G.Jaganathan Vs. P.Subramanian - Court Judgment

SooperKanoon Citationsooperkanoon.com/1169144
CourtChennai High Court
Decided OnAug-05-2013
JudgeC.S.KARNAN
AppellantG.Jaganathan
RespondentP.Subramanian
Excerpt:
in the high court of judicature at madras dated:05. 08 /2013 coram the honourable mr.justice c.s.karnan c.m.a.no.1463 of 2004 g.jaganathan ... appellant vs. 1.p.subramanian 2.a.kannappan 3.the oriental insurance company limited, udumalpet, coimbatore district. ... respondents prayer: civil miscellaneous appeal is filed under section 173 of the motor vehicles act, to set-aside the judgment and decree passed in m.c.o.p.no.144 of 2000 by the file of motor accidents claims tribunal & sub court, udumalpet, dated 11.08.2003. for appellant : mr.k.kalyanasundaram for respondents : r-1 (dismissed) r-2 (served) mr.s.manohar for r-3 - - - judgment the appellant / claimant has filed the claim petition in m.c.o.p.no.144 of 2000, on the file of motor accidents claims tribunal, sub court, udumalpet, against the respondents herein for compensation since he had sustained grievous injuries in the motor vehicle accident.2. after contest, the tribunal had awarded compensation of a sum of rs.2,14,930/- with interest at the rate of 9% per annum and directed the second respondent herein / owner of the vehicle to pay the said amount.3. not being satisfied with the findings of the tribunal, the claimant has filed the above appeal, seeking a direction to the insurance company to pay the initial compensation of a sum of rs.2,14,930/- with interest and also seeking additional compensation of a sum of rs.4,00,000/-.4. the highly competent counsel for the appellant argued that the claimant was travelling in a van bearing registration no.tn-41-c-5396 on the udumalai main road, as an occupant. the driver of the van had driven the vehicle in a rash and negligent manner and at a high speed and as a result, the vehicle had fallen down from the road side gradient. as a result, the claimant had sustained grievous injuries. the f.i.r has been registered against the driver of the offending vehicle. the driver was possessing a valid driving licence and the motor vehicle inspector's report reveals that the said vehicle is in a fit condition to operate on the public road. the claimant had sustained grievous injuries and he has been hospitalized as an inpatient for a long period. during the medical treatment period, surgical operation was conducted since his urinal system had been affected and after operation a catheter has been inserted to facilitate passing of urine. the learned counsel further submits that one more operation had been conducted in order to set right the urinal system but, it had proved unsuccessful. he had spent a sum of rs.1,39,934/- towards medical expenses. the doctor had also spoken about the nature of injuries, mode of treatment and disability stating that the claimant had sustained 40% disability. therefore, the claimant is entitled to receive initial compensation as well as additional compensation from the insurance company.5. the very competent counsel for the insurance company argued that the said van was registered as a goods vehicle and not as passenger transport vehicle. further, five persons had travelled in the said van. therefore, there is a violation of policy conditions and as such, the insurance company is not liable to pay compensation to the claimant. the accident had been committed by the driver of the van and as such, the owner of the vehicle is liable to pay the said compensation and hence the tribunal ordered the same. the learned counsel further contended that the claimant had undergone treatment at government hospital at udumalpet and therefore, the question of medical expenses does not arise in this case.6. on verifying the facts and circumferences of the case and arguments advanced by the learned counsels on either side and on perusing the impugned award of the tribunal, this court is of the view that the offending vehicle had been insured by the insurance company. it is also seen that the claimant had been travelling in the van along with goods and at that time, the accident had occurred. therefore, the insurance company has to pay the below mentioned compensation amount with interest and recover the same from the owner of the vehicle in the same proceedings. it is seen from the evidence of the claimant and doctor that the claimant's urinal tract had been affected and a surgical operation was conducted and a catheter had been inserted in the affected area to facilitate passing of urine. the claimant had been hospitalized for about 40 days at a private hospital and he had spent a sum of rs.1,39,934/- towards the medical expenses as per exs.p6, p7 and p13. the doctor had assessed the disability at 40%. it is also seen that a second operation had been conducted for setting right the urinal dysfunction and that it has also not been successful. hence, this court reassesses the compensation as follows:- rs.1,39,934/- towards medical expenses; rs.60,000/- towards disability; rs.10,000/- towards transport; rs.10,000/- towards attender charges; rs.15,000/- towards loss of earning during medical treatment period and convalescence period; rs.15,000/- towards pain and suffering; rs.60,000/- towards loss of amenities and loss of comfort which are of a permanent nature since the claimant had undergone two surgical operations of his urinal system and he had sustained bone fracture injuries on his hip as per the evidence of the doctor. in total, this court awards rs.3,09,934/- as compensation as it is found to be appropriate in the instant case. the compensation amount will carry interest at the rate of 7.5% per annum from the date of filing the claim petition till date of payment of compensation. therefore, this court directs the third respondent herein / oriental insurance company limited to deposit the said compensation amount as per this court's decision within a period of four weeks from the date of receipt of a copy of this order.7. after such a deposit being made, it is open to the claimant to withdraw the entire compensation amount with accrued interest, as per this court's findings, lying in the credit of m.c.o.p.no.144 of 2000, on the file of motor accidents claims tribunal, sub court, udumalpet, after filing a memo, along with a copy of this order.8. in the result, the above appeal is partly allowed. consequently, the order passed in m.c.o.p.no.144 of 2000, on the file of motor accidents claims tribunal, sub court, udumalpet, dated 11.08.2003 is modified. there is no order as to costs. 05 / 08 / 2013 index : yes/no.internet : yes/no.r n s to the sub court, motor accidents claims tribunal, udumalpet. c.s.karnan, j.r n s pre delivery judgment made in c.m.a.no.1463 of 2004 05/ 08/2013
Judgment:

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:

05. 08 /2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.No.1463 of 2004 G.Jaganathan ... Appellant Vs. 1.P.Subramanian 2.A.Kannappan 3.The Oriental Insurance Company Limited, Udumalpet, Coimbatore District. ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, to set-aside the judgment and decree passed in M.C.O.P.No.144 of 2000 by the file of Motor Accidents Claims Tribunal & Sub Court, Udumalpet, dated 11.08.2003. For Appellant : Mr.K.Kalyanasundaram For Respondents : R-1 (dismissed) R-2 (served) Mr.S.Manohar for R-3 - - -

JUDGMENT

The appellant / claimant has filed the claim petition in M.C.O.P.No.144 of 2000, on the file of Motor Accidents Claims Tribunal, Sub Court, Udumalpet, against the respondents herein for compensation since he had sustained grievous injuries in the motor vehicle accident.

2. After contest, the Tribunal had awarded compensation of a sum of Rs.2,14,930/- with interest at the rate of 9% per annum and directed the second respondent herein / owner of the vehicle to pay the said amount.

3. Not being satisfied with the findings of the Tribunal, the claimant has filed the above appeal, seeking a direction to the Insurance Company to pay the initial compensation of a sum of Rs.2,14,930/- with interest and also seeking additional compensation of a sum of Rs.4,00,000/-.

4. The highly competent counsel for the appellant argued that the claimant was travelling in a van bearing registration No.TN-41-C-5396 on the Udumalai Main Road, as an occupant. The driver of the van had driven the vehicle in a rash and negligent manner and at a high speed and as a result, the vehicle had fallen down from the road side gradient. As a result, the claimant had sustained grievous injuries. The F.I.R has been registered against the driver of the offending vehicle. The driver was possessing a valid driving licence and the Motor Vehicle Inspector's Report reveals that the said vehicle is in a fit condition to operate on the public road. The claimant had sustained grievous injuries and he has been hospitalized as an inpatient for a long period. During the medical treatment period, surgical operation was conducted since his urinal system had been affected and after operation a catheter has been inserted to facilitate passing of urine. The learned counsel further submits that one more operation had been conducted in order to set right the urinal system but, it had proved unsuccessful. He had spent a sum of Rs.1,39,934/- towards medical expenses. The doctor had also spoken about the nature of injuries, mode of treatment and disability stating that the claimant had sustained 40% disability. Therefore, the claimant is entitled to receive initial compensation as well as additional compensation from the Insurance Company.

5. The very competent counsel for the Insurance Company argued that the said van was registered as a goods vehicle and not as passenger transport vehicle. Further, five persons had travelled in the said van. Therefore, there is a violation of policy conditions and as such, the Insurance Company is not liable to pay compensation to the claimant. The accident had been committed by the driver of the van and as such, the owner of the vehicle is liable to pay the said compensation and hence the Tribunal ordered the same. The learned counsel further contended that the claimant had undergone treatment at Government Hospital at Udumalpet and therefore, the question of medical expenses does not arise in this case.

6. On verifying the facts and circumferences of the case and arguments advanced by the learned counsels on either side and on perusing the impugned award of the Tribunal, this Court is of the view that the offending vehicle had been insured by the Insurance Company. It is also seen that the claimant had been travelling in the van along with goods and at that time, the accident had occurred. Therefore, the Insurance Company has to pay the below mentioned compensation amount with interest and recover the same from the owner of the vehicle in the same proceedings. It is seen from the evidence of the claimant and doctor that the claimant's urinal tract had been affected and a surgical operation was conducted and a catheter had been inserted in the affected area to facilitate passing of urine. The claimant had been hospitalized for about 40 days at a private hospital and he had spent a sum of Rs.1,39,934/- towards the medical expenses as per Exs.P6, P7 and P13. The doctor had assessed the disability at 40%. It is also seen that a second operation had been conducted for setting right the urinal dysfunction and that it has also not been successful. Hence, this Court reassesses the compensation as follows:- Rs.1,39,934/- towards medical expenses; Rs.60,000/- towards disability; Rs.10,000/- towards transport; Rs.10,000/- towards attender charges; Rs.15,000/- towards loss of earning during medical treatment period and convalescence period; Rs.15,000/- towards pain and suffering; Rs.60,000/- towards loss of amenities and loss of comfort which are of a permanent nature since the claimant had undergone two surgical operations of his urinal system and he had sustained bone fracture injuries on his hip as per the evidence of the doctor. In total, this Court awards Rs.3,09,934/- as compensation as it is found to be appropriate in the instant case. The compensation amount will carry interest at the rate of 7.5% per annum from the date of filing the claim petition till date of payment of compensation. Therefore, this Court directs the third respondent herein / Oriental Insurance Company Limited to deposit the said compensation amount as per this Court's decision within a period of four weeks from the date of receipt of a copy of this order.

7. After such a deposit being made, it is open to the claimant to withdraw the entire compensation amount with accrued interest, as per this Court's findings, lying in the credit of M.C.O.P.No.144 of 2000, on the file of Motor Accidents Claims Tribunal, Sub Court, Udumalpet, after filing a Memo, along with a copy of this order.

8. In the result, the above appeal is partly allowed. Consequently, the order passed in M.C.O.P.No.144 of 2000, on the file of Motor Accidents Claims Tribunal, Sub Court, Udumalpet, dated 11.08.2003 is modified. There is no order as to costs. 05 / 08 / 2013 Index : Yes/No.Internet : Yes/No.r n s To The Sub Court, Motor Accidents Claims Tribunal, Udumalpet. C.S.KARNAN, J.

r n s Pre Delivery Judgment made in C.M.A.No.1463 of 2004 05/ 08/2013