraw Rs.5,00,000/-.

7. In view of the final determination of the award amount modifying the same to Rs.15,80,800/- with interest, at the rate of 7.5% per annum, 1st respondent/claimant is permitted to seek for withdrawal of the balance amount, now lying in the credit of MCOP No.123 of 2013 on the file of MACT (Special Sub Court No.2), Salem, by making necessary applications.

8. With the above modification, the Civil Miscellaneous Appeal is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ars

To

1. Motor Accidents Claims Tribunal, Special Sub Court No.2, Salem

2. The Section Officer, VR Section, High Court, Madras.

+1cc to Mr.C. Prabakaran, Advocate, S.R.No.51828 +1cc to Mr.S. Arunkumar, Advocate, S.R.No.52043 EV(CO) EU(14/11/2016) C.M.A. No.374 of 2016