M/S United India Insurance Co v. Kuppan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 07.06.2016
CORAM
THE HONOURABLE MR.JUSTICE T. MATHIVANAN C.M.A.No.3750 of 2011 and M.P.No.1 of 2011 M/s.United India Insurance Co.Ltd., No.1090, Poonamallee High Road, Chennai - 600 084.
...Appellant/Respondent ...vs...
1.Kuppan ...R1/Petitioner 2.G.Dhanapal (R2 set exparte in the lower Court)
...Respondents No.2/Respondent No.1
Prayer: Civil Miscellaneous Appeal is filed against the judgment and decree dated 07.07.2011 made in M.C.O.P.No.4187 of 2008 on the file of the Motor Accident Claims Tribunal (V Judge, Court of Small Causes) at Chennai.
For Appellant : Mr.R.Ravichandran For R1 : Mr.N.Kamaraj For R2 : set exparte in the lower Court
JUDGMENT
Questioning the quantum of compensation, this appeal is filed by the appellant/Insurance Company under Section 173 of Motor Vehicle Act, 1988.
2. In sofaras, the appeal in C.M.A.No.3750 of 2011 is concerned, the first respondent/claimant was working as a Driver and earning a sum of Rs.4,500/-. However, the Tribunal had fixed his monthly income at Rs.4,000/- As per the claimant's statement, he was treated as in-patient for only one day. However, based on the documentary evidences under Exs. P10,12,13 and 14 and other related records issued by JSP Hospitals (P) Ltd, Chengalpattu, this Court finds that the first respondent/claimant was treated as in-patient from 31.07.2007 to
13.08.2007. Therefore, the loss of earning for two months was determined at Rs.8,000/-.
Besides this, the following compensation was also awarded under the heads enumerated as under:- Towards loss of earning Rs. 8,000/- Towards Transportation Rs. 1,500/- Towards extra-nourishment Rs. 4,000/- Towards damages to clothes Rs. 1,000/- Towards medical expenses Rs. 30,000/- Towards attender charges Rs. 3,000/- Towards pain and sufferings Rs. 5,000/- Towards permanent disability Rs. 20,000/- ------------------ Total Rs. 72,500/- -------------------
3. On perusal of the award and on considering the submissions made by the learned counsel for both sides, this Court finds that the Tribunal had passed a reasonable award which does not require the interference of this Court. Hence, this appeal is dismissed and the award of the Tribunal is confirmed. The appellant/Insurance Company is directed to deposit the award amount of Rs.72,500/- with interest at the rate of 7.5% per annum from the date of claim petition within a period of four weeks from the date of receipt of a copy of this order. On such deposit being made, the claimant is entitled to withdraw the entire award amount along with accrued interest and costs without filing any formal petition, seeking permission. Consequently, connected Miscellaneous Petition is closed. No costs.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To 1.The Motor Accident Claims Tribunal, (V Judge, Court of Small Causes) Chennai.
2.The United India Insurance Co.Ltd., No.1090, Poonamallee High Road, Chennai - 600 084.
3.The Section Officer, VR Section, High Court, Madras-104.
+1cc to M/S.N.Kamaraj, Advocate Sr.30319 C.M.A.No.3750 of 2011 and M.P.No.1 of 2011 ala[co] srg 14/11/2016