Appeal against Motor Vehicles Accident Claims Tribunal award on quantum. High Court held liability admitted; reduced compensation components and interest rate partially allowing appeal.
Compensation reduced to Rs.1,90,330/- at 7.5% interest. Claimant directed to withdraw from Appellant deposit upon payment.
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(MD)No.593 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 11.06.2024
CORAM
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
C.M.A(MD)No.593 of 2022
M/s. Royal Sundaram General Insurance Co. Ltd., Through its Branch Manager, Office at, TVS Co-operative Store Building, No.37, Krishna Rao Tank Street, Madurai. ... Appellant / Respondent No.2 Vs. 1.Ramamoorthy ... 1st Respondent / Claimant 2.L.Sankar ... 2nd Respondent / 1st Respondent
PRAYER :-
This Civil Miscellaneous Appeal is filed under Section 173 Motor vehicles Act to set aside the fair and decreetal order dated 10.12.2018 made in M.C.O.P.No.04 of 2016 on the file of the Motor Vehicles Accident Claims Tribunal Subordinate Judge, Aruppukottai and allow this appeal.
For Appellant : Mr.M.Jerin Mathew For R1 : Mr.M.Jothi Basu
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JUDGMENT
This Civil Miscellaneous Appeal is filed to set aside the fair and decreetal order dated 10.12.2018 made in M.C.O.P.No.04 of 2016 on the file of the Motor Vehicles Accident Claims Tribunal Subordinate Judge, Aruppukottai.
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stating that the petitioner suddenly crossed the road without minding the traffic and invited the accident. So, the driver of the four wheeler was no way
responsible for the occurrence and other customary denials were made.
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Virudhunagar, it was assessed 32%. Since it was submitted by the Medical Board report, it was taken as 32% and Rs.3,000/- was awarded per percentage since considering the fact that there was no functional disability. Therefore, the same is arrived at Rs.96,000/-(3000 x 32). Therefore, that portion of the order also not challenged and the same is confirmed. The problem lies in the excessive compensation awarded under the heads of future medical expenses, pain and sufferings, loss of amenities and loss of future prospects.
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and sufferings, is reasonable, by onsidering the days of treatment and nature of injury. For loss of amenities, Rs.10,000/- is fixed. Since compensation is awarded on the basis of the percentage of disability, a separate category of loss of amenity does not arise. Compensation awarded for loss of amenities is removed. For pain and sufferings, Rs.1 Lakhs was ordered and the same is reduced to 25,000/-. Loss of future prospects is also removed. The award is recalculated as under:
| Sl. No. |
Description | Award of the Tribunal Aw |
ard of this Court |
|---|---|---|---|
| 1. | For Loss of Earning | Rs. 10,000/- Rs. |
10,000/- |
| 2. | For Transport Expenses | Rs. 28,000/- Rs. |
28,000/- |
| 3. | For Extra Nourishment | Rs. 3,000/- Rs. |
3,000/- |
| 4. | For Damage to Cloth and Article |
Rs. 1,000/- Rs. |
1,000/- |
| 5. | For Medical Expenses | Rs. 27,330/- Rs. |
27,330/- |
| 6. | For Future Medical Expenses |
Rs. 50,000/- |
--- |
| 7. | For other expenses | Rs. 1,000/- | --- |
| 8. | For Partial Permanent Disability |
Rs. 96,000/- Rs. |
96,000/- |
| 9. | For Pain and Sufferings | Rs. 1,00,000/- Rs. |
25,000/- |
| 10. | For Loss of Amenities | Rs. 10,000/- | --- |
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Therefore, the award of the Tribunal is reduced to Rs.1,90,330/-. Regarding the rate of interest, the Tribunal has awarded 9.5% per annum. Usually 7.5% is awarded in such matters. So the rate of interest is also modified to 7.5%
per annum.
(i) The quantum of compensation awarded by the Tribunal is reduced from Rs.7,56,410/- to Rs. 1,90,330/- (Rupees One Lakh Ninety Thousand Three hundred and Thirty only ) which shall carry interest at the rate of 7.5% per annum.
(ii) The second respondent /Insurance company, is directed to deposit the entire compensation of Rs. 1,90,330/- (if not already deposited) together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit and proportionate costs to the credit of M.C.O.P.No.04 of 2016 on the file of the Motor Vehicles Accident Claims Tribunal Subordinate
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Judge, Aruppukottai, within a period of eight weeks from the date of receipt of a copy of this order.
(iii) On such deposit being made by the appellant /insurance company, the claimant is permitted to withdraw the amount as per the order of the Tribunal.
(iv) The appellant is entitled for the excess amount if any paid already.
11.06.2024
NCC: Yes / No Index: Yes / No Internet : Yes / No
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G.ILANGOVAN, J.
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C.M.A(MD)No.593 of 2022
11.06.2024
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2 issues framed by the court
Whether the quantum of compensation and rate of interest awarded by the Motor Vehicles Accident Claims Tribunal in case of motor accident are sustainable.
Whether the award for future prospects and loss of amenities ought to be considered where there is no loss of earning capacity.
1 provisions across 1 enactments
M/s. Royal Sundaram General Insurance Co. Ltd.
Ramamoorthy
L. Sankar
G. ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
