1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:23.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.MATHIVANAN C.M.A.(MD)No.1006 of 2011 and M.P.(MD).No.1 of 2011 The Branch Manager, M/s. United India Insurance Company Limited, Tirunelveli. ... Appellant/2nd Respondent Vs. 1. Balan 2. Durairaj ... Respondents /Claimant and 1st Respondent Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 16.06.2004 made in M.C.O.P.No.332 of 2003 on the file of the Motor Accident Claims Tribunal (II Additional Sub Court), Tirunelveli. For Appellant : Mr.B.Rajesh Saravanan For Respondent No.2 : Mr.R.S.Venkitachalam JUDGMENT Challenge is made in this appeal to the award dated 16.06.2004 made in M.C.O.P.No.332 of 2003 on the file of the Motor Accident Claims Tribunal (II Additional Sub Court), Tirunelveli. The second respondent/Insurance Company is the appellant herein. The claimant is the first respondent, whereas the owner of the vehicle is the second respondent. The first respondent/claimant has made a claim petition in M.C.O.P.No.332 of 2003 on the file of the Motor Accident Claims Tribunal (II Additional Sub Court), Tirunelveli, claiming a sum of Rs.5 lakhs for the fracture sustained by him in his right leg and right rib in a road traffic accident said to have taken place on 27.07.2001 at 8.00 a.m. near Krishna Nursing Home at Palayamkottai Johns College Branch Road involving Hero Honda Motor Cycle bearing Registration No.TN Z 1773. The second respondent being the owner of the vehicle remained ex-parte before the Tribunal. The appellant/Insurance Company has contested the claim on various grounds. On evaluating the evidence both oral and documentary, the Tribunal ultimately has awarded a sum of Rs.2,24,200/- after applying the multiplier system. Challenging the impugned award, the appellant/Insurance Company stands before this Court. 2. Mr.B.Rajesh Saravanan, learned counsel appearing for the appellant/Insurance Company has advanced his argument only on the quantum of award and vehemently objected the method of calculation adopted by the Tribunal, through the averments of the judgment and indicated that as per the evidence of P.W.2 - doctor, the disability which is suffered by the https://hcservices.ecourts.gov.in/hcservices/ 2 first respondent/claimant has been estimated at 40%. But without noticing the fact the Tribunal has proceeded to calculate the quantum of award, based on the method of calculation which is absolutely wrong and the same is liable to be dismissed. He has also suggested that as pronounced by this Court as well as the Apex Court, since the disability is estimated at 40%, the compensation towards the permanent disability ought to have been calculated at Rs.2,000/- per one percentage. Accordingly, he has suggested that a sum of Rs.80,000/- might be awarded towards the permanent disability at the rate of 40%. Besides this, towards pain and suffering, a sum of Rs.10,000/- and for transportation, a sum of Rs.5,000/- and under the head of extra nourishment, a sum of Rs.5,000/-, in aggregation a sum of Rs.1 lakh might be awarded. This Court has considered the statement made by the learned counsel for the appellant/Insurance Company and found that this calculation would serve better to meet the ends of justice. Accordingly, the award of Rs.2,24,200/- made by the tribunal has been reduced to Rs.1 lakh under the following heads: Rupees i) towards Permanent disability for 40% 80,000/- ii) towards pain and suffering 10,000/- iii) for transportation 5,000/- iv) for extra nourishment 5,000/- ---------- Total 1,00,000/- ---------- 3. The Tribunal has awarded 9% of interest. This has also been objected to by the learned counsel for the appellant/Insurance Company and instead he has suggested that the interest at the rate of Rs.7.5% can be calculated to the reduced award amount. Accordingly, the appellant/Insurance Company is directed to deposit a sum of Rs.1,00,000/- along with the interest at the rate of 7.5% from the date of claim petition within a period of four weeks from the date of receipt of a copy of this order. It is informed that the award passed by the Tribunal has already been deposited, and hence the excess amount shall be refunded to the appellant/Insurance Company along with the proportionate interest. This Civil Miscellaneous Appeal is allowed. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (C.O.) /True Copy/ Sub Assistant Registrar To The Motor Accident Claims Tribunal,(II Additional Sub Court), Tirunelveli. +1cc to Mr.B.Rajesh Saravanan, Advocate Sr.No.41187 akv C.M.A.(MD).No.1006 of 2011 ka/8.6.12 /3p-3c/ 23.11.2011 https://hcservices.ecourts.gov.in/hcservices/