M/S. United India Insurance v. R.Thangavelu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Cross Objection No.25 of 2018 M/s.United India Insurance Company Limited Salem 636007 Appellant-CMA/ R1-Cross Objection Vs

1. R.Thangavelu Cross Objector / R1-CMA

2. M/s.Prasad and Company Project Works Limited Hyderabad 560016 R2-CMA and Cross Objection Prayer:- These Civil Miscellaneous Appeal and the Cross Objection have been filed, against the judgement and decree, dated, 25.04.2017, made in MCOP.No.2445 of 2010, by the Special Subordinate Court No.I (MACT) Salem. For Appellant :

Mr.N.Vijayaraghavane-CMA For Respondents :

Mr.K.Kuppusamy-R1-CMA JUDGEMENT

1. These Civil Miscellaneous Appeal and Cross Objection have been filed, respectively by the Insurance Company and the claimant, against the judgement and decree, dated, 25.04.2017, made in MCOP.No.2445 of 2010, by the Special Subordinate Court No.I (MACT) Salem.

2. The claimant/cross objector has filed the claim petition before the Tribunal, 1/6

seeking a compensation of Rs.10,00,000/- on various heads, for the injuries sustained by him, in a motor road accident, which took place on 18.06.2010. The claim petition was resisted, on various grounds, by the Appellant Insurance Company, by filing a counter. The 2nd Respondent Company, owner of the offending Lorry remained exparte. On the side of the claimant, PW.1 and PW.2 examined and Ex.P1 to Ex.P18 were marked. Ex.C1 to C3 were marked.

3. Finding that the claimant sustained injuries in the alleged motor road accident due to the rash and negligent driving of the driver of the offending vehicle, belonging to the 2nd Respondent, the Tribunal has awarded a total compensation of Rs.9,56,000/- with interest at 7.5% p.a. from the date of the claim petition till the date of realization, as detailed below:- Award Amount (Rs.) S.No Category Loss of Future Income 537600.00 Pain and Suffering 50000.00 Medical Expenses 106600.00 Extra Nourishment 10000.00 Attendants Charges 20000.00 Loss of Amenities 50000.00 Permanent Disability 50000.00 Loss of Income During The Period Of Treatment 32000.00 Transportation Expenses 10000.00 Future Medical Expenses 25000.00 Damages to Clothes 800.00 Total Compensation 892000.00 Aggrieved by the same, these appeal and the cross objection have been filed by the Appellant/ Insurance Company and the claimant respectively.

4. This Court heard the learned counsel on either side, considered their 2/6

submissions and also perused the entire materials placed on record.

5. According to the learned counsel for the Appellant/ Insurance Company, the compensation awarded under the head of loss of earning capacity is on the higher side, considering the nature of injuries suffered by the claimant and the compensation awarded under the heads of disability and loss of income cannot be sustained. On the other hand, it is the contention of the claimant/ cross objector that the impugned award of the Tribunal is just and proper.

6. Since there is no quarrel over the negligence aspect and the dispute is only with regard to the quantum of compensation, the finding of the Tribunal with respect to the negligence aspect is confirmed and also, it is not necessary to narrate the entire facts in detail in respect of the accident.

7. The claimant was aged 43 years old at the time of the accident. Considering the income tax returns, Ex.P10 the Tribunal rightly fixed the monthly income of the claimant at Rs.8000/-. Though it is claimed by the claimant that he suffered multiple injuries and fractures all over the body, as seen from the medical records, the claimant suffered fracture on his left thigh, as also found by the Tribunal. However, the Tribunal fixed the disability at 50%, which is not proper. It would be appropriate to fix the disability at 15%. Thus, the compensation awarded under the head of loss of earning capacity is reduced to Rs.2,01,600/- (Rs.8000 x 12 x 14 x 15/100) and consequently, the compensation awarded under the heads of disability and loss of income are set aside. The compensation awarded under the other heads are retained. In 3/6

all, the claimant is entitled to a total compensation of Rs.4,74,000/- with interest 7.5% p.a. from the date of the petition till the date of realisation.

8. In the result, this Civil Miscellaneous Appeal is partly allowed. In all, the claimant is entitled to a total compensation of Rs.4,74,000/-, (Rupees four lakhs seventy four thousand only) with interest 7.5% p.a. from the date of the claim petition till the date of realisation, as detailed below:- Award Amount (Rs.) S.No Category Loss of Future Income 201600.00 Pain and Suffering 50000.00 Medical Expenses 106600.00 Extra Nourishment 10000.00 Attendants Charges 20000.00 Loss of Amenities 50000.00 Transportation Expenses 10000.00 Future Medical Expenses 25000.00 Damages to Clothes 800.00 Total Compensation 474000.00 The Appellant / Insurance Company is directed to deposit the entire award amount with interest at 7.5% p.a.

from the date of the claim petition till the date of deposit, after deducting the amount, if any already, deposited, within a period of six 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 compensation amount with interest, by filing proper application. No costs. Consequently, the Cross Objection is dismissed.

Speaking/Non Speaking Srcm 5/6

A.A.NAKKIRAN, J.

Srcm To

1. The Special Subordinate Court No.I (MACT) Salem.

2. The Record Keeper, VR Section, High Court, Madras Cross Objection No.25 of 2018 6/6