National Insurance Co.Ltd., v. K. Paneer Selvam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :06.11.2017 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.A.(MD)No.1370 of 2015 and M.P.(MD).No.4 of 2015 National Insurance Company Limited, Through its Divisional Manager, No.3, North Veli Street, Madurai.

... Appellant Vs.

1.K.Paneer Selvam 2.Sevuga Rathinam (Since no relief is sought against 2nd respondent, the impleading legal heirs is not necessary) (He was set exparte in the Trial Court .Hence given up) ... Respondents Prayer: This Appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the judgment and decree dated 23.09.2010 passed in M.C.O.P.No.1673 of 2007 on the file of the Motor Accident Claims Tribunal/1st Additional Sub Judge, Madurai. For Appellant : Mr.P.Malini For Respondent : Mr.S.Mahesh Babu for R1 R2-Given up

JUDGMENT

Heard the learned counsel on either side.

2.The Insurance Company has filed this appeal on the ground of quantum. The first respondent suffered injuries in an accident involving a two-wheeler insured by the appellant. The doctor has certified that the claimant suffered 44% partial permanent disability. But there is nothing on record to show that the claimant suffered functional disability. Therefore adopting multiplier method is clearly erroneous. The compensation payable to the claimant will have to be reworked as under:-

Sl.No Heads Amount in Rupees 1.

For loss of income Rs. 10,000/- 2.

For transport expenses Rs. 5,000/- 3.

For extra Nourishment Rs. 5,000/- 4.

For attendant Charges Rs. 5,000/- 5.

For medical expenses Rs.1,25,000/- 6.

For Pain and sufferings Rs. 25,000/- 7.

For Disability Rs.1,50,000/- Total Rs.3,25,000/- 3.Therefore the compensation payable to the claimant will have to be reduced from Rs.4,39,226/- to Rs.3,25,000/- The award dated 23.09.2010 made in M.C.O.P.No.1673 of 2007 on the file of the Motor Accident Claims Tribunal/1st Additional Sub Judge, Madurai is modified accordingly.

4.The appellant is directed to deposit the entire compensation amount of Rs.3,25,000/- with interest at the rate of 7.5% per annum with costs, from the date of petition till the date of realization, within a period of eight weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit, the claimant is entitled to withdraw the same, less the amount already withdrawn by him, if any, by filing proper application before the Tribunal. The insurance company is permitted to withdraw the same. 5.This Civil Miscellaneous Appeal is partly allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Motor Accidents Claims Tribunal/ First Additional Sub Judge, Madurai.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.P.Malini, Advocate SR.No. 85430 +1cc to M/S.S.Mahesh Babu, Advocate SR.No. 85671 C.M.A.(MD)No.1370 of 2015 and M.P.(MD).No.4 of 2015 04.11.2017 TSG JM/KK/SAR 4/07.12.2017/3P/5C