The Branch Manager v. Vasanthi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2024
CORAM
THE HON'BLE MRS.JUSTICE S.SRIMATHY The Branch Manager, M/s.United India Insurance Company Limited, No.391, Tenkasi Road, Rajapalayam, Virudhunagar District.
... Appellant Vs.
1.Vasanthi 2.Senthilkumar ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act 1988, against the judgment and decree, dated 12.01.2023, made in M.C.O.P.No.15 of 2019, on the file of the Principal Sub Judge, Srivilliputhur. For Appellant : Mr.S.Royce Immanuel For R1 : Mr.M.Thirunavukkarasu For R2 : No appearance ***** 1/5
JUDGEMENT The Insurance Company has preferred this Civil Miscellaneous Appeal. 2.It is a case of injury. The contention of the Insurance Company is that the husband of the injured has preferred the FIR and he has investigated without the permission of the higher officials and the entire investigation is in favour of the injured person which cannot be accepted and the same was not denied by the claimant. However, the fact remains that the injured had suffered 63% permanent disability and she underwent 8 operations. Therefore, this Court is not inclined to interfere with the compensation that is awarded by the Tribunal. However, it is not the mistake of the offending vehicle as well. Therefore, the appellant shall pay the amount and recover the same from the 2nd respondent herein who is the owner of the two-wheeler.
3. As far as the loss of amenities is concerned, this Court is of the considered opinion that the amount awarded by the Tribunal is on a higher side. Therefore, the same is reduced to Rs.50,000/- from Rs.1,00,000/-. The rest of the award granted under the other heads are confirmed. The modified compensation 2/5
is as under:
Sl.No .
Head of compensation Modified award granted by this Court Award granted by the Tribunal 1.
Permanent Disability (63% * Rs.5000/-) Rs.3,15,000/- (confirmed) Rs.3,15,000/- 2.
Medical Expenses Rs.4,68,105/- (confirmed) Rs.4,68,105/- 3.
Attender Charges Rs.35,000/- (confirmed) Rs.35,000/- 4.
Pain and Suffering Rs.2,00,000/- (confirmed) Rs.2,00,000/- 5.
Loss of Amenities Rs.50,000/- (reduced) Rs.1,00,000/- 6.
Transportation Rs.10,000/- (confirmed) Rs.10,000/- 7.
Nutrition Rs.5,000/-(confirmed) Rs.5,000/- 8.
Damage to clothing and property Rs.2,000/-(confirmed) Rs.2,000/- Total Rs.10,85,105/- (reduced) Rs.11,35,105/- 4.The appellant is directed to deposit Rs.10,85,105/- with interest at the rate of 7.5% per annum and costs to the credit of M.C.O.P., on the file of claims Tribunal, less the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this judgment. On such deposit, the claimant is permitted to withdraw their shares with proportionate accrued interests and costs, less the amount already withdrawn by her, if any, by filing appropriate application before the Tribunal. The appellant Insurance Company is entitled to recover the same from the owner of the two-wheeler / 2nd respondent herein, by way of filing Execution Petition, without actually filing a suit as held by Hon'ble 3/5
Apex Court in the judgment reported in 2004 (2) CTC 464 (Oriental Insurance Co., Ltd., vs. Shri Nanjappan and others).
5. With the above said directions, the Civil Miscellaneous Appeal is partly allowed. No costs.
26.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Tmg To 1.Principal Sub Judge, Srivilliputhur.
2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY, J.
Tmg 26.02.2024 5/5