Judgment:
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :
06. 06.2014 CORAM THE HONOURABLE MR.JUSTICE S.MANIKUMAR C.M.A.No.1634 of 2014 M/s.Oriental Insurance Co. Ltd., Salem. ... Appellant ..vs.. 1.A.V.Murugesan 2.A.Palanisamy 3.L.Sivakumar ... Respondents This Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act, 1988, against the order and decreetal order dated 16.09.2003 in MCOP.No.73 of 2002 on the file of the Motor Accident Claims Tribunal (Sub Court), Bhavani. For Appellant : Mr.P.R.Balasubramanian JUDGMENT
In the accident, which occurred on 21.09.2001, the first respondent aged about 50 years, sustained injuries. A case in Crime No.416 of 2001 under Sections 279 and 338 IPC has been registered on the file of Chithode Police Station, against the rider of Motorcycle bearing registration No.TN-36-D-6707, who caused the accident. The first respondent sustained a head injury. He became unconscious, blood was oozing through his nose and mouth. He was rushed to Government Hospital, Bhavani and thereafter, on the same day referred to Lotus-Apollo Hospital, Erode. CT Scan revealed right temporal contusion. Subsequently, it revealed coalescence and enlargement of right temporal contusion, with mass effect. Therefore, right temporal craniotomy and evacuation of the contusion have been done. Tracheostomy was done on 15.10.2001. He was advised to attend the hospital for review. At the time of accident, he was aged 50 years and as an Assistant in the Office of the Assistant Executive Engineer, PWD, Building Construction (Sub Division), Coonore, claimed to have earned Rs.13,800/-. He has also incurred medical expenses. Claiming compensation of Rs.7,50,000/-, he preferred MCOP.No.73 of 2002 on the file of the Motor Accident Claims Tribunal (Sub Court, Bhavani).
2. The Insurance Company has opposed the claim, contending inter alia that the driver of the motorcycle bearing registration No.TN-36-D-6707 was not negligent in causing the accident. They denied the contention that the first respondent sustained grievous injuries, underwent treatment. They disputed their liability to pay compensation. Without prejudice to the above, the Company disputed the quantum of compensation under various heads.
3. Before the Claims Tribunal, the first respondent/claimant examined himself as PW.1 and adduced evidence. PW.2 is the Doctor, who issued the disability certificate. Ex.P1-Copy of the First Information Report, Ex.P2-Copy of the Observation Mahazar, Ex.P3-Copy of the Rough Sketch, Ex.P4-Copy of the Motor Vehicles Inspector Report, Ex.P5-Copy of the Wound Certificate, Ex.P6-Copy of the charge sheet, Ex.P7-Medical Bills, Ex.P8 Medical Bills (Series), Ex.P9-CT Scan Bills (Series), Ex.P10 and Ex.P11-Receipts for purchasing blood (Series), Ex.P12-Salary Certificate, Ex.P13-Permanent Disability Certificate, Ex.P14-X ray and Ex.P15-Receipt for X ray have been marked. No oral or documentary evidence has been adduced by the Insurance Company.
4. On evaluation of pleadings and evidence, the Claims Tribunal held that the driver of the motorcycle bearing registration No.TN-36-D-6707 was negligent, in causing the accident and consequently, fastened the liability on appellant Insurance Company to pay compensation. On the quantum of compensation, the Claims Tribunal upon perusal of medical evidence, found that on 21.09.2001, the first respondent has sustained very serious injury, blood was oozing from ear and nose and that he was unconscious. The Claims Tribunal has also noticed that CT scan was taken and that there was contusion in the brain, craniotomy and evacuation of the contusion were done. As the first respondent/claimant had breathing problem, tracheostomy has also been done. Upon perusal of the medical records, the Claims Tribunal has ascertained all the details furnished in the claim petition. PW.2-Doctor, who examined the first respondent, has deposed that there were scars, reflecting the gravity of injuries. According to him, there was reduction in the strength of the muscles at the left elbow, fingers and shoulder. There was also loss of strength, on the left side of the body, more particularly, in the left leg. As per the observation of the Doctor, the first respondent would find difficult in walking and standing for long hours, due to the injury in the right side temporal bone and parietal bone. He has further observed that there was a slight palsy, in the left thigh. He has assessed the extent of disablement as 50% and accordingly, issued Ex.P14 disability certificate. Considering the oral and documentary evidence, the Claims Tribunal has awarded Rs.2,63,318/- with 9% interest per annum from the date of claim as hereunder:- Permanent disability - Rs.1,00,000/- Pain and suffering - Rs. 40,000/- Nutrition - Rs. 25,000/- Transportation - Rs. 1,000/- Medical Expenses as per Ex.P7 Medical Bills - Rs. 72,350/- Medical Expenses as per Ex.P7 Medical Bills - Rs. 19,628/- Expenses as per Ex.P9-CT Scan Bill - Rs. 3,000/- Expenses as per Ex.P10-Blood purchasing Bill - Rs. 1,240/- Expenses as per Ex.P11- Blood purchasing Bill - Rs. 900/- Expenses as per Ex.P15-X ray - Rs. 200/- Total Rs.2,63,318/- ___________ 5. Though in the present Appeal, the Insurance Company has contended that the extent of disablement assessed by PW.2 Doctor is on the higher side and consequently, the compensation is excessive, considering the nature of injuries, more particularly in the head, which resulted in craniotomy and tracheostomy and the huge medical expenditure incurred by the injured, this Court is not inclined to interfere with the quantum of compensation awarded under various heads. The judgment dated 16.09.2003 in MCOP.No.73 of 2002 on the file of the Motor Accident Claims Tribunal (Sub Court), Bhavani, is sustained.
6. In the result, the Civil Miscellaneous Appeal is dismissed. No costs.
7. In view of the dismissal of the Civil Miscellaneous Appeal, this Court directs the appellant/Insurance Company to deposit the compensation awarded by the Tribunal, if not already deposited, with costs and with accrued interest at the rate of 9% per annum from the date of claim till the date of realisation, less the statutory deposit, to the credit of MCOP.No.73 of 2002 on the file of the Motor Accident Claims Tribunal (Sub Court), Bhavani, within a period of four weeks from today. On such deposit being made, the first respondent/claimant is permitted to withdraw the amount, with proportionate interest and costs, by making necessary application. 06.06.2014 Index : Yes/No Internet : Yes/No mra To: The Presiding Officer Motor Accident Claims Tribunal Sub Court Bhavani. S.MANIKUMAR,J.
mra C.M.A.No.1634 of 2014 06.06.2014