Appellant Insurance Company appealed against Motor Accident Claims Tribunal award. Court rejected contributory negligence plea for lack of evidence but reduced compensation for pain and suffering and adhered other heads due to injury nature.
Award reduced from Rs. 2,05,000 to Rs. 1,20,000; Appellant directed to deposit reduced 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.
C.M.A.No.568 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.04.2024
CORAM
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.568 of 2021 and
C.M.P.No.3542 of 2021
United India Insurance Company Ltd., 75, Saraswathi Nilayam, Rajaji Nagar, Rayakottai Road, Krishnagiri - 635 001.
... Appellant
Vs.
1.Chinnaponnu 2. N.Thabsum
... Respondents
PRAYER: Civil Miscellaneous Appeals filed under Section 173 of the Motor Vehicles Act, 1988 challenging the Judgment and Decree dated 11.10.2018 made in M.C.O.P. No.973 of 2011 on the file of the Motor Accident Claims Tribunal (Sub Court), Sankari.
For Appellant : Ms.I.Malar For Respondents : Mr.C.Thangaraju
JUDGMENT
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This appeal has been filed by the Insurance Company, challenging the award passed by the Tribunal on the following grounds:
a) No contributory negligence fixed on the first respondent / claimant
by the Tribunal though the first respondent / claimant was also responsible for the cause of the accident;
b) The quantum of compensation awarded by the Tribunal is excessive.
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will have to necessarily interfere with the quantum of compensation awarded by the Tribunal in favour of the first respondent / claimant. The Tribunal has
awarded a total compensation of Rs.2,05,000/- to the first respondent / claimant as detailed hereunder:
| Heads | Amount awarded by the Tribunal in Rs. |
|---|---|
| Disability | 1,00,000 |
| Pain and suffering | 50,000 |
| Future Medical Expenses | 30,000 |
| Nutrition | 15,000 |
| Transport | 5,000 |
| Attendant | 5,000 |
| Total | 2,05,000 |
observed that the first respondent / claimant on account of the accident has lost two teeth and was in the hospital only for a period of 3 days. No medical bills were also filed by the first respondent / claimant before the Tribunal and no evidence was also let in by the first respondent / claimant to prove that he will have to incur Rs.30,000/- towards future medical expenditure. The first respondent / claimant was sent to the Medical Board. But, the Medical Board has not issued any disability certificate considering the nature of injuries sustained by the first respondent / claimant.
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compensation of Rs.1,00,000/- to the first respondent / claimant. However, apart from awarding disability compensation, the Tribunal has awarded a sum of Rs.50,000/- towards pain and suffering, Rs.30,000/- towards future medical expenditure, Rs.15,000/- towards nutrition and Rs.5,000/- towards transportation and Rs.5,000/- towards attender charges.
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Tribunal is reduced from Rs.2,05,000/- to Rs.1,20,000/- as detailed
hereunder:
| Heads | Amount awarded by the Tribunal in Rs. |
Amount awarded by this Court in Rs. |
|---|---|---|
| Disability | 1,00,000 | 1,00,000 |
| Pain and suffering | 50,000 | 10,000 |
| Future Medical Expenses | 30,000 | - |
| Nutrition | 15,000 | 5,000 |
| Transport | 5,000 | 5,000 |
| Attendant | 5,000 | - |
| Total | 2,05,000 | 1,20,000 |
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9. In the result, this Civil Miscellaneous Appeal is disposed of b y reducing the award amount from Rs.2,05,000/- to Rs.1,20,000/- . The appellant / Insurance Company is directed to deposit the amount awarded by this Court ( Rs.1,20,000/-) , after deducting the amount already deposited if any, together with interest at the rate of 7.5% per annum from the date of the claim petition till the date of deposit and cost to the credit of M.C.O.P. No.973 of 2011 on the file of the Motor Accident Claims Tribunal (Sub Court), Sankari , within a period of four weeks from the date of receipt of a copy of this judgment.
10. The first respondent / claimant is permitted to withdraw the said amount, once it is deposited by the appellant /Insurance Company, by filing an appropriate application before the Tribunal. On such application being made, the Tribunal shall transfer the amount lying to the credit of M.C.O.P. No.973 of 2011 to the bank account of the appellant directly through RTGS, after deducting the amount already transferred to the claimant if any, within a period of one week thereafter. No costs. Consequently, the connected civil miscellaneous petition is closed.
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Index
Index : Yes/No Speaking Order : Yes / No Neutral Citation Case: Yes / No ab To 1. The Motor Accident Claims Tribunal (Sub Court), Sankari. 2. The Section officer, Record Section, High Court of Madras.
05.04.2024
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ABDUL QUDDHOSE. J.,
ab
C.M.A.No.568 of 2021 and C.M.P.No.3542 of 2021
05.04.2024
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2 issues framed by the court
Whether the claimant was contributorily negligent for the accident.
Whether the quantum of compensation awarded by the Tribunal in respect of pain, suffering and medical expenses is excessive.
1 provisions across 1 enactments
United India Insurance Company Ltd.
Chinnaponnu
N.Thabsum
Abdul Qudhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
