IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SUDHAKAR & S. VAIDYANATHAN, JJ.
The Divisional Manager, The Oriental Insurance Company Ltd., Kannur - Appellant
Vs.
Rajesh & Ors. - Respondents
CIVIL MISCELLANEOUS APPEAL No.428 of 2016
Decided On : 11-03-2016
Motor Vehicles Act, 1988 - Section 4(1) – Accident - Claim petition seeking - Quantum of compensation - In an accident which occurred on when claimant Rajesh was riding his motorcycle bearing Registration slowly and cautiously on extreme left side of road near stop at a jeep bearing Registration which was driven by its driver in a rash and negligent manner dashed against claimant from opposite side due to which he sustained grievous injuries - He was immediately taken to Medical College Hospital for treatment - He was later referred to Hospital for further treatment - Due to accident claimant became permanently disabled and totally bed-ridden - Traffic Police registered a case in Crime against jeep driver - Held, With rise in population and rise in litigation new challenges are thrown to Courts and all stakeholders - Computerization and modernization of Courts play a big role in reducing burden of paper and physical handling of men and matter - One such instance that could be quoted was a suggestion made by me as a Single Judge of this Court where passed a judicial order dispensing with filing of judicial stamps papers in high value suits and proceedings by way of payment of Court fees via e-stamping United India Insurance Co. Ltd. Capital Life Insurance Co. Ltd. and Another said suggestion was primarily intended to ensure that large bundles of stamp papers are not stacked along with suits and other proceedings as it has no relevance after it is defaced - Reams and reams of valuable paper can be saved and to that extent it would save the trees – Order Accordingly
S. VAIDYANATHAN, J.
Heard the learned counsel for the appellant/Insurance Company and the learned counsel appearing for the 1st respondent/claimant.
2. Challenging the quantum of compensation awarded by the Motor Accidents Claims Tribunal, (Subordinate Judge), Mahe vide judgment dated 08.04.2015 in M.C.O.P.No.10 of 2013, the Insurance Company has come up with the present appeal.
3. In an accident which occurred on 27.09.2011, about 10.00 p.m., when the claimant, Rajesh was riding his motorcycle bearing Registration No.KA 36 M 947 slowly and cautiously on the extreme left side of the road near Mundayad Vaidyar Peedika stop at Elayavur, a jeep bearing Registration No.KA 36 M 947 which was driven by its driver in a rash and negligent manner, dashed against the claimant from the opposite side, due to which he sustained grievous injuries. He was immediately taken to Pariyaram Medical College Hospital, Pariyaram, Kannur for treatment. He was later referred to Tejasvini Hospital, Mangalore for further treatment. Due to the accident, the claimant became permanently disabled and totally bed-ridden. The Kannur Traffic Police registered a case in Crime No.788/2011 against the jeep driver. Stating that he has to continue the rest of his life in bed with the help of an attendant, and alleging that the driver of the jeep and the appellant/Insurance Company, being the insurer of the jeep are jointly liable to pay compensation, the claimant filed a claim petition seeking a sum of Rs.45,00,000/- as compensation.
4. The appellant/Insurance Company resisted the claim petition before the Tribunal mainly questioning the rash and negligent driving of the claimant.
5. Before the Tribunal, in support of the claim, one K.K. Rameshan, brother of the claimant was examined as P.W.1; one Dr. Udayakumar was examined as P.W.2; one Mr. Muraleedharan was examined as P.W.3 and Mr. Hariharadas, employer of the claimant was examined as P.W.4. Exs.P1 to P13 and Exs.X1 to X4 were marked, the details of which are as follows:
Ex.P-1
Copy of F.I.R., dated 13.10.2013
Ex.P-2
Treatment Certificate, dated 13.10.2013
Ex.P-3
Discharge Summary, (Series) (6 Nos.)
Ex.P-4
Medical Prescriptions (Series) (43 Nos.)
Ex.P-5
Medical Bills for Rs.3,47,830/-(Series) (337 Nos.)
Ex.P-6
Physiotherapy Bills for Rs.75,040/-(Series) (15 Nos.)
Ex.P-7
Ambulance charge receipts for Rs.96,250/-(Series) (24 Nos.)
Ex.P-8
Home Nurse Charge Receipts for Rs.3,27,500/-(Series) (36 Nos.)
Ex.P-9
Disability Certificate issued by Superintendent, District Disability Assessment Board, General Hospital, Thalassery, dated 03.04.2013
Ex.P-10
Disability Certificate issued by Dr. Latha Gagar, dated 13.12.2013
Ex.P-11
Attested photocopies of petitioner's educational qualification certificates (Series) (4 Nos.)
Ex.P-12
Salary Certificate, dated 01.09.2011
Ex.P-13
Power of attorney executed by the petitioner in favour of his brother Rameshan, K.K., dated 21.08.2013
Ex.X-1
Registration Certificate issued by Central Excise and Customs Department, dated 05.11.2008
Ex.X-2
Salary Details of P.W.4's employees which is submitted to Income Tax Department, dated 20.03.2012
Ex.X-3
Photographs of Rajesh (5 Nos.), CD and Bill
Ex.X-4
Permanent Disability Certificate issued by Medical College Hospital, Calicut, dated 26.02.2015
On the side of the appellant/Insurance Company, no witness was examined and no document was marked.
6. Taking note of the oral evidence of P.W.1, the elder brother of the injured claimant and Ex.P1 – F.I.R. as also the corroborative evidence of P.W.3-eye-witness to the accident, the Tribunal, came to the conclusion that the accident took place
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