2017 Supreme(Mad) 378
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. MANIKUMAR & M. GOVINDARAJ, JJ.
M/s. New India Assurance Co. Ltd. - Appellant
Vs.
K. Karthik & Ors. - Respondents
Civil Miscellaneous Appeal Nos.1369 and 1370 of 2015, M.P.Nos.1 and 1 of 2015
Decided On : 21-03-2017
For the Appellant : Mr. J. Chandran.
For the Respondents: Mr. G. Jayachandran.
The court upheld the compensation awarded by the Tribunal, considering the seriousness of the injuries and the consequential effects. The court also reduced the compensation amount in one of the claims based on the healing period of the injury.
Headnote:
Motor Accident - Compensation - M.C.O.P.No.922 of 2007, M.C.O.P.No.1168 of 2007 - Summary of Acts and Sections: Motor Vehicles Act, 1988 - Section 166, Section 168, Section 171 - The court upheld the compensation awarded by the Motor Accident Claims Tribunal, considering the seriousness of the injuries and the consequential effects. The court also reduced the compensation amount in one of the claims based on the healing period of the injury.
Fact of the Case:
An accident occurred resulting in grievous injuries to the claimants. The Motor Accident Claims Tribunal awarded compensation, which was challenged by the Insurance Company.
Finding of the Court:
The court found the compensation awarded by the Tribunal to be just and reasonable, and upheld it. However, the court reduced the compensation amount in one of the claims based on the healing period of the injury.
Issues: Evaluation of compensation awarded by the Motor Accident Claims Tribunal, validity of the evidence supporting the loss of income for the claimants.
Ratio Decidendi: The court upheld the compensation awarded by the Tribunal, considering the seriousness of the injuries and the consequential effects. The court also reduced the compensation amount in one of the claims based on the healing period of the injury.
Final Decision: C.M.A.No.1369 of 2015 is dismissed and C.M.A.No.1370 of 2015 is partly allowed with a reduction in the compensation amount. The balance amount is directed to be deposited to the credit of the claimants within a specified period.
S. Manikumar, J.
Accident has occurred on 17/5/2006, when respondents 1 and 2 herein were travelling in a motor cycle, bearing Registration No.TN21Q-3355, from Egmore to M.M. Nagar along Anna Salai, from North to South direction, the third respondent's Ambassador Car, bearing Registration No.TN01Y-2830, insured with the appellant-Insurance Company, came from opposite direction, in a rash and negligent manner and hit the motorcycle, thereby, both the respondents/claimants thrown out and sustained grievous injuries.
2. On evaluation of pleadings and evidence, the Tribunal, by fixing negligence on the driver of the third respondent's Ambassador Car, bearing Registration No.TN01Y-2830, insured with the appellant-Insurance Company, quantified the compensation in both the claim petitions, with interest at the rate of 7.5% per annum, from the date of claim, till deposit, as follows:
M.C.O.P.No.922 of 2007
Loss of earning (Rs.18,300 x 12 x 18 x 25%)
Rs. 9,88,200/-
Loss of income for 9 months
Rs. 1,64,700/-
Transportation
Rs. 20,000/-
Extra Nourishment
Rs. 25,000/-
Medical expenses
Rs. 5,43,000/-
Attendant Charges
Rs. 25,000/-
Damages to clothes
Rs. 1,000/-
Mental agony
Rs. 50,000/-
Loss of amenities
Rs. 50,000/-
Pain and suffering
Rs. 60,000/-
Disability
Rs. 1,10,000/-
Total
Rs.20,36,900/-
M.C.O.P.No.1168 of 2007
Loss of earning (Rs.15,000 x 12 x 18 x 20%)
Rs. 6,48,000/-
Loss of income for 9 months
Rs. 1,35,000/-
Transportation
Rs. 15,000/-
Extra Nourishment
Rs. 15,000/-
Medical expenses
Rs. 1,25,000/-
Attendant Charges
Rs. 25,000/-
Damages to clothes
Rs. 1,000/-
Mental agony
Rs. 30,000/-
Loss of amenities
Rs. 50,000/-
Pain and suffering
Rs. 50,000/-
Disability
Rs. 1,00,000/-
Total
Rs. 11,94,000/-
3. Challenging the quantum awarded by the Motor Accident Claims Tribunal (Small Causes Court - II Judge), Chennai, in M.C.O.P.Nos.922 and 1168 of 2007, dated 15/10/2014, the New India Assurance Company, Chennai, is on appeal.
4. In M.C.O.P.No.922 of 2007, upon perusal of Exs.P4 to P8 - Discharge Summaries, issued by Apollo Hospital, Chennai, the Tribunal has found that the injured suffered pubic symptysis disruption, open type II fracture tibia - fibula M/3, L/3 right, open type II fracture shaft femur M/3 right and took treatment for the period from 18.05.2006 to 31.10.2007. During treatment, he underwent surgery on 01.06.2006, whereby debridement and external fixator for fracture of right tibia and ORIF with broad DCP for fracture of right tibia, have been done. Thereafter, on 15.06.2006, open reduction and internal fixation of pubic diastasis with LC-DCP Plate and Realignment of external fixator have been done. On 27.07.2006, ORIF right fibula and realignment of external fixator and bone grafting in tibia and femur from right anterior iliac crest have been done. On 02.02.2007, plate removal and stabilization with interlocking nail and bone grafting have been done. Thereafter, on 29.10.2007, right inguinal hernia mesh repair has been done. Considering the seriousness of the injuries and the consequential effects, this Court is of the opinion that compensation awarded is just and reasonable. There is no scope for interference with the award in M.C.O.P.No.922 of 2007, passed by the Claims Tribunal.
5. In M.C.O.P.No.1168 of 2007, upon perusal of Ex.P5 - Discharge Summary, issued by Apollo Hospital, Chennai, the Claims Tribunal has found that the injured suffered fracture of right ulna closed, fracture of right tibia grade III A Open with no distal neuro vascular deficit and took treatment for nearly six days, from 18.05.2006 to 23.05.2006. On 19.05.2006, the injured underwent surgery and whereby, ORIF for ulna with 7 hone DCP, Debridement and interlocking nailing for tibia