BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05/11/2007 CORAM: THE HONOURABLE MR.JUSTICE G.RAJASURIA C.M.A.(MD) No.450 of 2007 and M.P.(MD)No.1 of 2007 Ms.United India Insurance Co. Ltd., N.S.C. Bose Road, 3rd Floor, Sowcarpet, Chennai - 600 079. ... Appellant Vs 1.Gowtham alias Gowthamkumar 2.Vidhyanathan ... Respondents Prayer Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the Judgement and Decree dated 28.11.2005 passed in MCOP.No.13 of 2005 by the learned Motor Accidents Claims Tribunal cum the Subordinate Judge, Karur. !For Appellant ... Mr.N.Murugesan ^For Respondent No.1 ... Mr.N.Shanmugaselvam For Respondent No.2 ... No appearance :JUDGMENT
This appeal is focussed as against the Judgement and Decree passed dated
28.11.2005 passed in MCOP.No.13 of 2005 by the learned Motor Accidents Claims
Tribunal cum the Subordinate Judge, Karur.
2. Heard both sides.
3. A re’sume’ of facts absolutely necessary and germane for the disposal
of this Civil Miscellaneous Appeal would run thus:
The Tribunal vide Judgement dated 28.11.2005 has awarded compensation to a
tune of Rs.1,66,800/- (Rupees one lakh sixty six thousand and eight hundred
only) on the following sub-heads:
For injuries – Rs. 70,000/-
For medical expenses – Rs. 21,800/-
For disability – Rs. 25,000/-
For pain and sufferings – Rs. 20,000/-
For transportation and
extra nourishment – Rs. 5,000/-
For loss of future
amenities – Rs. 25,000/-
————-
Total – Rs.1,66,800/-
————-
4. Being aggrieved by and dissatisfied with, the Judgment and decree of
the Tribunal, this appeal has been filed on the main ground that the Tribunal
has awarded Rs.25,000/- (Rupees twenty five thousand only) for two grievous
injuries and for four simple injuries at the rate of Rs.5000/- (Rupees five
thousand only) each and it totally quantified the compensation for injuries
alone at Rs.70,000/- (Rupees seventy thousand only) in addition to awarding a
sum of Rs.1,00,000/- (Rupees one lakh only) towards sub heads.
5. The point for consideration is as to whether the method and manner in
which the compensation was arrived at in accordance with law?
6.On point:
The learned counsel for the appellant Insurance Company would submit that
for each type of injury awarding separate compensation would not be tenable and
in an overall manner, the injuries ought to have been viewed by the Tribunal and
accordingly compensation should have been quantified.
7. The learned counsel for the first respondent/claimant would draw the
attention of this Court to the seriousness of the head injury sustained by the
petitioner and accordingly, he would submit that the compensation awarded need
not be disturbed.
8. The wound certificate would reveal the following injuries:
“1.Multiple lacerated wounds present over the (Lt) side of the face.
Contaminated wound +.
2. Multiple lacerated wounds present over the (Rt) side of the neck.
Contaminated wound +.
3.Pain & tenderness present over the neck & head.
4.Multiple small abrasions all over the body varying in size and shape”.
9. As per the C.T. Scan Brain, the following results are found recorded:
“23.09.2004: 1.Intra ventricular hemorrhage with cerebral edema.
2. Fracture (Lt) temporal bone present.
02.10.2004: No evidence of intra cerebral hemorrhage. No evidence of
cerebral edema”.
10. As such, in my opinion, the study of C.T.Scan Brain, demonstrates the
seriousness of the injury sustained by the claimant. In my opinion, the
methodology adopted by the Tribunal in awarding compensation for each and every
injury is not tenable. However, I would agree with the submissions made by the
learned counsel for the first respondent/claimant that the fracture of skull
bone should not be taken lightly. Hence, considering the fact that the
petitioner sustained fracture of the skull bone and the intra ventricular
hemorrhage with cerebral edema, in addition to the simple injuries, awarding a
sum of Rs.50,000/- (Rupees fifty thousand only) towards the sub head “injuries”
would meet the ends of justice and in respect of other sub heads, the
compensation awarded can be left as such without being interfered with.
Accordingly, the compensation is modified as under:
For injuries – Rs. 50,000/-
For medical expenses – Rs. 21,800/-
For disability – Rs. 25,000/-
For pain and sufferings – Rs. 20,000/-
For transportation and
extra nourishment – Rs. 5,000/-
For loss of future
amenities – Rs. 25,000/-
————-
Total – Rs.1,46,800/-
————-
7. In the result, this Civil Miscellaneous Appeal is partly allowed and
the award of the Tribunal is reduced from Rs.1,66,800/- (Rupees one lakh sixty
thousand and eight hundred only) to Rs.1,46,800/- (Rupees one lakh forty
thousand and eight hundred only), which shall carry
interest at the rate of 7.5% as directed by the Tribunal. No costs.
Consequently, connected Miscellaneous Petition is closed.
smn
To
Motor Accidents Claims Tribunal cum
the Subordinate Judge, Karur.