United India Insurance Company Ltd v. T.Selvi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CMP NO. 21998 OF 2023

1. United India Insurance Company Ltd Rep.by its Branch Manager, No.139, C.G.complex, Kumaran Road, Tiruppur 641 601.

Appellant(s) Vs

1. T.Selvi W/o.Thangarasu, Pudhunallur, Thekkalur Village, Avinasi Taluk 2.T.Shanmugasundram S/o.Thangavell, No.22, Chellam Nagar, 4th Street, Tiruppur Respondent(s) PRAYER To against the award and decree dated 10-04-2019 made in MCOP.no.1160 of 2015 on the file of the Motor Accidents Claims Tribunal (Principal Sub Court), Tiruppur.

For Appellant(s):

D.Bhaskaran For Respondent(s):

Ma.P.Thangavel For R1 R2 - Left JUDGEMENT This Civil Miscellaneous Appeal has been filed against the award and decree dated 10-04-2019 made in MCOP.no.1160 of 2015 on the file of the Motor Accidents Claims Tribunal (Principal Sub Court), Tiruppur( in short ''tribunal'').

2. On 28.05.2015 at about 07.00 p.m when the claimant was walking in Karuvalur - Thekkalur Road from North to South direction, the vehicle bearing registration No. TN 21 U 5758 driven by its driver in a rash and negligent manner dashed against the claimant due to which the claimant sustained grevious injuries. Thereafter, the claimant filed the petition before the tribunal claiming compensation. The Insurance Company/Appellant herein contested the case by filing counter. After considering the oral and documentary evidence, the tribunal awarded a compensation. Challenging the quantum of compensation,

the tribunal filed this appeal.

3. The learned counsel for the Insurance Company/appellant submits that the doctor who examined as PW.3 before the tribunal was not treated the claimant without which the tribunal awarded compensation by adopting multiplier method as such is erroneous and liable to be set aside.

4. The learned counsel for the claimant submits that based on evidence of doctor and the disability certificate the tribunal awarded compensation which needs no interference. Hence, he prays to dismiss this appeal.

5. Considering the submissions on either side, the fact reveals that claimant sustained injuries, for that, he obtained disability certificate near about two years from the date of the accident and the doctor was examined as P.W.3, who certified that the claimant sustained 42% disability, but the learned judge adopted multiplier method and awarded compensation. Now, it is under challenge. On perusal of the disability certificate, which reveals that the

claimant has not sustained any permanent disability and has not undergone any surgery for the alleged fracture without which the tribunal has applied multiplier method as such is erroneous and liable to be set aside. Hence, this Court is inclined to fix Rs.4,000/- per percentage of disability. Accordingly, the claimant is entitled to Rs.1,60,000/- under the head of 40% disability. Further, the tribunal awarded Rs.15,000/- under the head of mental agony which is unwarranted. Accordingly, the amount awarded under the head of mental agony is ordered to be deleted. Further, the tribunal has awarded very meagre amount for pain and sufferings. Hence this Court is inclined to enhance the award from Rs.25,000/- to Rs.40,000/- under the head of pain and sufferings. Further the amount awarded under the head of Salary per month and Additional income is ordered to be deleted.

S.No.

Head Compensation awarded by the Tribunal Compensation awarded by this Court 1.

Pain and sufferings Rs.25,000/- Rs.40,000/- 2.

Loss of Income Rs.3,000/- Nil 3.

Medical Expenses Rs.47,246/- Rs.47,246/- 4.

Transportation expenses Rs.3,000/- Rs.3,000/- 5.

Extra Nourishment Rs.10,000/- Rs.10,000/- 6.

Future medical expenses Rs.20,000/- Rs.20,000/-

S.No.

Head Compensation awarded by the Tribunal Compensation awarded by this Court 7.

Salary per month Rs7,500/- Nil 8.

Lost of amenities Rs.25,000/- Rs.25,000/- 9.

For permanent disability Rs.7,56,000/- Rs.1,60,000/- 10.

Mental Agony R.15,000/- Nil Total Rs.9,01,249/- Rounded off Rs.9,00,000/- Rs.3,05,246/- Rounded off to Rs.3,05,300/-

6. In view of the discussions made earlier, the compensation awarded by the Tribunal is reduced to Rs.3,05,300/-. The appellant is directed to deposit the said amount together with interest at the rate of 7.5% per annum from the date of claim petition to the date of realisation, to the credit of MCOP. No.1160 of 2015 on the file of the Motor Accidents Claims Tribunal (Principal Sub Court), Tiruppur. , within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit, the claimant is permitted to withdraw the award amount by making formal application before the Tribunal. The appellant may withdraw the amount, if any excessive amount has already deposited before the tribunal.

7. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs.

01-07-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.T.Selvi W/o.Thangarasu, Pudhunallur, Thekkalur Village, Avinasi Taluk 2.T.Shanmugasundram S/o.Thangavell, No.22, Chellam Nagar, 4th Street, Tiruppur.

3. The Section officer, V.R Section, High Motor Accidents Claims Tribunal (Principal Sub Court), Tiruppur.

T.V.THAMILSELVI J.

pbl AND CMP NO. 21998 OF 2023 01-07-2025