BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28/02/2008 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA C.M.A.(MD)No.1395 of 2007 and M.P.(MD) No.2 of 2007 and 1 of 2008 M/s. United India Insurance Company Ltd., Through its Divisional Manager, 33, Prominade Road, Cantonment, Trichy District. .. Appellant Vs. 1.G.Kumar 2.G.Prabhu .. Respondents Prayer Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Decree and Judgment dated 27.04.2006, passed in M.C.O.P.No.2025 of 2004, on the file of the Motor Accidents Claims Tribunal/III Additional Sub Judge, Trichy. !For Appellant ... Mr.R.Srinivasan ^For 1st Respondent ... Mr.B.Prasana Vinoth For 2nd Respondent ... Mr.S.Muthu Venkatesan :JUDGMENT
This appeal is focussed as against the judgment and decree dated
27.04.2006, passed in M.C.O.P.No.2025 of 2004, on the file of the Motor
Accidents Claims Tribunal/III Additional Sub Judge, Trichy.
2. Heard both sides.
3. The challenge in this Civil Miscellaneous Appeal is relating to the
quantum of compensation awarded by the Tribunal, vide judgment dated 27.04.2006,
to a tune of Rs.1,39,500/-(Rupees One Lakh Thirty Nine Thousand and Five Hundred
only) on the following sub-heads:
(i) For Permanent Disability - Rs. 67,500.00 (ii) For Pain and Sufferings - Rs. 25,000.00 (iii) For Medical Expenses and Transport and food expenses for the attendants - Rs. 5,000.00 (iv) For Loss of income during treatment period and convalescent period - Rs. 5,000.00
(v) For Future Medical Expenses – Rs. 25,000.00
(vi) For Mental Agony – Rs. 10,000.00
(vii)For taking nutritious food – Rs. 2,000.00
—————
Total – Rs. 1,39,500.00
—————
4. Being aggrieved by and dissatisfied with the said award, the appellant
insurance company filed this appeal on the grounds inter-alia thus:
The Tribunal in addition to having awarded a sum of Rs.25,000/- towards
pain and sufferings also awarded Rs.10,000/- towards mental agony, over and
above in awarding a sum of Rs.25,000/- towards future medical expenses.
Accordingly, the appellant prays for modifying the quantum of compensation.
5. During trial, on the side of the claimants P.W.1 and P.W.2 were
examined and Exs.P.1 to 7 were marked. There was no oral or documentary
evidence adduced on the side of the respondents.
6. The Point for consideration is as to whether the compensation awarded
is just and proper?
7.Point: The learned counsel for the appellant/insurance company by
drawing the attention of this Court to memorandum of appeal would develop his
argument to the effect that there should not be duplication of award of
compensation under various sub heads. The learned counsel for the claimant
would submit that this is not a simple case of fracture of right Femur, but the
claimant underwent serious laparotomy and in that process his muscle also got
incapacitated to some extent. Consequently, the Doctor assessed the permanent
disability at 45% and as such the compensation awarded is moderate.
8. The Tribunal towards permanent disability awarded a sum of Rs.67,500/-,
whereas under various other sub heads the Tribunal awarded compensation ignoring
the well established norms. Considering the fact that the claimant being an
young man of 32 years, working as electrical supervisor sustained injuries
during the year 2004, a sum of Rs.2,000/- for each percentage of permanent
disability could be awarded. Accordingly, it comes to 45 x 2 = Rs.90,000/-
(Rupees Ninety Thousand only). Under the sub-head pain and sufferings a sum of
Rs.15,000/- (Rupees Fifteen Thousand only) could be awarded. For loss of income
during the treatment period and the convalescent period a sum of Rs.5,000/- as
awarded by the Tribunal, could be confirmed, because such period there would
have been no possibility of himself working and earning. Towards taking
nutritious food a sum of Rs.2,000/- was awarded, which also could be confirmed.
Even though he might have taken medical treatment in Government Hospital,
nonetheless he might have incurred some medical expenses, for which a sum of
Rs.3,000/- (Rupees Three Thousand only) could be awarded in addition to awarding
a sum of Rs.2,000/- (Rupees Two Thousand only) towards transport charges.
Accordingly, the compensation awarded, is modified as under:
(i) For Permanent Disability - Rs. 90,000.00 (ii) For Pain and Sufferings - Rs. 15,000.00 (iii) For Medical Expenses - Rs. 3,000.00 (iv) For Loss of income during treatment period and convalescent period - Rs. 5,000.00 (v) For Transport Expenses - Rs. 2,000.00 (vi) For taking nutritious food - Rs. 2,000.00 --------------- Total - Rs. 1,17,000.00 ---------------
11. In the result, this appeal is partly allowed and the compensation
awarded is reduced from Rs.1,39,500/-(Rupees One Lakh Thirty Nine Thousand and
Five Hundred) to Rs.1,17,000/- (Rupees One Lakh and Seventeen Thousand only).
In other aspects the award shall hold good. Consequently, connected M.P.(MD)
No.2 of 2007 and 1 of 2008 are closed. No costs.
sj
To
The Motor Accidents Claims Tribunal,
(Subordinate Judge),
Trichy.