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Madras High CourtCMA(MD)/121/2024partly allowed

The Branch Manager v. Mohammed Saleem

2024-02-15Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2024

CORAM

THE HON'BLE MRS.JUSTICE S.SRIMATHY C.M.A(MD)No.121 of 2024 and C.M.P(MD)No.1820 of 2024 The Branch Manager, M/s. The Oriental Insurance Company Limited, No.2851/235, Kamala Subramanian Arcade, 1st Floor, Trichy Main Road, Thanjavur Town, Thanjavur District.

... Appellant Vs.

1.Mohammed Saleem 2.Raju ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to set aside the order of the Motor Accident Claims Tribunal cum Special District Court, Thanjavur made in M.C.O.P.No.831/2018 dated 29.09.2021 and allow the appeal.

For Appellant : Mr.C.Jawahar Ravindran For Respondent No.1 : Mr.G.Kannan For Respondent No.2 : Given Up 1/6

JUDGEMENT This Civil Miscellaneous Appeal is preferred by the Insurance company to set aside the order of the Motor Accident Claims Tribunal cum Special District Court, Thanjavur made in M.C.O.P.No.831/2018 dated 29.09.2021.

2. It is a case of injury. The contention of the Insurance Company is that the Medical Board has assessed that the injured has sustained disability as 90%. The Tribunal has awarded a sum of Rs.4,50,000/- under the head of disability. The Tribunal has also applied multiplier method as well as the method for permanent disability. The claimant is not entitled under both the heads, but entitled to either one method. Therefore, this Court is of the considered opinion that the claimant is either entitled to multiplier method or 90% disability calculation and not entitled to both. Hence, this Court is declining the amount which was granted under the head of permanent disability of Rs.4,50,000/-.

3. The further contention of the Insurance Company is that the injured had suffered head injury since he is not wearing helmet and for the 2/6

same this this Court is inclined to reduce a sum of Rs.20,000/- from the compensation.

4. The next contention of the Insurance Company is that the Tribunal has awarded Rs.2,00,000/-for pain and suffering, which is on the higher side. This Court is not inclined to reduce the same. As far as the compensation on the head for personal attender expenses, the same is reduced from Rs.2 Lakhs to Rs.1 Lakh. The compensation granted under the various heads are confirmed.

5. Accordingly, the claimants are entitled for compensation as follows: S.

Description Amount awarded by Award confirmed / enhanced / granted No.

Tribunal this Court 1.

For permanent disability Rs. 4,50,000/- Nil Declined 2.

For Pain and suffering Rs. 2,00,000/- Rs. 2,00,000/- Confirmed 3.

For Medical expenses Rs.13,92,206/- Rs.13,92,206/- Confirmed 4.

For loss of amenities Rs.2,00,000/- Rs.2,00,000/- Confirmed 5.

For future medical expenses Rs.2,00,000/- Rs.2,00,000/- Confirmed 6.

For attender expenses Rs.2,00,000/- Rs.1,00,000/- Reduced 7.

For Extra nourishment Rs.1,00,000/- Rs.1,00,000/- Confirmed 8.

For Transport Expenses Rs. 35,000/- Rs. 35,000/- Confirmed 9.

For lost the chance of marriage Rs.1,00,000/- Rs.1,00,000/- Confirmed 3/6

10. For loss of income Rs.24,19,200/- Rs.24,19,200/- Confirmed Total Rs. 52,96,406/- Rs.47,46,406/- From Rs.47,46,406/- an amount of Rs.20,000/- is reduced for not wearing helmet. Therefore, this Court is inclined to grant a sum of Rs.47,26,406/-, as compensation.

6. In view of the said modification, this Civil Miscellaneous Appeal is partly allowed, and the award amount of Rs. 52,96,406/- granted by the Tribunal is reduced to Rs.47,26,406/- and the Appellant is directed to deposit the same with 7.5% interest along with costs, within a period of Twelve weeks, from the date of receipt of copy of the order, less the amount if already deposited. The claimant is permitted to withdraw the entire compensation, less the amount if already withdrawn. No costs. Consequently, connected miscellaneous petition is closed.

15.02.2024 NCC : Yes / No Index : Yes / No Internet :

Yes / No KSA 4/6

To

1. The Motor Accident Claims Tribunal cum Special District Court, Thanjavur.

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

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S.SRIMATHY, J.

KSA Order made in C.M.A(MD)No.121 of 2024 15.02.2024 6/6