This Civil Miscellaneous Appeal has been filed by the appellant/United India Insurance Company against the award and decree made in M.C.O.P.No.34 of 2005, dated 17.10.2006, on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate Court), Thanjavur @ Kumbakonam.
2.The facts of the case is that on 08.05.2004, when the petitioner crossed on the western side of the road, the petitioner was hit by the two wheeler bearing Registration No.TN-46-C-2298 due to rash and negligent driving of the the first respondent. Due to that impact, the petitioner sustained grievous injuries on his body and his right side of the leg bone was broken. Immediately, the petitioner was admitted in the Kumbakonam Government Hospital and treated as inpatient in the hospital. Thereafter, the petitioner was taken treatment in the private hospital. Due to the accident, a case was registered under
Sections 279 and
337 I.P.C., against the first respondent's driver in Crime No.286 of 2004 by the Meensuratti Police Station.
3.The second respondent-United India Insurance Company filed a counter-affidavit stating that the 1st respondent's vehicle was insured on the date of alleged accident only and the driver of the 1st respondent was not having any valid and effective driving licence to drive such vehicle on the date of accident and so this respondent is not liable. From the evidence of R.W.2, it is seen that the vehicle which is insured with the appellant/second respondent is only TN-46-C-2298 and that bike was not involved in the accident and from his negligent, the bike which caused the accident is only TN-46-B-2298 and the Insurance Company is not liable to pay any amount since it is not insured with them. All the averments are to be proved in evidence both oral as well as documentary evidence by the petitioner and the first respondent. He further stated that it was not correct that the accident was occurred only because of the rash and negligent driving of the first respondent. The petitioner suddenly crossed the road negligently and so he was dashed by the two wheeler and the petitioner fell down on the road side. He further submitted that the petitioner has not sustained any disability much less a permanent disability. The injuries were only simple in nature. He further submitted that the amounts mentioned under various heads are highly excessive and arbitrary and speculative.
4.Before the Tribunal, the claimant himself was examined as P.W.1; Dr.Srinivasan was examined as P.W.2; Veeramuthu was examined as P.W.3 and Ramakrishnan was examined as P.W.4 and ten documents were marked viz., Ex.P.1 to Ex.P.10. On the side of the respondents, Dr.Parthasarathy was examined as R.W.1; Ramanathan was examined as R.W.2 and Deivanayagam was examined as R.W.3 and enquiry report was marked as Ex.R1.
5.The Tribunal, after considering the pleadings, both oral and documentary evidence and the arguments of the counsel appearing on either side and also appreciating the evidence on record, directed the appellant/Insurance company to pay a sum of Rs.1,25,000/- as compensation to the claimant under the following heads:-
6.Against the award, the appellant/United India Insurance Company Limited, has filed the present Civil Miscellaneous Appeal.
7. Heard the learned counsel appearing for the appellant/Insurance Company and perused the materials available on record.
8.The learned counsel for the appellant/United India Insurance Company Limited, challenging the order passed by the Motor Accident Claims Tribunal (Chief Judicial Magistrate Court), Thanjavur @ Kumbakonam in M.C.O.P.No.34 of 2005. None appears for the respondent no.2, set ex-parte and he was given up. The appellant/Insurance Company raised various grounds stating that the Tribunal erred in holding that the appellant is liable to pay the compensation without appreciating the evidence on record since the vehicle which caused injury to the claimant was not insured with the appellant.
9.The learned counsel for the appellant /Insurance Company submitted that the Tribunal failed to consider the evidence of R.W.1-Dr.Parthasarathy, who categorically stated that the vehicle which caused accident was a Two Wheeler bearing Reg.No.TN-46-C-2298. He further submitted that the Doctor, who had been examined as P.W.2-Srinivasan, on the side of the claimant had exaggerated the disability of the claimant and he failed to give evidence that whether the disability is total or partial.
10.The learned counsel further contended that there was an inordinate delay in filing F.I.R and the vehicle number in F.I.R is totally different from the vehicle number given to the Doctor while taking treatment. He further contended that the disability certificate-Ex.P7 given by the doctor was imaginary, not based on the documents and excessive. The Tribunal has wrongly awarded the compensation under the head of loss of income, disability and awarded twice for grievous injury.
11.A perusal of the award passed by the Tribunal, it is seen that the Tribunal has awarded Rs.72,000/- for loss of future prospects, which in the considered opinion of this Court, is very huge and excessive, the same is reduced to Rs.24,000/- towards loss of monthly income. Further, the Tribunal has awarded a sum of Rs.1,000/- each towards transport expenses and attendant, which are not reasonable, hence, the same are enhanced to a sum of Rs.5,000/- and Rs.2,000/- respectively. A sum of Rs.25,000/- towards pain and sufferings, which in the considered opinion of this Court, is reasonable and the same is confirmed. Further, it is seen that the Tribunal has awarded a sum of Rs.20,000/- towards loss of 20% disability, which this Court finds as meagre and hence the same is enhanced to a sum of Rs.50,000/- towards 20% disability.
12.Considering the contentions raised by the learned counsel for the appellant/Insurance Company, this Court is inclined to modify the amounts under the various heads as follows:
for loss of income :Rs.24,000/- for transport expenses : Rs. 5,000/- for attendant : Rs. 2,000/- for pain and sufferings : Rs.25,000/- for loss of disability(20%) : Rs.50,000/- ------------------ Total Rs.1,06,000/- ------------------
13.In the result, this Civil Miscellaneous Petition is partly allowed and the award of the Tribunal is reduced from Rs.1,25,000/- to Rs.1,06,000/- with interest at 7.5% per annum from the date of claim petition till the date of realization. The appellant/Insurance Company is directed to deposit the modified award amount with accrued interest and costs, within a period of four weeks from the date of receipt of a copy of this order, if not already deposited and on such deposit being made, the first respondent/claimant is permitted to withdraw the entire award amount with accrued interests and costs, by filing necessary application before the Tribunal. The appellant/United India Insurance Company is directed to withdraw the excess amount, if any. No costs.
To
1.The Motor Accident Claims Tribunal cum Chief Judicial Magistrate, Thanjavur @ Kumbakonam.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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