The Divisional Manager, v. J.R.Shanthi,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 27.11.2023 PRONOUNCED ON : 12.01.2024
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI C.M.A.(MD)Nos.331 to 336 of 2019 C.M.A.(MD)No.331 of 2019:- Divisional Manager, The Oriental Insurance Company Limited, Divisional Office, Prominent Road, Cantonment, Tiruchirappalli - 1.
... Appellant/2nd Respondent Vs.
1.J.R.Shanthi ... 1st Respondent/Petitioner 2.Jeyakodi ... 2nd Respondent/1st Respondent (2nd Respondent remained exparte Before the lower Court) PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the decree and judgment made in M.C.O.P.No.2931 of 2013 dated 11.04.2018, on the file of the Motor Accident Claims Tribunal Cum Special District Judge, (Full Additional Charge), Tiruchirappalli.
C.M.A.(MD)No.332 of 2019:- Divisional Manager, The Oriental Insurance Company Limited, Divisional Office, 1/28
Prominent Road, Cantonment, Tiruchirappalli - 1.
... Appellant/2nd Respondent Vs.
1.Minor Akshaya Prasana (Minor 1st respondent rep. By his guardian and next friend father A.S.Venkatesh Babu) ... 1st Respondent/Petitioner 2.Jeyakodi ... 2nd Respondent/1st Respondent (2nd Respondent remained exparte Before the lower Court) PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the decree and judgment made in M.C.O.P.No.2933 of 2013 dated 11.04.2018, on the file of the Motor Accident Claims Tribunal Cum Special District Judge, (Full Additional Charge), Tiruchirappalli.
C.M.A.(MD)No.333 of 2019:- Divisional Manager, The Oriental Insurance Company Limited, Divisional Office, Prominent Road, Cantonment, Tiruchirappalli - 1.
... Appellant/2nd Respondent Vs.
1.P.R.Ravi ... 1st Respondent/Petitioner 2.Jeyakodi ... 2nd Respondent/1st Respondent (2nd Respondent remained exparte Before the lower Court) PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the decree and judgment made in M.C.O.P.No.5459 of 2013 dated 11.04.2018, on the file of the Motor 2/28
Accident Claims Tribunal Cum Special District Judge, (Full Additional Charge), Tiruchirappalli.
C.M.A.(MD)No.334 of 2019:- Divisional Manager, The Oriental Insurance Company Limited, Divisional Office, Prominent Road, Cantonment, Tiruchirappalli - 1.
... Appellant/2nd Respondent Vs.
1.Kamala ... 1st Respondent/Petitioner 2.Jeyakodi ... 2nd Respondent/1st Respondent (2nd Respondent remained exparte Before the lower Court) PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the decree and judgment made in M.C.O.P.No.2935 of 2013 dated 11.04.2018, on the file of the Motor Accident Claims Tribunal Cum Special District Judge, (Full Additional Charge), Tiruchirappalli.
C.M.A.(MD)No.335 of 2019:- Divisional Manager, The Oriental Insurance Company Limited, Divisional Office, Prominent Road, Cantonment, Tiruchirappalli - 1.
... Appellant/2nd Respondent Vs.
1.Devi 2.Lakshmi 3.Kasthuri ... 1 to 3 Respondents/Petitioners 3/28
4.Jeyakodi ... 2nd Respondent/1st Respondent (4th Respondent remained exparte Before the lower Court) PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the decree and judgment made in M.C.O.P.No.5455 of 2013 dated 11.04.2018, on the file of the Motor Accident Claims Tribunal Cum Special District Judge, (Full Additional Charge), Tiruchirappalli.
C.M.A.(MD)No.336 of 2019:- Divisional Manager, The Oriental Insurance Company Limited, Divisional Office, Prominent Road, Cantonment, Tiruchirappalli - 1.
... Appellant/2nd Respondent Vs.
1.Devi ... 1st Respondent/Petitioner 2.Jeyakodi ... 2nd Respondent/1st Respondent (2nd Respondent remained exparte Before the lower Court) PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the decree and judgment made in M.C.O.P.No.5457 of 2013 dated 11.04.2018, on the file of the Motor Accident Claims Tribunal Cum Special District Judge, (Full Additional Charge), Tiruchirappalli.
For Appellant (in all C.M.As) : Mr.C.Jawahar Ravindran For Claimants (in all C.M.As) :Mr.N.Sudhagar Nagaraj 4/28
COMMON JUDGMENT These Civil Miscellaneous Appeals have been directed as against the common judgment and award on certain counts passed by the learned Motor Accident Claims Tribunal Cum Special District Judge (Full Additional Charge), at Tiruchirappalli in M.C.O.P.Nos.2931, 2933, 5459, 2935, 5455 and 5457 of 2013 dated 11.04.2018 by the appellant/second respondent/insurance company.
2.For the sake of convenience, the parties herein are arrayed as per the rank of the respective M.C.O.Ps. before the learned Tribunal and C.M.A.(MD)No.331 of 2019 is taken as lead case. 3.The brief facts leading to the filing of the Civil Miscellaneous Appeal is as follows:- On 21.05.2012, all the petitioners and few others rented a Tata City Rider van bearing registration No.TN-22-AX-7645. At about 01.00 p.m., on the same day, having visited Meenampakam Airport, travelling along the GST road, Sanatorium, opposite to Anjaneyar Temple, the driver of 5/28
the said van in uncontrollable speed dashed as against the centre median of the said road and the said van was capsized. As the result of which, the petitioners sustained multiple injuries all over the body. In all the said claim petitions except M.C.O.P.No.5455 of 2013, the petitioners are the injured. The deceased Rajeswari in M.C.O.P.No.5455 of 2013 was taken to Parvathi Hospital, Chennai and was admitted as an inpatient from 21.05.2012 to 08.06.2012 and thereafter on 08.06.2012, she died. In M.C.O.P.No.5455 of 2013, the petitioners are the legal heirs of the deceased Rajeswari who died in the said accident and they have claimed a sum of Rs.25,00,000/- as compensation. The nature of injuries suffered by various petitioners and compensation claimed by them are elaborated as below:- Sl.
No .
M.C.O.P.
No.
Petitioner's name and age Hospital and date of admission Injuries sustained Compensation claimed 1.
2931 of J.R.Santhi aged about 55 years Admitted as in patient in Parvathi Hospital, Chennai from 21.05.2012 to 30.05.2012 Multiple grievous injuries all over the body including head injury, left side rib fracture, right side ear, spinal cord fracture Rs.20,00,000/- 6/28
2.
2933 of Minor Ahsaya Prasana aged about 6 years Admitted as in patient in Parvathi Hospital, Chennai from 21.05.2012 to 30.05.2012 Multiple grievous injuries all over the body including right side hip bone joint fracture Rs.50,00,000/- 3.
2935 of Kamala aged about 65 years Admitted as in patient in Parvathi Hospital, Chennai from 21.05.2012 to 29.05.2012 Multiple grievous injuries all over the body including left and right hand bone fracture Rs.10,00,000/- 4.
5457 of Devi aged about years Admitted as in patient in Parvathi Hospital, Chennai from 21.05.2012 to 29.05.2012 Multiple grievous injuries all over the body including fracture of vertebra in the spinal coloum Rs.50,00,000/- 5.
5459 of P.R.Ravi aged about 58 years Admitted as in patient in Parvathi Hospital, Chennai from 21.05.2012 to 25.05.2012 Multiple grievous injuries all over the body including bone fracture on right shoulder Rs.50,00,000/- 4.Refuting all the allegations put forth in the claim petitions in all the four M.C.O.Ps., the second respondent had filed counter in all the M.C.O.Ps.
7/28
5.The Tribunal has framed two issues. Ten witnesses P.W.1 to P.W. 10 were examined on the side of the petitioners and Ex.P1 to Ex.P67 were marked. One witness was examined as R.W.1 and Ex.R1 was marked on the side of the respondents. On the basis of the oral and documentary evidence and the arguments submitted by both the parties, the learned Tribunal concluded that the accident happened only due to the rash and negligent driving of the first respondent's driver. Hence, it was decided by the learned Tribunal that the respondents 1 and 2 are liable to pay compensation for the petitioners, who have claimed compensation in all the cases on the basis of various factors. As far as the quantum of compensation is concerned, except M.C.O.P.No.5455 of 2019 all the cases are injured.
6.In M.C.O.P.No.2931 of 2013, P.W.4 J.R.Shanthi has stated that she sustained fracture injuries in D1 to D8 spinal cord. To substantiate the same, the wound certificate, discharge summary, medical prescription were marked as Ex.P20 and Ex.P22. Medical bills to the tune of Rs. 2,81,850/- was marked as Ex.P23 and case history was marked as Ex.P24. P.W.10 Dr.Ravi had given disability certificate and the same is 8/28
marked as Ex.P58 and fixed disability as 42%. P.W.10 in his cross examination admitted that if P.W. 4 followed the medical advice properly, due to the age of P.W.4 that is 54 years, the partial permanent disability may reduced to 2 to 3 %. Hence, the learned Tribunal has fixed the partial permanent disability as 40% and awarded Rs.3,000/- per percentage. The learned Tribunal has awarded the compensation under following heads:- Head Compensation awarded (I)Partial Permanent disability, Pain and suffering and suffering in total:
Rs.2,50,000/- (ii)Transportation Expenses, Attendant Charges and Extra Nourishment:
Rs.15,000/- (iii)Medical bill as per Ex.P23:
Rs.2,81,500.50/- (iv)Loss of Amenities:
Rs.1,00,000/- (v)Loss of income for six months (Rs.5,000x6):
Rs.30,000/- Total compensation awarded:
Rs.6,76,800.50/- rounded off to Rs.
6,77,000/- with interest @ 7.5 % from the date of the claim until the realization and costs.
7.In M.C.O.P.No.2933 of 2013, P.W.3 stated that his son took treatment at Parvathi Hospital from 21.05.2012 to 30.05.2012 and he was treated at Leo Joseph hospital at Thanjavur. The wound certificate and 9/28
accident register were marked as Ex.P14. CT Scan as Ex.P15, discharge summary as Ex.P16, treatment report as Ex.P17, the medical bills to the tune of Rs.55,574.50/- marked as Ex.P18 and future treatment report by Dr.Leo was marked as Ex.P19. P.W.10 Dr.Ravi has deposed that the said Akshaya Prasanna was 4 years old at the time of accident and he has permanent deformity and has difficulty in moving and walking. P.W.10 has fixed partial permanent disability at 35% and issued partial permanent disability certificate which is marked as Ex.P60. P.W.10 in his cross examination admitted that if the injured Akshaya Prasanna followed the Doctor's instructions and did physiotherapy regularly 2 to 3% of disability would decrease. Hence, the learned Tribunal has fixed the partial permanent disability at 25% and awarded a sum of Rs.3,000/- per percentage. The learned Tribunal has awarded the compensation under following heads:- Head Compensation awarded (I)Partial Permanent disability, Pain and suffering and suffering in total:
Rs.2,75,000/- (ii)Transportation Expenses, Attendant Charges and Extra Nourishment:
Rs.15,000/- (iii)Medical bill as per Ex.P8:
Rs.55,574.50/- (iv)Loss of Amenities:
Rs.2,00,000/- 10/28
Total compensation awarded:
Rs.5,45,574.50/- rounded off to Rs.
5,45,600/- with interest @ 7.5 % from the date of the claim until the realization and costs.
8.In M.C.O.P.No.2935 of 2013, PW.5 Kamala stated that she sustained injuries on the right hand, jaw and the teeth was damaged. The wound certificate and discharge summary of Parvathi hospital were marked as Ex.P26 and Ex.P27 respectively. CT scan was marked as Ex.P28. The medical bill to the tune of Rs.3,21,140/- was marked as Ex.P29. The case sheet Ex.P30, discharge summary of Vinothan hospital Ex.P31 were marked. Dr.Ravi was examined as P.W.10 and he had given disability certificate which is marked as Ex.P62 and X ray as Ex.P63 and partial permanent disability was fixed at 44%. P.W.10 in his cross examination admitted that if P.W.5 followed the Doctor's instructions and did physiotherapy regularly 2 to 3% of disability would decrease. Hence, the learned Tribunal has fixed the partial permanent disability as 40% and awarded Rs.3,000/- per percentage. The learned Tribunal has awarded the compensation under following heads:- Head Compensation awarded 11/28
(I)Partial Permanent disability, Pain and suffering and suffering in total:
Rs.2,50,000/- (ii)Transportation Expenses, Attendant Charges and Extra Nourishment:
Rs.15,000/- (iii)Medical bill as per Ex.P29:
Rs.3,21,140/- (iv)Loss of Amenities:
Rs.1,00,000/- (v)Loss of income for six months (Rs.5,000x6):
Rs.30,000/- Total compensation awarded:
Rs.7,16,140/- rounded off to Rs.
7,16,200/- with interest @ 7.5 % from the date of the claim until the realization and costs.
9.M.C.O.P.No.5455 of 2013 is a fatal case in which, one Rajeshwari died and her age on the basis of post morterm report marked as Ex.P40 is 66 years. Though the second respondent had taken a defence that the deceased Rajeshwari did not die due to injuries sustained in the accident, the same was not proved by the second respondent with proper oral and documentary evidence. The legal heirs certificate was marked as Ex.P41, the death summary as Ex.P42, scan report as Ex.P43, medical prescription as Ex.P44 and Hospital bill, medicine and medical equipment for treatment bills for Rs.7,26,079/- were marked as Ex.P39. As per the dictum of the Hon'ble Supreme Court in the case of Sarala Verma and others v. Delhi Transport Corporation and other reported in 12/28
2009 (2) TNMAC 1, 1/3rd of the income of the deceased was deducted towards personal expenses, the contribution towards family was arrived at Rs.3,334/- [Rs.5,000-1,666(Rs.5,000x1/3)]. As per Sarala Verma case, the multiplier '5' was adopted. The loss of income was calculated as Rs. 2,00,040/- (3,334x12x5). The learned Tribunal has awarded the compensation under following heads:- Head Compensation awarded (I)Loss of Income [Rs.3334x12x5 (Rs.5,000-Rs.1666=Rs.3334)(Rs.
5,000x1/3=1666)]:
Rs.2,00,040/- (ii)Loss of love and affection of petitioner:
Rs.3,00,000/- (iii)Funeral and Transportation Expenses:
Rs.15,000/- (iv)Hospital bill, Medicine and Medical Equipment for treatment Bills:
Rs.7,26,079/- Total compensation awarded:
Rs.12,41,119/- with interest @ 7.5 % from the date of the claim until the realization and costs.
10.As far as M.C.O.P.No.5457 of 2013 is concerned, P.W.6 Devi has stated that she sustained fracture injuries in C3 to C4 spinal cord. To substantiate the same, the wound certificate was marked as Ex.P3 and Ex.P4. Medical bill to the tune of Rs.2,29,212/- was marked as Ex.P35 13/28
and case history was marked as Ex.P36, the follow up treatment particulars were marked as Ex.P37, Ex.P38 respectively. Though she claimed Rs.10,000/- towards monthly income, no proof of income was filed. A notional income of Rs.6,000 was fixed by the learned Tribunal. Dr.Ravi was examined as P.W.10 and he had given disability certificate which is marked as Ex.P64 and partial permanent disability was fixed at 38%. P.W.10 in his cross examination admitted that if P.W.6 followed the Doctor's instructions and did physiotherapy regularly 2 to 3% of disability could decrease. Hence, the learned Tribunal has fixed the partial permanent disability at 30% and awarded Rs.3,000/- compensation per percentage. The learned Tribunal has awarded the compensation under following heads:- Head Compensation awarded (I)Partial Permanent disability, Pain and suffering and suffering in total:
Rs.2,00,000/- (ii)Transportation Expenses, Attendant Charges and Extra Nourishment:
Rs.15,000/- (iii)Loss of income for six months: Rs.39,000/- (iv)Medical bill as per Ex.P35:
Rs.2,29,212/- (v)Loss of Amenities:
Rs.1,00,000/- 14/28
Total compensation awarded:
Rs.5,83,212/- with interest @ 7.5 % from the date of the claim until the realization and costs.
11.In M.C.O.P.No.5459 of 2013, PW.8 P.R.Ravi stated that he sustained fracture injury in his left hand and his full hand was damaged. The wound certificate and discharge summary of Parvathi hospital were marked as Ex.P50 and Ex.P51 respectively. The medical bills to the tune of Rs.2,14,927/- was marked as Ex.P53 and future operation treatment chart of Dr.Leo Joseph was marked as Ex.P54. The case sheet was marked as Ex.P52 and discharge summary of Vinothan hospital as Ex.P31. Dr.Ravi was examined as P.W.10 and he had given disability certificate Ex.P66 and Ex.P67 and partial permanent disability was fixed at 38%. P.W.10 in his cross examination admitted that if P.W.8 the injured followed the Doctor's instructions and did physiotherapy regularly 2 to 3% of disability could decrease. Hence, the learned Tribunal has fixed the partial permanent disability at 35% and awarded Rs.3,000/- compensation per percentage. The learned Tribunal has awarded the compensation under following heads:- 15/28
Head Compensation awarded (I)Partial Permanent disability, Pain and suffering and suffering in total:
Rs.2,50,000/- (ii)Transportation Expenses, Attendant Charges and Extra Nourishment:
Rs.15,000/- (iii)Medical bill as per Ex.P53:
Rs.2,14,927.60/- (iv)Loss of Amenities:
Rs.1,00,000/- Total compensation awarded:
Rs.5,34,927.60/- rounded off to Rs.5,35,000/- with interest @ 7.5 % from the date of the claim until the realization and costs.
12.Challenging the same, the appellant/second respondent/insurance company has filed this Civil Miscellaneous Appeal challenging the quantum fixed by the learned Tribunal. 13.As far as M.C.O.P.No.2931 of 2013 is concerned, the learned Tribunal has awarded Rs.2,50,000/- towards partial permanent disability and pain and suffering, which is exorbitant. The learned Tribunal ought not to have awarded a sum of Rs.1,00,000/- towards loss of amenities. 14.A critical perusal of the materials available in record would 16/28
reveal that the learned Tribunal has awarded exorbitant compensation under partial permanent disability, pain and suffering and loss of amenities. Hence, this Court is inclined to modify the same. Hence, the compensation towards partial permanent disability is to be calculated as Rs.3000x40%=Rs.1,20,000/- and for pain and suffering, a sum of Rs. 25,000/- is awarded. Under the head loss of amenities, a sum of Rs. 25,000/- is awarded. Thereby, the total compensation is reduced from Rs. 6,77,000/- to Rs.4,97,000/-.
Head Compensation awarded before learned Tribunal Compensation awarded before this Court Reduced/ Confirmed (I)Partial Permanent disability and Pain and suffering and suffering in total:
Rs.2,50,000/- Rs.1,45,000/- Reduced (ii)Transportatio n Expenses, Attendant Charges and Extra Nourishment:
Rs.15,000/- Rs.15,000/- Confirmed (iii)Medical bill as per Ex.P23:
Rs.2,81,500.50/- Rs.2,81,500.50/- Confirmed (iv)Loss of Amenities:
Rs.1,00,000/- Rs.25,000/- Reduced 17/28
(v)Loss of income for six months (Rs.
5,000x6):
Rs.30,000/- Rs.30,000/- Confirmed Total compensation awarded:
Rs.6,76,800.50 @ Rs.6,77,000/- Rs.4,96,500.50/- which is rounded off to Rs.4,97,000/- Reduced 15.As far as M.C.O.P.No.2933 of 2013 is concerned, the learned Tribunal has awarded Rs.2,75,000/- towards partial permanent disability and pain and suffering, which is exorbitant. The learned Tribunal ought not to have awarded a sum of Rs.2,00,000/- towards loss of amenities. 16.A critical perusal of the materials available in record would reveal that the learned Tribunal has awarded exorbitant compensation under the loss of amenities. Hence, this Court is inclined to modify the same. Hence, the compensation of Rs.50,000/- is awarded towards loss of amenities. Considering the fact that the injured Akshaya Prasanna is minor, this Court is not inclined to interfere with the award passed under the head partial permanent disability and pain and suffering. Thereby, the total compensation is reduced from Rs.5,45,600/- to Rs.3,96,000/-. 18/28
Head Compensation awarded before learned Tribunal Compensation awarded before this Court Reduced/ Confirmed (I)Partial Permanent disability, Pain and suffering and suffering in total:
Rs.2,75,000/- Rs.2,75,000/- Confirmed (ii)Transportatio n Expenses, Attendant Charges and Extra Nourishment:
Rs.15,000/- Rs.15,000/- Confirmed (iii)Medical bill as per Ex.P8:
Rs.55,574.50/- Rs.55,574.50/- Confirmed (iv)Loss of Amenities:
Rs.2,00,000/- Rs.50,000/- Reduced Total compensation awarded:
Rs.5,45,574.50/- @ Rs.5,45,600/- Rs.3,95,574.50/- which is rounded off to Rs.3,96,000/- Reduced 17.As far as M.C.O.P.No.2935 of 2013 is concerned, the learned Tribunal has awarded Rs.2,50,000/- towards partial permanent disability and pain and suffering, which is exorbitant. The learned Tribunal ought not to have awarded a sum of Rs.1,00,000/- towards loss of amenities. 19/28
18.A critical perusal of the materials available in record would reveal that the learned Tribunal has awarded exorbitant compensation under partial permanent disability and loss of amenities. Hence, this Court is inclined to modify the same. Hence, the compensation towards partial permanent disability is to be calculated as Rs.3000x40%=Rs. 1,20,000/- and for pain and suffering, a sum of Rs.25,000/- is awarded. Under the head loss of amenities, a sum of Rs.25,000/- is awarded. Thereby, the total compensation is reduced from Rs.7,16,200/- to Rs. 5,36,140/-.
Head Compensation awarded before learned Tribunal Compensation awarded before this Court Reduced/ Confirmed (I)Partial Permanent disability and Pain and suffering and suffering in total:
Rs.2,50,000/- Rs.1,45,000/- Reduced (ii)Transportatio n Expenses, Attendant Charges and Extra Nourishment:
Rs.15,000/- Rs.15,000/- Confirmed 20/28
(iii)Medical bill as per Ex.P23:
Rs.3,21,140/- Rs.3,21,140/- Confirmed (iv)Loss of Amenities:
Rs.1,00,000/- Rs.25,000/- Reduced (v)Loss of income for six months (Rs.
5,000x6):
Rs.30,000/- Rs.30,000/- Confirmed Total compensation awarded:
Rs.7,16,140/- @ Rs.7,16,200/- Rs.5,36,140/- Reduced 19.As far as M.C.O.P.No.5455 of 2013 is concerned, the learned Tribunal erred in awarding compensation under the head of loss of income and the compensation under the head love and affection and application of multiplier is incorrect.
20.A critical perusal of the materials available in record would reveal that the loss of income is duly calculated. However, towards loss of love and affection, an exorbitant amount of Rs.3,00,000/- by calculating Rs.1,00,000/- per head has been awarded and the same has to be reduced by following the dictum laid down in Magma General Insurance Co. Ltd. v Nanu Ram and others reported in 2018 ACJ 2782 (SC), the same should have been Rs.40,000/- each. Thereby, the total 21/28
compensation is reduced from Rs.12,41,119/- to Rs.10,61,119/-. Head Compensation awarded before learned Tribunal Compensation awarded before this Court Reduced/ Confirmed (I)Loss of Income [Rs.
3334x12x5 (Rs.
5,000-Rs.
1666=Rs.3334) (Rs.
5,000x1/3=1666 )]:
Rs.2,00,040/- Rs.2,00,040/- Confirmed (ii)Loss of love and affection of petitioner:
Rs.3,00,000/- Rs.1,20,000/- Reduced (iii)Funeral and Transportation Expenses:
Rs.15,000/- Rs.15,000/- Confirmed (iv)Hospital bill, Medicine and Medical Equipment for treatment Bills:
Rs.7,26,079/- Rs.7,26,079/- Confirmed Total compensation awarded:
Rs.12,41,119/- Rs.10,61,119/- Reduced 21.As far as M.C.O.P.No.5457 of 2013 is concerned, the learned Tribunal has awarded Rs.2,00,000/- towards partial permanent disability and pain and suffering, which is exorbitant. The learned Tribunal ought 22/28
not to have awarded a sum of Rs.1,00,000/- towards loss of amenities. 22.A critical perusal of the materials available in record would reveal that the learned Tribunal has awarded exorbitant compensation under partial permanent disability and loss of amenities. Hence, this Court is inclined to modify the same. Hence, the compensation towards partial permanent disability is to be calculated as Rs.3000x30%=Rs. 90,000/- and for pain and suffering, a sum of Rs.25,000/- is awarded. Under the head loss of amenities, a sum of Rs.25,000/- is awarded. Thereby, the total compensation is reduced from Rs.5,83,212/- to Rs. 3,98,212/-.
Head Compensation awarded before learned Tribunal Compensation awarded before this Court Reduced/ Confirmed (I)Partial Permanent disability, Pain and suffering and suffering in total:
Rs.2,00,000/- Rs.1,15,000/- Reduced (ii)Transportatio n Expenses, Attendant Charges and Extra Nourishment:
Rs.15,000/- Rs.15,000/- Confirmed 23/28
(iii)Loss of income for six months:
Rs.39,000/- Rs.39,000/- Confirmed (iv)Medical bill as per Ex.P35:
Rs.2,29,212/- Rs.2,29,212/- Confirmed (v)Loss of Amenities:
Rs.1,00,000/- Rs.25,000/- Reduced Total compensation awarded:
Rs.5,83,212/- Rs.3,98,212/- Reduced 23.As far as M.C.O.P.No.5459 of 2013 is concerned, the learned Tribunal has awarded Rs.2,50,000/- towards partial permanent disability and pain and suffering, which is exorbitant. The learned Tribunal ought not to have awarded a sum of Rs.1,00,000/- towards loss of amenities. 24.A critical perusal of the materials available in record would reveal that the learned Tribunal has awarded exorbitant compensation under partial permanent disability and loss of amenities. Hence, this Court is inclined to modify the same. Hence, the compensation towards partial permanent disability is to be calculated as Rs.3000x35%=Rs. 1,05,000/- and for pain and suffering, a sum of Rs.25,000/- is awarded. Under the head loss of amenities, a sum of Rs.25,000/- is awarded. 24/28
Thereby, the total compensation is reduced from Rs.5,35,000/- to Rs. 3,85,000/-.
Head Compensation awarded before learned Tribunal Compensation awarded before this Court Reduced/ Confirmed (I)Partial Permanent disability and Pain and suffering and suffering in total:
Rs.2,50,000/- Rs.1,30,000/- Reduced (ii)Transportatio n Expenses, Attendant Charges and Extra Nourishment:
Rs.15,000/- Rs.15,000/- Confirmed (iii)Medical bill as per Ex.P23:
Rs.2,14,927.60/- Rs.2,14,927.60/- Confirmed (iv)Loss of Amenities:
Rs.1,00,000/- Rs.25,000/- Reduced Total compensation awarded:
Rs.5,34,927.60/- @ Rs.5,35,000/- Rs.3,84,927.60/- which is rounded off to Rs.3,85,000/- Reduced 25.The petitioners/claimants are entitled to aforesaid compensation with interest at the rate of 7.5% from the date of the claim petition till the date of realization. The appellant/insurance company is directed to 25/28
deposit the award amount with 7.5% interest from date of the claim petition till the date of realization and the amount if not deposited earlier, has to be deposited within a period of 8 weeks from the date of receipt of copy of this order. On such deposit, the major claimants are permitted to withdraw the award amount after deducting any amount received by them earlier without filing any formal petition before the Tribunal. Insofar as the share of the minor claimant/petitioner in Ahsaya Prasana is concerned, the learned Tribunal is directed to deposit the award amount in a Fixed Deposit under a periodically renewable scheme till they attain majority and the Guardian of the minor is permitted to withdraw the interest accrued thereon once in three months for the welfare of the minors. The appellant/insurance company is entitled to withdraw the excess amount if any.
26/28
26.Accordingly, these Civil Miscellaneous Appeals stands partly allowed. There shall be no order as to costs. 12.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes Mrn To 1.The Motor Accident Claims Tribunal cum Special District Judge, (Full Additional Charge), Tiruchirappalli.
2.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.
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L.VICTORIA GOWRI, J.
Mrn C.M.A.(MD)Nos.331 to 336 of 2019 12.01.2024 28/28