IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 8/6/2017 C O R A M
The Honourable Mr.JUSTICE S. MANIKUMAR
and
The Honourable Mr.JUSTICE M. GOVINDARAJ C.M.A.NOS.1289 TO 1292 OF 2017
United India Insurance Co.Ltd No.28, Mailam Road, Meenakshi Complex,II Floor, Tindivanam T.K., Villupuram District. ... Appellant in all the appeals.
Vs
1. Krishnan ... First respondent in C.M.A.No.1289 of 2017 Elumalai ... First respondent in C.M.A.No.1290 of 2017 Arumugam ... First respondent in C.M.A.No.1291 of 2017 S.Murugammal ... First respondent in C.M.A.No.1292 of 2017
2. Ponnusamy ... Second respondent in all the appeals.
PRAYER: Appeals filed under section 173 of the Motor Vehicles Act 1988 against the Judgment and Decree dated 1/6/2015, made in M.C.O.P.Nos.3395, 3396, 3397 and 3566 of 2012, on the file of Motor Accident Claims Tribunal VI Court of Small Causes, Chennai.
For Appellants : Mr.S.Arunkumar For Respondents : Mr.F.Terrychellaraja for Mr.V.Velu for R1 C O M M O N J U D G M E N T (Judgment of the Court was made by S.Manikumar, J.) That on 7/5/2011, about 18.00 hours, when one Krishnan, along with his friends Elumalai and Arumugam, walking with a punctured bike, bearing Registration No.PY01Z-5736, from Villivakkam to Chunambumedu road, a passenger auto, bearing Registration No.TN32T- 8627, belonging to N.Ponnusamy/second respondent and insured with the United India Insurance Company Limited, Villupuram District, driven by its driver in a rash and negligent manner, dashed against them, causing injuries to Krishnan, Elumalai, Arumugam and a passenger in the auto Muruvammal.
2. Injured Krishnan, Elumalai, Arumugam and Muruvammal, filed separate claim petitions before the Motor Accidents Claims Tribunal (VI Court of Small Causes), Chennai, in M.C.O.P.Nos.3395, 3396, 3397 and 3566 of 2012, claiming compensation of Rs.20,00,000/-, 20,00,000/-, Rs.10,00,000/- and Rs.20,00,000/-, respectively,
3. As evidence adduced is common in all the claim petitions, they were tried together and a common award has been passed on 1/6/2015, holding that the auto driver was negligent in causing the accident and consequently the Tribunal, fastened the liability on the insurance Company.
4. At the time of accident, the injured are Mason, Carpenter, Painter and Tailor, respectively and said to have earned Rs.9,000/- p.m. Based on the oral and documentary evidence, the Tribunal determined the extent of disablement in each case as 50%. Applying the same, with the multiplicand and appropriate multiplier, the Tribunal awarded, Rs.14,00,000/-, Rs.13,00,000/-, Rs.14,00,000/- and Rs.14,00,000/-
respectively, under various heads, with interest at the rate of 7.5% per annum, from the date of petitions till the date of deposit.
5. Contending inter alia that the quantum of compensation is on the higher side, United India Insurance Company Limited have filed the instant appeals.
6. We have gone through the award. Today, when the matters were taken up for hearing, we requested the learned counsel for both parties to consider the award made in each case under various heads, on the principle of just compensation. Going through the same and after deliberation, learned counsel for the parties on consensus, agreed that compensation awarded by the Tribunal should be arrived at as hereunder:
(i) In C.M.A.No.1289 of 2017 (M.C.O.P.No.3395 of 2012) Medical expenses ... Rs. 44,000 Loss of income ... Rs. 90,000 (7500 x12) Transportation ... Rs. 25,000 Extra nourishments ... Rs. 10,000 Attender charges ... Rs. 25,000 Damage to clothes ... Rs. 1,000 Loss of future earning capacity ... Rs. 8,64,000 Pain and sufferings ... Rs. 25,000 Loss of amenities of life ... Rs. 25,000 Disability (70%) ... Rs. 1,40,000 Rs.12,49,000 Compensation awarded by the Tribunal Rs.14,00,000/- Amount agreed upon by parties Rs.12,49,000/-
Reduction Rs. 1,51,000/-
(ii) In C.M.A.No.1290 of 2017 (M.C.O.P.No.3396 of 2012) Medical expenses ... Rs. 45,000 Loss of income ... Rs. 45,000 (7500 x6) Transportation ... Rs. 25,000 Extra nourishments ... Rs. 25,000 Attender charges ... Rs. 25,000 Damage to clothes ... Rs. 1,000 Loss of future earning capacity ... Rs. 7,08,750 Pain and sufferings ... Rs. 50,000 Loss of amenities of life ... Rs. 50,000 Disability (70%) ... Rs. 1,40,000 Rs.10,74,750 Compensation awarded by the Tribunal Rs.13,00,000/- Amount arrived at by parties Rs.10,74,750/-
Reduction Rs. 2,25,250/-
(iii) In C.M.A.No.1291 of 2017 (M.C.O.P.No.3397 of 2012) Medical expenses ... Rs. 5,000 Loss of income ... Rs. 90,000 (7500 x6) Transportation ... Rs. 25,000 Extra nourishments ... Rs. 25,000 Attender charges ... Rs. 25,000 Damage to clothes ... Rs. 1,000 Loss of future earning capacity ... Rs. 4,00,000 Pain and sufferings ... Rs. 50,000 Disability (35%) ... Rs. 70,000 Rs. 6,91,000 Compensation awarded by the Tribunal Rs.14,00,000/- Agreed amount Rs. 6,91,000/-
Reduction Rs. 7,09,000/-
(iv) In C.M.A.No.1292 of 2017 (M.C.O.P.No.3566 of 2012) Medical expenses ... Rs. 77,300 Loss of income ... Rs. 45,000 (7500 x6) Transportation ... Rs. 15,000 Extra nourishment ... Rs. 35,000 Attender charges ... Rs. 35,000 Damage to clothes ... Rs. 1,000 Loss of future earning capacity ... Rs. 8,64,000 Pain and sufferings ... Rs. 60,000 Loss of amenities of life ... Rs. 90,000 Loss of expectation of life ... Rs. 25,000 Disability (70%) ... Rs. 1,40,000 Rs.13,87,300 Compensation awarded by the Tribunal Rs.14,00,000/- Consented amount Rs.13,87,300/-
Reduction Rs. 12,700/-
7. In view of consensus arrived, at between the parties,
(i) Claimant in M.C.O.P.No.3395 of 2012 (C.M.A.No.1289 of 2017) is entitled to Rs.12,49,000/- as against Rs.14,00,000/- ;
(ii) Claimant in M.C.O.P.No.3396 of 2012 (C.M.A.No.1290 of 2017) is entitled to Rs.10,74,750/-, as against Rs.13,00,000/- ;
(iii) Claimant in M.C.O.P.No.3397 of 2012 (C.M.A.No.1291 of 2017) is entitled to Rs.6,91,000/- as against Rs.14,00,000/- ; and
(iv) Claimant in M.C.O.P.No.3566 of 2012 (C.M.A.No.1292 of 2017) is entitled to Rs.13,87,300/- as against Rs.14,00,000/-, awarded by the Tribunal, with interest, at the rate of 7.5% per annum, from the date claim till deposit.
8. It is represented by the learned counsel for the United India Insurance Company Limited that amount awarded by the Tribunal, with proportionate interest and costs has already been deposited, to the credit of concerned M.C.O.Ps.
9. In view of the above, the respondents / claimants are permitted to withdraw the modified amount of Rs.12,49,000/-, Rs.10,74,750/-, Rs.6,91,000/- and Rs.13,87,300/- respectively, with interest at the rate of 7.5% p.a. The Tribunal is directed to refund the excess amount, lying in the credit of M.C.O.P.Nos.3395, 3396, 3397 and 3566 of 2012 to the appellant/United India Insurance Company Limited.
10. The Civil Miscellaneous Appeals are allowed, as indicated above. No costs. Consequently, the connected Miscellaneous Petitions are closed.
(S.M.K., J.) (M.G.R., J.)
8th June 2017 Index : Yes/No Website : Yes/No mvs/tk To The Motor Accident Claims Tribunal (VI Court of Small Causes) Chennai.
S.MANIKUMAR, J.
A N D M.GOVINDARAJ, J.
mvs/tk C.M.A. NOS.1289 TO 1292 OF 2017 08.06.2017 C.M.A.NOS.1289 TO 1292 OF 2017 S.MANIKUMAR, J. AND M.GOVINDARAJ, J.
This matter is listed today under the caption "for clarification".
On the aspect of disability and compensation awarded in MCOP No.3566 of 2012 (C.M.A.No.1292 of 2017) submissions were made and no further clarifications are required.
(S.M.K., J.) (M.G.R., J.) 15.06.2017
TK S.MANIKUMAR, J.
AND M.GOVINDARAJ, J.
TK C.M.A.NOS.1289 TO 1292 OF 2017 15.06.2017 http://www.judis.nic.in