The Madurai Bench of the Madras High Court modified the compensation awarded by the Tribunal. It reduced the total sum from Rs.8,29,680 to Rs.5,30,000 by reworking components for disability, income loss, medical expenses, and other claims.
Award modified; compensation fixed at Rs.5,30,000. Appellant directed to deposit balance amount with interest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.11.2017
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
C.M.A.(MD)No.1153 of 2015 and MP(MD)No.1 of 2015
Royal Sundaram Allance Insurance Company Ltd, Number 176 D & E, Trivandrum Road, Tirunelveli, Rep.by its Branch Manager.
... Appellant
Vs. 1.Murugan 2.Seenivasan
... Respondents
Prayer : This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 06.04.2015 made in MCOP.No.932 of 2014 on the file of the Motor Vehicles Accident Claims Tribunal, Special Sub Judge, Tirunelveli.
For Appellant : Mr.M.Jerin Mathew for Mr.M.E.Ilango For Respondents : No appearance.
JUDGMENT
The insurance company has filed this appeal questioning the award dated 06.04.2015 made in MCOP.No.932 of 2014 on the file of the Motor Vehicles Accident Claims Tribunal, Special Sub Judge, Tirunelveli on the ground of quantum.
2.The claimant had suffered crush injury on his right leg. Even though the functional disability has not been established, the Tribunal adopted multiplier method and awarded a sum of Rs.8,29,680/-. Therefore, this Court will have to necessarily interfere in the matter and rework the compensation as follows :
For disability compensation : Rs 1,40,000/For loss of income : Rs. 30,000/Transportation and attender charges : Rs. 20,000/Pain and sufferings : Rs. 50,000/Loss of amenities : Rs. 40,000/Medical expenses : Rs.2,50,000/-----------------https://hcservices.ecourts.gov.in/hcservices/ (incurred and future) Rs.5,30,000/------------------
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3.Therefore, the compensation payable to the claimant is reduced from Rs.8,29,680/- to Rs.5,30,000/-. The award dated 06.04.2015 made in MCOP.No.932 of 2014 on the file of the Motor Vehicles Accident Claims Tribunal, Special Sub Judge, Tirunelveli is modified.
4.The appellant insurance company is directed to deposit the entire compensation with interest at the rate of 7.5% per annum from the date of petition till the date of realization and costs, within a period of eight weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit, the claimant is entitled to withdraw the said amount, less the amount already withdrawn by him, if any, by filing proper application before the Tribunal.
Sd/-
Assistant Registrar (T&P)
/True Copy/
Sub Assistant Registrar
To
SKM
TE/JC/SAR-4 : 30/01/2018 : 2P/5C
C.M.A.(MD)No.1153 of 2015 and MP(MD)No.1 of 2015 09.11.2017
2 issues framed by the court
Whether the High Court should interfere with the quantum of compensation awarded by the Motor Vehicles Accident Claims Tribunal.
Whether the compensation awarded for disability and other heads of claim is excessive and requires redetermination.
1 provisions across 1 enactments
Royal Sundaram Alliance Insurance Company Ltd
Murugan
Seenivasan
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
