1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 21.12.2011 CORAM THE HONOURABLE MR.JUSTICE T.MATHIVANAN C.M.A (MD)No.915 of 2011 and M.P (MD) No.1 of 2011 The Branch Manager, The New India Assurance Company Limited, No.482, 483 S.N.V.Chambers 3rd Floor, Coimbatore – 12. .. Appellant/2nd respondent Vs 1. C.Sudhakar .. respondent/Petitioner 2. Selvaraj .. Respondent/1st respondent (2nd Respondent/Ist Respondent remained Exparte before the Tribunal Hence 2nd Respondent - dispensed with) Prayer:- Appeal filed under Section 173 of the Motor Vehicles Act against the judgment and decree dated 09.12.2010 and made in M.C.O.P.No.337 of 2009 on the file of the Motor Accident Claims Tribunal, Kulithalai. For Appellant : Mr.B.Vijay Karthikeyan For R – 1 : Mr.N.Sudhagar Nagaraj JUDGMENT This memorandum of Civil Miscellaneous Appeal is directed against the award, dated 09.12.2010 and made in M.C.O.P.No.337 of 2009 on the file of the Motor Accident Claims Tribunal, (Learned Subordinate Judge), Sub-Court, Kulithalai. 2. The second respondent/Insurance Company is the appellant herein. The claimant is the first respondent herein, whereas, the first respondent/owner of the vehicle in the claim petition is the second respondent herein. 3. The first respondent/claimant has filed a claim petition in M.C.O.P.No.337 of 2009, on the file of the Motor Accident Claims Tribunal, (Sub-Court), Kulithalai, claiming a sum of Rs.30,00,000/- for the injuries sustained by him in a Road Traffic Accident alleged to have been taken place on 12.05.2009 at about 11.00 p.m involving two vehicles viz., 407 Van bearing Registration No.TN-37-AD-2856 belonging to the second respondent herein and the Motor cycle bearing Registration No.TN- 49-P-5085. The second respondent herein being the owner of the vehicle has not chosen to contest the claim of the first respondent, as he remained ex-parte. On the other hand, the appellant/Insurance Company has contested the claim on various grounds. 4. On evaluating the evidences on record both oral and documentary, the claims Tribunal has awarded totally a sum of Rs.10,05,000/- under the following heads:- https://hcservices.ecourts.gov.in/hcservices/ 2 After the application of multiplier of 15, the Tribunal has fixed the monthly income of the injured first respondent-claimant at Rs.7,500/-. On this basis the loss of income of the injured has been calculated as Rs.6,75,000/- (Rs.7,500 X 12 X 15/2= Rs.6,75,000/-). Under the head of pain and suffering, the Tribunal has awarded a sum of Rs.5,000/- and under the head of Medical Expenses, the Tribunal has awarded a sum of Rs.3,25,000/-. In aggregate Rs.10,05,000/-, directing the appellant/Insurance Company to pay this amount with interest at the rate of 7.5% per annum from the date of petition within 30 days from the date of the award. 5. Mr.B.Vijay Karthikeyan, learned Counsel for the appellant/Insurance Company has submitted that as per the direction of this Court a sum of Rs.5,75,017/- has already been deposited to the credit of the claim petition in M.C.O.P.No.337 of 2009. 6. Heard Mr.B.Vijay Karthikeyan, learned counsel for the appellant and Mr.N.Sudhagar Nagaraj, learned Counsel for the first respondent/claimant. 7. Mr.B.Vijay Karthikeyan, learned Counsel for the appellant- Insurance Company while advancing his argument has questioned the fixing up of monthly income by the Tribunal at Rs.7,500/-. He has submitted that without any basic evidence, the Tribunal ought not to have fixed the monthly income at Rs.7,500/-. It might be determined at Rs.4,500/-. For this, Mr.N.Sudhagar Nagaraj, learned Counsel for the first respondent has strongly objected. 8. However, considering the document under Ex.P13, this Court is of view that a sum of Rs.4,500/- can be determined towards the monthly income of the first respondent/claimant. The Tribunal has assessed the disability based on the evidence of PW.4 at 50%. Keeping in view of these facts, the 50% disability, the award of Rs.10,05,000/- granted by the Tribunal has been modified as detailed below:- 9. Rs.4,500/- X 12 X 15/2= Rs.4,05,000/-. Besides this, the Tribunal has awarded:- For Pain and Suffering Rs. 5,000/- For Medical Expenses (as per Exs.P7 to P12) Rs.3,11,272/- ------------- Total Rs.7,21,272/- ------------- 10. The first respondent/claimant is entitled to get the modified compensation of Rs.7,21,272/- with interest at 7.5% per annum from the date of petition as against the award of Rs.10,05,000/- granted by the Tribunal. The appellant-Insurance Company is directed to deposit this reduced compensation with interest at the rate of 7.5% p.a from the date of petition. 11. At the time of admission of this appeal, this Court as per the order passed in M.P.No.1 of 2011 has directed the appellant/Insurance Company to deposit 50% of the award amount including the accrued interest https://hcservices.ecourts.gov.in/hcservices/ 3 and entire costs to the credit of the claim petition in M.C.O.P.No.337 of 2009, on the file of the Motor Accident Claims Tribunal (Sub-Court), Kulithalai. 12. It is submitted by the learned Counsel for the appellant/Insurance Company that already the Insurance Company has deposited a sum of Rs.5,75,017/- with accrued interest and costs. Now the balance amount shall be deposited within a period of six weeks from the date of receipt of a copy of this order with accrued interest and costs as directed above. On such deposit being made, the first respondent/claimant is directed to withdraw the entire amount as directed by the Tribunal by filing a formal petition. With the above observation, this Civil Miscellaneous Appeal is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (T&P) /True copy/ Sub Assistant Registrar To The Subordinate Judge, The Motor Accident Claims Tribunal, Kulithalai. +1CC TO MR.B.VIJAYKARTHIKEYAN, ADVOCATE SR.45157 Ps SR : 26.12.2011 : 3p/3c : IT C.M.A.(MD)No.915 of 2011 21.12.2011 https://hcservices.ecourts.gov.in/hcservices/