1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2009 CORAM: THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI C.M.A.(MD)NO.1479 OF 2006 and M.P(MD)Nos.1 and 3 of 2006 The Oriental Insurance Company Limited, represented by its Branch Manager, D.D.J.Centre, Vadasery, Nagercoil- 629 002. :Appellant/second respondent -Vs- 1.Raj :first respondent/petitioner 2.Sibirajesh :second Respondent/first respondent PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgement and decree dated 19.12.2005 made in M.C.O.P.No.187 of 2004, on the file of Motor Accident Claims Tribunal (II Additional Sub-Court), Nagercoil. For Appellant : MrK.Bhaskaran For Respondent No.1 : Mr.T.Selvakumaran For Respondent No.2 : No Appearance JUDGMENT This Civil Miscellaneous Appeal has been filed against the judgment and decree dated 19.12.2005, made in M.C.O.P.No.187 of 2004, on the file of Motor Accidents Claims Tribunal( II Additional Sub-Court), Nagercoil,Kanyakumari District. 2. The petitioner/claimant in the M.C.O.P.No.187 of 2004 was an injured, who sustained injuries on 25.03.2003 around 03.15 p.m. When he was proceeding in his motor-cycle at Nagercoil-Tirunelveli Road. When he was nearing one Thangam Weigh Bridge, a motor-cycle bearing Registration No.TN.74 C 8542, driven by the first respondent in a rash and negligent manner and he dashed against the petitioner and the petitioner sustained multiple injuries and hence the petitioner claimed a compensation of Rs.5 lakhs, before the Motor Accidents Claims Tribunal, Nagercoil. 3. The respondents have denied the manner of the accident and has also opposed the claim. 4. On considering the oral and documentary evidence, the Tribunal has found that the driver of the motor-cycle is negligent and fix the liability as such. While considering the compensation, the Tribunal had awarded the compensation as follows: 1. for loss of income - Rs. 25,000/- 2. for transportation - Rs. 1,000/- 3. for nutrition - Rs. 5,000/- 4. for damage to clothe - Rs. 1,000/- 5. for medical expenses - Rs. 42,100/- 6. for pain and suffering - Rs. 20,000/- 7. for disability - Rs. 20,000/- 8. for loss of earning capacity - Rs. 15,000/- ---------------- Total - 1,29,100/- --------------- The Tribunal has granted the above said compensation amount with interest at the rate of 12% p.a. https://hcservices.ecourts.gov.in/hcservices/ 2 5.Aggrieved by the decree and judgment of the Tribunal, the Insurance Company has preferred the present Civil Miscellaneous Appeal. In this appeal, the quantum of compensation alone has been challenged. 6. Heard both sides and persused the materials available on record. 7. The learned counsel for the appellant submitted that the Tribunal had awarded Rs.20,000/- for disability and has also awarded a sum of Rs.25,000/- for loss of earning capacity, without any basis. He has also pointed out the fact that a sum of Rs.20,000/- is awarded for pain and suffering which is on the higher side. 8. Heard the learned counsel for the respondent. 9. After hearing both sides, this Court redetermines the award as follows: 1. for loss of income - Rs. 20,000/- 2. for transportation - Rs. 1,000/- 3. for nutrition - Rs. 5,000/- 4. for damage to clothe - Rs. 1,000/- 5. for medical expenses - Rs. 42,100/- 6. for pain and suffering - Rs. 15,000/- 7. for disability compensation - Rs. 20,000/- 8. for loss of earning capacity - Rs. 15,000/- ------------- Total - Rs.1,19,100/- ------------- 10. In the result, the Civil Miscellaneous is partly allowed and the award of compensation is reduced to Rs.1,19,000/- as stated supra. The petitioner is permitted to withdraw the entire award amount with accrued interest and costs with interest 9% from the date of claim. The appellant is permitted to withdraw the excess amount of award amount which has been deposited before the Tribunal with proportionate interest. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar (P&A) / TRUE COPY / Sub Assistant Registrar To: The Motor Accident Claims Tribunal, (II Additional Sub-Court), Nagercoil. +1CC to Mr.K.Bhaskaran, Advocate. SR.No.7791. +1CC to Mr.T.Selvakumaran, Advocate. SR.No.8311. vsn RP/11.05.09/2P/4C. C.M.A.(MD)NO.1479 OF 2006 21.04.2009. https://hcservices.ecourts.gov.in/hcservices/