Partly allowed

M/S. New India Assurance Co. v. Mr. D. Murugan

Madras HC9 Mar 2017CMA/1659/2016

Case brief

AI extract

What is this about?

The Madras High Court modified the quantum of compensation awarded by the Motor Accidents Claims Tribunal. The court reduced the loss of future earning percentage from 80% to 40% and adjusted other heads, lowering the total award from Rs. 38.72 lakhs to Rs. 23.98 lakhs.

What did the court decide?

Civil Miscellaneous Appeal partly allowed; compensation determined at Rs. 23,98,000/-; insurer directed to deposit balance with interest.

M/S. New India Assurance Co. Vs Mr. D. Murugan — Contract and Commercial Disputes | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE OF MADRAS

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DATED: 09.03.2017

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CORAM:

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THE HON’BLE MR. JUSTICE S. MANIKUMAR AND

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THE HON'BLE MR. JUSTICE M.GOVINDARAJ

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M/s.New India Assurance Co. Ltd. No.1, Bharathi Road Arcot Woodlands Building Cuddalore District ... Appellant/Respondent II Vs.

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1.D.Murugan ... 1st Respondent/Petitioner 2.M/s.Sri Vinayaga Transport Ltd. No.69, Thatta Muthiah Street Sowcarpet, Broadway Chennai - 01 ... 2nd Respondent/1st Respondent

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Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree, dated 27.01.2016 made in MCOP No.596 of 2015, on the file of Motor Accidents Claims Tribunal (Special Sub Judge), Cuddalore.

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For Appellant : Mr.J.Chandran

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For Respondents: Mrs.Ramya V Rao

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for R1

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JUDGMENT

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Quantum of compensation of Rs.38,72,294/- with interest, at the rate of 7.5% and costs, awarded in MCOP No.596/2015 on the file of the Motor Accidents Claims Tribunal (Special Sub Judge), Cuddalore, to the injured, is challenged, solely on the ground that it is excessive. Tribunal has quantified the said sum as hereunder:

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https://hcservices.ecourts.gov.in/hcservices/

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Loss of future earning Rs.25,482 x 12 x 80% x 13 : Rs. 31,80,154/Medical Expenses : Rs. 1,22,140/Mental disability : Rs. 1,75,000/Pain & Suffering : Rs. 1,00,000/Attender Charges : Rs. 50,000/Transport : Rs. 25,000/Nourishment : Rs. 15,000/Loss of article : Rs. 5,000/Future Medical Expenses : Rs. 2,00,000/------------------(Artificial limb) : Rs. 38,72,294/-

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Though challenge to the quantum is made on various grounds, going through the judgment and considering the submissions of the learned counsel appearing for the parties, we deem it fit that the extent of disablement and the consequent percentage of earning capacity is on the higher side and compensation awarded under other heads, also require modification. Going through the medical evidence, we are of the view that, reduction is required in loss of earning capacity and compensation is worked as hereunder:

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Loss of income during treatment Rs.25,842 x 6 months : Rs. 1,52,892/Loss of future earning Rs.25,482 x 12 x 40% x 13 : Rs.15,90,077/Medical Expenses : Rs. 50,000/Loss of amenities : Rs. 1,00,000/Pain & Suffering : Rs. 1,00,000/Attender Charges : Rs. 50,000/Transport : Rs. 50,000/Nourishment : Rs. 50,000/Loss of article : Rs. 5,000/Future Medical Expenses : Rs. 2,50,000/------------------(Artificial limb) : Rs.23,97,969/------------------Rounded off to : Rs.23,98,000/-

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Compensation now determined by this court is Rs.23,98,000/-. Learned counsel for the appellant/insurance company submitted that 50% of the award amount with proportionate interest and costs, has already been deposited. Hence the appellant/insurance company is directed to deposit the balance amount with proportionate interest to the credit of MCOP No.596 of 2015 on the file of Motor Accident Claims Tribunal (Special Sub Judge),

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https://hcservices.ecourts.gov.in/hcservices/

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Cuddalore, within a period of four weeks from the date of receipt of a copy of this judgment. Tribunal is further directed to disburse the compensation amount, after due verification and identity of the claimant/1st respondent. We direct that, there should be strict compliance.

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In the result, the civil miscellaneous appeal is partly allowed to the extent indicated above. No costs. Consequently, the connected civil miscellaneous petition is closed.

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Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
asr
To
The Motor Accident Claims Tribunal
(Special Sub Judge), Cuddalore.
Copy to
The Section Officer,
VR Section, High Court, Madras.
+1cc to M/S.J.Chandran, Advocate Sr.15427
+2cc to M/S.A.N.Vishwanatha Rao, Advocate Sr.15184
C.M.A.No.1659 of 2016
and
C.M.P. No.12648 of 2016
sks[co]
srg 27/03/2017

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https://hcservices.ecourts.gov.in/hcservices/

M/S. New India Assurance Co. v. Mr. D. Murugan

Case brief

What is this about?

What did the court decide?

M/S. New India Assurance Co. v. Mr. D. Murugan

Case brief

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What did the court decide?

What the court decided

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