The Divisional Manager v. Arunkumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2024
CORAM:
THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY & CMP.No.842 of 2022 The Divisional Manager, National Insurance Company Ltd, Do.110, JN Street, Puducherry - 605 001.
... Appellant -Vs1.Arunkumar 2.Ponraj ... Respondents Common Prayer: Civil Miscellaneous Appeals filed under Section 173 of the Motor Vehicles Act, 1988, against the award and decree dated 24-092021 made in M.C.O.P.No.2415 of 2015 on the file of the Motor Accident Claims Tribunal(Special Sub Court), Cuddalore. For Appellant : Mr.D.Bhaskaran For R1 : Mrs.Ramya V.Rao For R2 : D/w Vide Order dt.06.10.2023 1/7
JUDGMENT
Challenging the quantum of compensation awarded by the Tribunal, the present appeal has been filed by the appellant/Insurance Company.
2.The Tribunal passed the following award;
Sl.
No Description Amount awarded by Tribunal (Rs) 1.
Permanent Disability 4,50,840/- 2.
Pain and suffering 30,000/- 3.
Medical Expenses 10,000/- 4.
Transport Charges 5,000/- 5.
Extra Nourishment 10,000/- 6.
Medical Bills 6,200/- Grand Total 5,12,040/- 3.Today, when the matter is taken up for hearing, the learned counsel for the appellant and the first respondent filed a joint memo of calculation, stating that this memo of calculation filed before this Court is agreeable for both the appellant as well as the contesting respondent. 2/7
4.Accordingly, the memo of calculation submitted by the learned counsel appearing for the appellant and the first respondent is recorded and the compensation awarded by the Tribunal is modified as below; Sl.
No Description Amount awarded by Tribunal (Rs) Amount awarded by this Court (Rs) Award confirmed or enhanced or granted 1.
Permanent Disability 4,50,840/- 85,000/- Reduced 2.
Pain and suffering 30,000/- 30,000/- Confirmed 3.
Medical Expenses 10,000/- - Canceled 4.
Transport Charges 5,000/- 5,000/- Confirmed 5.
Extra Nourishment 10,000/- 10,000/- Confirmed 6.
Medical Bills 6,200/- 6,200/- Confirmed 7.
Attender Charges - 10,000/- Enhanced 8.
Loss of Amenities - 25,000/- Enhanced 9.
Loss of Income - 52,000/- Enhanced Grand Total 5,12,040/- 2,23,200/- Reduced by 2,88,840/- 3/7
5. In the result, this Civil Miscellaneous Appeal is partly allowed and the compensation awarded by the Tribunal at Rs.5,12,040/- is hereby reduced to Rs.2,23,200/- together with interest at the rate of 7.5% per annum from the date of petition till the date of deposit. The Appellant Insurance Company is directed to deposit the award amount now determined by this Court, along with interest and costs, less the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this judgment to the credit of M.C.O.P.No. 2415 of 2015 on the file of the Motor Accidents Claims Tribunal (Speical Sub Court), Cuddalore. On such deposit being made, the Tribunal is directed to transfer the Award amount, directly to the Bank account of the first respondent/Claimant through RTGS, within a period of three weeks. No costs. Consequently, the connected miscellaneous petition is closed.
09.02.2024 Tsg 4/7
To 1.The Motor Accidents Claims Tribunal, Special Sub Court, Cuddalore.
2.The Section Officer, V.R.Section, High Court, Madras.
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KRISHNAN RAMASAMY, J., Tsg 09.02.2024 6/7
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