M/S.United India Insurance Co Ltd v. R.Bharathi

G.K. ILANTHIRAIYAN, J.

AND R. POORNIMA, J.

The matters are listed today under the caption 'for being mentioned' at the instance of the learned counsel appearing for the appellant.

2.The learned counsel appearing for the appellant submitted that in respect of C.M.A(MD)No.163 of 2026, this Court modified the award passed in M.C.O.P.No.426 of 2021, dated 18.03.2025, towards the head of loss of earning power, by applying the multiplier of '15', as "[12,000/- X 12 X 10 X 50/100 = Rs.10,80,000/-]". However, it has been wrongly calculated as "[Rs.12,000 X 12 X 15 = Rs.21,60,000/-]. Further, in respect of the amount awarded towards the loss of future prospects, out of a sum of Rs.10,80,000/- (loss of earning power), 40% has to be deducted. The same also needs to be modified. Therefore, he prayed for appropriate corrections.

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3.In view of the said submission, paragraphs 9 to 13 of the order dated 11.02.2026 shall be substituted by the following paragraphs: "9.By applying the multiplier of '15', the loss of earning power is recalculated as follows:

Rs.12,000 X 12 X 15 X 50/100 = Rs.10,80,000/-. 10.With regard to the loss of future prospects, the same may be calculated as follows:

Rs.10,80,000/- X 40/100 = Rs.4,32,000/- 11.Insofar as the amounts awarded under the other heads, namely medical expenses, pain and sufferings, attender charges and extra nourishment, the same are confirmed as awarded by the Tribunal. Accordingly, this Court re-determines the compensation as follows: Under the Head of Amount Compensation Loss of earning power Rs.10,80,000/- Loss of future Rs. 4,32,000/- prospects Medical Expenses Rs. 1,55,421/- Pain and Sufferings Rs. 50,000/- Attender charges Rs. 12,000/- Extra nourishment Rs. 30,000/- Total Rs.17,59,421/- Page No.2 of 5

12.Thus, the claimant in M.C.O.P.No.426 of 2021 is entitled to the modified compensation of Rs.17,59,421/- with interest at the rate of 7.5% per annum from the date of claim petition till the date of realisation, as against the sum of Rs. 36,74,621/- with 7.5% interest per annum awarded by the Tribunal.

13.Accordingly, C.M.A(MD)No.163 of 2026 is partly allowed to the extent indicated above. In fine, the award passed in M.C.O.P.No.426 of 2021, dated 18.03.2025, on the file of the Motor Accident Claims Tribunal, Special District Court No.1, Tiruchirappalli, is modified. The appellant is directed to deposit the modified award amount with interest at the rate of 7.5% per annum from the date of claim petition till the date of realisation, less the amount already deposited, if any, as awarded by this Court, to the credit of the claim petition, within a period of six weeks from the date of receipt of a copy of this judgment, if not already deposited. On such deposit, the claimant is permitted to withdraw the entire award amount with proportionate interest and costs by filing formal permission petition before the Tribunal. 14.In fine, the award passed in M.C.O.P.No.432 and 433 of 2021, dated 18.03.2025, on the file of the Motor Page No.3 of 5

Accident Claims Tribunal, Special District Court No.1, Tiruchirappalli, are confirmed. C.M.A(MD)Nos.164 and 165 of 2026 are dismissed. The appellant is directed to deposit the entire award amount with interest and costs as awarded by the Tribunal, less the amount already deposited, to the credit of the claim petition, within a period of six weeks from the date of receipt of a copy of this judgment, if not already deposited. On such deposit, the claimant in M.C.O.P.No.432 of 2021 is permitted to withdraw the entire award amount with proportionate interest and costs by filing formal permission petition before the Tribunal and the claimants 1 and 2/respondents 1 and 2 in M.C.O.P.No.433 of 2021 are permitted to withdraw their respective shares with proportionate interest and costs by filing formal permission petition before the Tribunal and in respect of the claimants 3 and 4/respondents 3 and 4 in M.C.O.P.No.433 of 2021 was dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.

4. Registry is directed to carry out the aforesaid substitution and issue corrected copy to the respective parties. [G.K.I.J.,] & [R.P.J.,] NCC :Yes/No 18.02.2026 Index :Yes/No ps Page No.4 of 5

G.K. ILANTHIRAIYAN, J.

AND R. POORNIMA, J.

ps 19.02.2026 Page No.5 of 5