The Madurai Bench of the Madras High Court partially allowed the Insurance Company's appeal. It confirmed the award for medical bills but reduced the compensation for loss of income, changing the calculation from an initial award of Rs. 14,44,612 to Rs. 13,69,612.
Compensation reduced to Rs. 13,69,612 awarded with 7.5% interest to be deposited within 8 weeks.
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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.02.2024
CORAM
THE HON'BLE MRS.JUSTICE S.SRIMATHY
C.M.A(MD)No. 578 of 2023 and
C.M.P(MD)Nos. 7522 & 12557 of 2023
The Manager,
TATA AIG General Insurance Company Limited, No.1, Ethiraj Salai, Elumbur, Chennai – 600 008.
... Appellant
Vs.
... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, to set aside the Judgment and Decree passed in M.C.O.P.No.1698 of 2019 dated 30.11.2021 on the file of the Motor Accident Claims Tribunal, Special Subordinate Court, Thanjavur.
For Appellant : Mr.J.S.Murali For R-1 : Mr.G.Karnan R-2 : Notice dispensed with
JUDGEMENT
The Insurance Company has preferred this Civil Miscellaneous
Appeal, to set aside the Judgment and Decree passed in M.C.O.P.No.1698 of
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2019 dated 30.11.2021 on the file of the Motor Accident Claims Tribunal, Special Subordinate Court, Thanjavur.
is that the Tribunal has accepted the medical bills as it is and granted compensation of Rs.9,31,612/-. The injury is fracture in the leg and for the same the said amount is on higher side. It is seen from the medical bills, the injured has incurred fracture in his leg and also injury on the head. The treatment was given to head injury as well. The deceased has taken treatment for 17 days, as inpatient. On perusal of the medical bills produced by the claimant, the bills are attested by the Hospital as true copy. Therefore, this Court is not accepting the plea of the Insurance company. The medical bills are to the tune of Rs.9,31,612 is hereby confirmed.
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method is hereby modified and other compensation under the heads are confirmed:
Annual income of the petitioner (Rs.8000 x 12) = Rs. 96,000/Future Prospects (25%) = Rs. 24,000/The Total annual income of the petitioner =Rs.1,20,000/Loss of annual income due to disability (25%) = Rs. 75,000/- [25 x 5,000] ------------------=Rs.3,15,000/-------------------
follows:
| S. | Description | Amount awa | rded by | Award confirmed |
|---|---|---|---|---|
| No | / enhanced / | |||
| . | Tribunal | this Court | granted | |
| 1. | For Loss of income due to the disability |
Rs.3,90,000/- | Rs.3,15,000/- | reduced |
| 2. | Pain and sufferings |
Rs. 50,000/- |
Rs. 50,000/- | confirmed |
| 3. | For Love of amenities |
Rs. 50,000/- |
Rs. 50,000/- | confirmed |
| 4. | For loss of income during treatment |
Rs. 8,000 /- | Rs. 8,000/- | confirmed |
| 5. | Attendant charges |
Rs. 5,000/- |
Rs. 5,000/- | confirmed |
| 6. | Conveyance charges |
Rs. 5,000/- | Rs. 5,000/- | confirmed |
| 7. | Special diet |
Rs. 5,000/- | Rs. 5,000/- | confirmed |
| 8. | Reimbursement of medical bills | Rs.9,31,612/- | Rs.9,31,612/- | confirmed |
| Total | Rs.14,44,612/- | Rs.13,69,612/- |
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This Court is granting a sum of Rs.13,69,612/- as compensation with interest along with Costs.
08.02.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No KSA
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To
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S.SRIMATHY, J.
KSA
Order made in C.M.A(MD)No.578 of 2023
08.02.2024
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2 issues framed by the court
Whether the Tribunal's quantum of compensation for medical expenses should be maintained.
Whether the multiplier method for loss of income was correctly applied given the disability percentage.
1 provisions across 1 enactments
Tata AIG General Insurance Company Limited
Saminathan
Arul
S. Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
