United India Insurance Company Ltd v. Bhuvaneshwar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2024

CORAM

THE HON'BLE MRS.JUSTICE S.SRIMATHY and C.M.P(MD)No.14837 of 2023 The United India Insurance Company Limited, Divisional Office 280600, 13A, SBI Complex, Nethaji Road, Manjakuppam, Cuddalore 607 001.

Divisional Office, No. 4 Ist Floor, Bharathidasan Road, Trichy - 1.

... Appellant Vs.

1. Bhuvaneshwar

2. R.Subramanian ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, to set aside the Judgment and Decree dated 22.09.2022 passed in MCOP No. 404 of 2020 on the file of the Motor Accidents Claims Tribunal (III Additional Sub court), Tiruchirappalli. For Appellant : M/s.I.Robert Chandrakumar For R-1 : Mr.K.Sivabalan For R-2 : No appearance 1/6

JUDGEMENT This Civil Miscellaneous Appeal is filed by the Insurance Company to set aside the Judgment and Decree, dated 22.09.2022 passed in MCOP No. 404 of 2020 on the file of the Motor Accidents Claims Tribunal (III Additional Sub court), Tiruchirappalli.

2. It is a case of injury. At the time of accident, the claimant was aged about 16 years, a minor, was driving the vehicle without wearing helmet. Further the minor was coming from East to West and the offending vehicle was coming from West to East. When the minor was driving his two-wheeler from East to West, he ought to have keep left side, instead of keeping left, the minor has crossed the meridian and hence, the accident has occurred. In such circumstances, contributory negligence ought to be fixed on the minor claimant as well.

3. Further, it is seen from the records the vehicles had head on collision. In such circumstances, contributory negligence ought to be fixed on the offending vehicle also and the entire negligence cannot be fixed on 2/6

the minor. Therefore, this Court is inclined to fix contributory negligence on the minor as 30% and therefore, the Appellant/Insurance Company is liable to pay 70% of the compensation amount.

4. The Learned Counsel appearing for the Claimant submitted that the Tribunal has not fixed any compensation under the head of future prospectus. Considering the age of the claimant, this Court is inclined to grant future prospectus for 10%.

5. Accordingly, the claimant is entitled for compensation as follows:

S.

No.

Description Amount awarded by Award confirmed / enhanced / granted Tribunal this Court 1.

For permanent disability and loss of amenities and future prospectus Rs.4,00,000/- Rs. 4,40,000/- Enhanced [Rs.4,00,000 @ 10% = Rs.40,000] 2.

For Pain and suffering Rs.1,50,000/- Rs. 1,50,000/- confirmed 3.

For loss of Consortium to the parents Rs. 23,000/- Rs. 23,000/- confirmed 4.

For Future Medical expenses Rs. 25,000 /- Rs. 25,000/- confirmed 5.

Extra Nourishment Expenses Rs. 15,000/- Rs. 15,000/- confirmed 6.

Attender Expenses Rs. 10,000/- Rs. 10,000/- confirmed 7.

Transport Expenses Rs. 10,000/- Rs. 10,000/- confirmed 3/6

8.

Damages to clothing and articles Rs. 5,000/- Rs. 5,000/- confirmed Medical Bills Rs. 4,68,444/- Rs. 4,68,444/- confirmed Total Rs. 11,06,444/- Rs. 11,46,444/- Since this Court is fixing contributory negligence on the claimant is 30%, the Appellant/Insurance Company is liable to pay 70% of the total compensation i.e., Rs.8,02,508/-with interest at 7.5% p.a., from the date of claim petition till the date of realization along with Costs.

6. Accordingly, this Civil Miscellaneous Appeal is partly allowed. The Appellant/Insurance Company is directed to deposit to the tune of Rs.8,02,508/-with interest at 7.5% p.a., from the date of claim petition till the date of realization along with Costs within a period of Eight weeks from the date of receipt of a copy of this Judgment, less the amount if already deposited. On such deposit being made, the claimant is permitted to withdraw the same, less the amount already withdrawn by him, if any, by filing appropriate application before the Tribunal. 4/6

7. With these modifications, this Civil Miscellaneous Appeal is partly allowed. No Costs. Consequently, connected miscellaneous appeal is closed.

15.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No KSA To

1. The Motor Accidents Claims Tribunal/ (III Additional Sub court), Tiruchirappalli.

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

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S.SRIMATHY, J.

KSA Order made in 15.03.2024\ 6/6