Dismissed

United India Insurance Co. Ltd. v. Mrs.R.Thangamani

Madras HC20 Sept 2019CMA/2219/2006

Case brief

AI extract

What is this about?

M/s United India Insurance Company Limited appealed the Motor Accident Claims Tribunal's award of Rs.8,49,000/- to R.Thangamani. The Court held the quantum was not exorbitant but reduced the applicable interest rate from 9% to 7.5% per annum.

What did the court decide?

The insurance company directed to deposit Rs.8,49,000/- with interest at 7.5% per annum from the date of claim petition.

United India Insurance Co. Ltd. Vs Mrs.R.Thangamani — Motor Accident Claims | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.09.2019

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CORAM:

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THE HONOURABLE MRS. JUSTICE R.HEMALATHA

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CMA.No.2219 of 2006 and M.P.No.1 of 2006

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M/s United India Insurance Company Limited
Branch Office-1, No.448A,
Dr.Nanjappa Road, Coimbatore 641 018. ..Appellant/
2nd Respondent
Vs.
1. R.Thangamani ..1st Respondent/
Petitioner
2. M.Sivakumar ..2nd Respondents/
1st respondent
(R2 is set expart before
MACT notice not necessary)
Prayer This Civil Miscellaneous Appeal has been filed
under Section 173 of the Motor Vehicles Act, 1988, against the
orders dated 19.08.2005 passed in M.C.O.P.No.1508 of 2002 by
the Subordinate Judge/ Motor Accident Claims Tribunal, Tirupur.
For Appellant : Ms.I.Malar
For Respondents : No appearance

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J U D G M E N T

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The United India Insurance Company Limited, Coimbatore, who is the 2nd respondent in MCOP No.2508/2002 on the file of the Subordinate Judge/Motor Accident Claims Tribunal, Tirupur, has filed the present appeal.

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The first respondent/claimant filed the above said claim petition under Section 166 of the Motor Vehicles Act seeking compensation of Rs.20,00,000/- for the injuries sustained by her in a road accident that took place on 17.04.2002.

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

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The case of the claimant is that on 17.04.2002, at about 1.30 p.m., when she was walking along SathiyamanglamCoimbatore Road, a speeding car bearing Registration No.TN-09A -8487 hit her, as a result of which, she sustained injuries all over her body. According to the claimant, the rash and negligent driving of the driver of the car was the cause of accident and that since the first respondent, owner of the car insured his vehicle with the appellant/ Insurance Company, both of them are jointly and severally liable to pay compensation to her.

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The owner of the car remained absent before the Tribunal and therefore, he was set exparte. The appellant, the United India Insurance Company Limited contested the claim petition on all the grounds available to the insured.

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The Subordinate Judge/ Motor Accident Claims Tribunal, Tirupur, after analysing the evidence on record, awarded a compensation of Rs.8,49,000/- to the claimant together with interest at the rate of 9% p.a. Aggrieved over the quantum of compensation awarded by the Tribunal, the United India Insurance Company Limited has filed the present appeal.

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Ms.I.Malar, learned counsel appearing for the appellant contended that the Tribunal had awarded an exorbitant amount of Rs.8,49,000/- as compensation to the claimant, especially when the claimant had sustained only 50% partial permanent disability and therefore, she prayed for scaling down the compensation awarded by the Tribunal.

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No appearance on behalf of the respondents.

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A perusal of the discharge summary (Ex.P6) shows that the claimant was admitted as an inpatient from 17.04.2002 to 11.05.2002 in K.G.Hospital And Post Graduate Medical Institute, No.5, Government Arts College Road, Coimbatore. Ex.P6 also shows that she has sustained the following injuries

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Left ear bleeding (+)

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Diffuse tenderness over the abdomen

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Haematoma over right lower limb

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CFCD introduced - Haematuria +

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C.T. Scan of brain was also taken and the study reveals that there was

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" Post operative bony changes in the right fronto tempora parietal region; Parenchymal atrophic changes in the right parietal cortex; Tip of VP shunt tube is seen in the anterior end of body of right lateral ventricle."

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

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and the following treatments were given to the claimant

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Treatment:

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"On 17.04.2002 under ETGA midline incision findings:-

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6 litres of blood in the (1200ml) peritoneal

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cavity with active ongoing bleed

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Splenic vascular pedicle avulsion injury

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Splenomegaly with splenic parenchymal injury

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near hilum Extensive contusion and haemotoma involving splenic flexure of colon, dressing colon, small bowel mesentery.

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Extensive retropperitoneal haematoma

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Emgerged. dilated blood vessel (splenic vessels - 1.5cm)

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Hugely dilated stomach

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Liver, small bowel found to be normal. Proceedure:

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Blood in the peritoneal cavity let out

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Splenectomy done

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Splenic vessels were identified mid individually and ligated

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Haemostasis secured

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3 Drains were kept each 1 in the right and left subdiaphragm region and 1 in the pelvis.

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wound closed in layers with appropriate sutures.

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On 19.04.2002 under GA, Right fronto parieto temporal craniectomy decompression SD clot evaluation done.

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Therefore, Dr.Senthilkumar (PW3) had assessed the partial permanent disability of the claimant as 59% considering the nature of injuries sustained by the claimant. The Award passed by the Tribunal cannot be said to be arbitrary and exorbitant. In fact, the Tribunal had assigned cogent reasons for awarding compensation of Rs.8,49,000. Therefore, I do not see any reason to interfere with the findings recorded by the Tribunal. However, the Tribunal had awarded interest at the rate of 9% per annum and the same is reduced to 7.5% per annum.

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In the result, the appellant, United India Insurance Company Limited is directed to deposit the compensation amount of Rs.8,49,000/- together with interest at the rate of 7.5% per annum, within four weeks from the date of claim petition till the date of realisation (less the amount already deposited by them) and on such deposit being made by the appellant, the claimant is entitled to withdraw the same, after following due process of law.

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

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With the above observation, the civil miscellaneous appeal is dismissed. No costs. The connected miscellaneous petition is closed.

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-s/d-
Assistant Registrar
True copy
Sub-Assistant Registrar
mst
To
1. The Subordinate Judge,
Motor Accident Claims Tribunal, Tirupur.
+1 cc to M/s.T.Ravichandran Advocate sr81679
CMA.No.2219 of 2009
rsi(co)
aa21/11/2019

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

United India Insurance Co. Ltd. v. Mrs.R.Thangamani

Case brief

What is this about?

What did the court decide?

United India Insurance Co. Ltd. v. Mrs.R.Thangamani

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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