2016 Supreme(Mad) 4133

IN THE HIGH COURT OF MADRAS
R. SUDHAKAR, S. VAIDYANATHAN, JJ.
M/S. New India Assurance Co. Ltd. - Appellant
Versus
Karthick - Respondent
Civil Miscellaneous Appeal No. 3119 of 2014 in M.C.O.P.No.4691 of 2012
Decided On : 12-04-2016

Headnote:

Motor Accidents Claims - Rash and negligent driving - Oral and documentary evidence – Decreed - Challenged - Claimant/1st respondent herein was riding his motor cycle bearing Registration No. TN-03-C-3201 along with one as a pillion rider, on High Road, opposite to Door No. from west to east direction, a Lorry bearing Registration No. came from same direction in a rash and negligent manner and dashed against motor cycle, thereby, both claimant and the pillion rider sustained grievous injuries - Tribunal, taking note of oral and documentary evidence, held that accident occurred only due to rash and negligent driving of driver of Lorry bearing Registration No. and fixed the liability to compensate claimant, on Insurance Company - Taking into account avocation and income of injured claimant, Tribunal awarded a sumas compensation payable to claimant with interest at 7.5% per annum - Details of award passed by Tribunal under different heads, are tabulated - Considering nature of injuries sustained by claimant, Court enhance compensation towards "extra nourishment" - Accordingly, this Court modifies compensation – Held, Compensation of a sum of awarded by Tribunal is modified and claimant is entitled to a sum - Said amount shall be deposited by appellant/Insurance Company to credit less amount, if any deposited within a period of six (6) weeks from date of receipt of a copy of this order - Interest awarded by Tribunal at 7.5% per annum from date of filing claim petition till the date of deposit is confirmed - It is also made clear that amount awarded by this Court shall be paid to claimant in form of a crossed Account Payee Cheque, favouring only claimant and it should not be issued in favour of any other person/Company under proper identification and acknowledgment - Court record our anguish over action of hospital authorities who have issued cooked up Cash Receipts in support of claim - Their action has to be deprecated - They can neither take judiciary nor insurer for a ride - It is crystal clear that person who issued Receipt, Doctor or others might be hand-in-glove with person responsible to seek undue compensation - It is public money which is being siphoned off by culprits - Public shall be made aware of such hospitals - With above direction and observation, Civil Miscellaneous Appeal is partly allowed - Consequently, connected Miscellaneous Petitions are closed.