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National Insurance Company Ltd. Jawahar Bazaar, Karur Vs Madhialagar and Another - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberC.M.A(MD)No. 985 of 2005 & C.M.P.(MD)No. 6124 of 2005
Judge
Excerpt:
.....against the judgment and decree dated 17.11.2003 made in m.c.o.p.no.793 of 1998 on the file of the motor accident claims tribunal/additional district judge (fast track court no.2), tiruchirappalli.) 1. the appellant/national insurance company ltd., filed the present c.m.a.(md)no.985 of 2005, challenging the award passed in m.c.o.p.no.793 of 1998 by the motor accidents claims tribunal/ additional district judge (fast track court no.2), tiruchirappalli. 2. it is a case of injury caused due to the accident that took place at about 11.00 a.m. on 15.11.1996 at salia mangalam, thanjavur nagar main road. the injured victim filed application seeking compensation before the motor accident claims tribunal/additional district judge (fast track court no.2), tiruchirappalli and the tribunal.....
Judgment:

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 17.11.2003 made in M.C.O.P.No.793 of 1998 on the file of the Motor Accident Claims Tribunal/Additional District Judge (Fast Track Court No.2), Tiruchirappalli.)

1. The appellant/National Insurance Company Ltd., filed the present C.M.A.(MD)No.985 of 2005, challenging the award passed in M.C.O.P.No.793 of 1998 by the Motor Accidents Claims Tribunal/ Additional District Judge (Fast Track Court No.2), Tiruchirappalli.

2. It is a case of injury caused due to the accident that took place at about 11.00 a.m. on 15.11.1996 at Salia Mangalam, Thanjavur Nagar Main Road. The injured victim filed application seeking compensation before the Motor Accident Claims Tribunal/Additional District Judge (Fast Track Court No.2), Tiruchirappalli and the Tribunal considering the facts and circumstances of the case awarded Rs.3,65,000/- towards total compensation.

3. The award passed by the Motor Accident Claims Tribunal in M.C.O.P.No.793 of 1998 on 17.11.2003 is challenged by the appellant Insurance Company mainly on the ground that the quantum is excessive in view of the fact that the Tribunal ought not to have granted Rs.1,00,000/- towards partial permanent disability and during the relevant time when the accident took place, injured had been awarded Rs.1,000/- for each percent of disability and therefore, the Tribunal ought to have granted only Rs.60,000/-. This apart, the Tribunal ought not have award a sum of Rs.40,000/- towards medical expenses when the claimant took treatment in Government Hospital and no medical bills were produced to prove the expenses.

4. This Court considered the rival submission and perused the materials available on record.

5. Evidence on record shows that the claimant took treatment in Government Hospital at free of cost. Further, he has not produced any documents to show that he has incurred medical expenses. Therefore, the Tribunal ought not to have granted Rs.40,000/- towards medical expenses. Therefore, the amount awarded under that head is deleted. The claimant sustained injuries on 15.11.1996. P.W.2 Dr.Rajagopal assessed his disability at 60%. During the relevant period of time, the claimants were awarded compensation towards partial permanent disability at the rate of Rs.1,000/- for each percent of disability. If accordingly, worked out the claimant has to be awarded only Rs.60,000/-. However, the Tribunal committed error in awarding a sum of Rs.1,00,000/- towards partial permanent disability. Accordingly, the said amount is reduced to Rs.60,000/-. The Tribunal also awarded Rs.20,000/- towards pain and sufferings, Rs.10,000/- towards nutritious food, Rs.1,50,000/- towards loss of income and Rs.45,000/- towards future loss of income, which do not warrant interference by this Court. Accordingly, the compensation awarded by the Tribunal is modified as under:

For pain and sufferingRs. 20,000.00
For permanent disabilityRs. 60,000.00
For Nutritious foodRs. 10,000.00
For Loss of incomeRs.1,50,000.00
For Future loss of incomeRs. 45,000.00
TotalRs.2,85,000.00
6. In respect of the finding of the Tribunal on the point of negligence, this Court is not inclined to interfere with same and the same need not be considered.

7. In the result, the Civil Miscellaneous Appeal is partly allowed and the compensation awarded by the Tribunal is reduced to Rs.2,85,000/- (Rupees Two Lakhs Eightyfive Thousand only) from Rs.3,65,000/-. The learned counsel for the appellant would submit that the entire award amount has been deposited and therefore the appellant is permitted to withdraw the excess payment of Rs.80,000/- (Rupees Eighty Thousand only) with appropriate interest and costs. The 1st respondent/claimant is permitted to withdraw the modified award amount with accrued interest and costs through RTGS by filing appropriate application before the Tribunal. In all other aspects the award of the Tribunal is confirmed. Consequently, connected Miscellaneous Petition is closed. No costs.


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