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2017 DIGILAW 4166 (MAD)

New India Assurance Company Limited, Rep. by its Divisional Manager, Madurai v. C. Ranjitham

2017-12-07

V.BHAVANI SUBBAROYAN

body2017
JUDGMENT : 1. These Civil Miscellaneous Appeals have been filed by the appellant/New India Assurance Company against the Judgment and Decree, dated 25.03.2004 made in M.C.O.P. Nos. 2219, 2220, 2222 and 2221 of 2002 respectively, on the file of the Third Additional District Court (PCR) (Motor Accident Claims Tribunal), Madurai. 2. The ranks of the appellant and the respondents herein are referred to as per the rank mentioned in M.C.O.P.No.2219 of 2002 before the Tribunal 3. The brief facts of the case in M.C.O.P. Nos. 2219, 2220, 2222 and 2221 of 2002 are as follows:- (i) On 15.01.2002 at about 05.00 p.m., one K.M.P. Chandran along with the claimants in M.C.O.P.Nos.2220, 2221 and 2222 of 2002 were proceeding from Tiruchendur to Aruppukottai in their Car bearing Registration No. TN-67-7670 belonging to the first respondent, in the claim petition. While the vehicle was proceeding from Tuticorin towards Ettayapuram, 4 km away from Pudurpandiapuram, due to the rash and negligent driving of the first respondent, the said vehicle got out of control and having gone to the extreme left side and dashed against the walls of the bridge on the Western side of the road. Due to the said impact, all the occupants of the car including the driver have sustained multiple injuries all over the body. (ii) Due to the said impact, K.P.N. Chandran has sustained multiple fracture in the spinal cord, in all levels. Immediately, he was taken to a private hospital, namely Sundaram Arulraj Hospital, Tuticorin, but inspite of the intensive treatment, the said Chandran succumbed to injuries on 21.01.2002. The deceased was aged about 54 years at the time of accident and was running a grocery shop and earned a sum of Rs.7,500/- per month. The legal heirs of the deceased filed a claim petition in M.C.O.P.No.2219 of 2002, claiming a sum of Rs.7,50,000/- as compensation. (iii) Due to the said impact, the claimant-Ranjitham in M.C.O.P. No.2220 of 2002 sustained multiple grievous injuries all over the body and immediately, she was taken to Sundaram Arulraj Hospital, Tuticorin and there was a fracture and dislocation of left hip, fracture mid third of left humerus bone, grievous nerve injury to left sciatic nerve palsy and head injury and the claimant was aged 50 years at the time of accident and claimed a sum of Rs.6,00,000/- as compensation. (iv) Due to the said impact, the claimant-Amirtha in M.C.O.P.No.2221 of 2002 sustained multiple grievous injuries all over the body and immediately, she was taken to Sundaram Arulraj Hospital, Tuticorin and she was aged about 7 years and claimed a sum of Rs.50,000/- as compensation. (v) Due to the said impact, the claimant-Manjula in M.C.O.P.No.2222 of 2002 sustained bilateral fracture acetabulam traverse with central dislocation left side, head injury and left III nerve palsy and she was aged 32 years at the time of accident and claimed a sum of Rs.7,00,000/- as compensation. (vi) The second respondent/New India Assurance Company filed a counter- affidavit denying the nature of accident, age and avocation of the claimants and stated that they are not liable to pay compensation. 4. All these appeals were arising out of a same accident and hence they were taken up together and the Tribunal had passed a common Judgment. 5. Before the Tribunal, on the side of the claimants, sixty four witnesses viz., P.W.1 to P.W.64 were examined and five documents viz., Exs.P.1 to P.5 were marked and on the side of the respondents, neither a witness was examined nor a document was marked. 6. The Tribunal, after considering the pleadings, oral and documentary evidence and arguments of the learned counsel appearing on either side and also appreciating the evidence on record totally awarded a sum of Rs.2,00,500/- to the claimant in M.C.O.P.No.2219 of 2002, a sum of Rs.3,39,000/- to the claimant in M.C.O.P.No.2220 of 2002, a sum of Rs.23,000/- to the claimant in M.C.O.P.No.2221 of 2002 and a sum of Rs.2,47,500/- to the claimant in M.C.O.P.No.2222 of 2002 as compensation and directed the second respondent/New India Assurance Company to pay the amount. 7. Against the Judgment and Decree, the appellant/New India Assurance Company has filed the present appeals. 8. Heard the learned counsel appearing for the appellant/New India Assurance Company and the learned counsel appearing for the respective respondents and perused the materials available on record. 9. The learned counsel appearing for the appellant/New India Assurance Company would submit that the Tribunal had failed to appreciate that the vehicle involved in the accident is only a private car. The vehicle is not covered with personal accident coverage policy. 9. The learned counsel appearing for the appellant/New India Assurance Company would submit that the Tribunal had failed to appreciate that the vehicle involved in the accident is only a private car. The vehicle is not covered with personal accident coverage policy. To maintain the claim, the owner of the vehicle would have paid a separate premium to extend the policy for covering the liability against the claim of the passenger and prayed for dismissal of these appeals. 10. From the perusal of the records, it is seen that one K.M.P. Chandran along with the claimants were travelling in a car bearing Registration No. TN-67-C-7670 and at that point of time, due to the rash and negligent driving of the first respondent, the car dashed against the wall of the bridge and the claimants have sustained injuries. P.W.1, in his evidence, has stated that due to the negligent act of the first respondent, the accident had occurred and from the evidence of P.W.1 and Exs.1, 4 and 5, the Tribunal had arrived at the conclusion that the accident had occurred only due to the rash and negligent act of the driver of the first respondent and stated that the appellant/second respondent-New India Assurance Company is liable to pay compensation. 11. From the perusal of the materials available on record, it is seen that in M.C.O.P.No.2219 of 2002, the deceased's spinal cord was completely fractured and damaged and multiple grievous injuries all over the body and from 15.01.2002 to 21.01.2002, he had taken treatment as in-patient and succumbed to the injuries subsequently and it is evident from Exs.P.7 to P.11 and the Tribunal has awarded a sum of Rs.1,20,000/- towards medical bills and the Tribunal has fixed the income of the deceased at Rs.3,000/- per month and deducted one-third amount towards personal expenses and assessed the income of the deceased at Rs.24,000/- (Rs.2,000 X 12) per annum and considering the fact that the deceased was aged 54 years at the time of accident and applied multiplier 11' and awarded a total sum of Rs.4,13,500/- as compensation to the claimants and directed the appellant/second respondent-New India Assurance Company to pay the amount, which in the considered opinion of this Court is reasonable and the same stands confirmed. 12. 12. From the perusal of the records, it is seen that the claimant in M.C.O.P.No.2220 of 2002 sustained multiple grievous injuries all over the body and from 15.01.2002 to 27.01.2002 and she took treatment as inpatient in Sundaram Arulraj Hospital at Tuticorin and from 27.01.2002 to 17.02.2002 and from 04.03.2002 to 07.03.2002, she had taken treatment as in-patient in Shenbagam Hospital, Madurai and till taking treatment as an out-patient and due to the same, there was a loss of sensation in the left leg from hip, due to the restriction of movements, he cannot stretch her hands, unable to do any work with left hand, unable to attend to her day-to-day activities and unable to sit, stand and squat and the Tribunal had awarded a sum of Rs.15,000/- for pain and sufferings, a sum of Rs.2,35,000/- towards medical bills, a sum of Rs.20,000/- towards future medical expenses and a sum of Rs.69,000/- towards permanent disability and totally awarded a sum of Rs.3,39,000/- as compensation to the claimant and directed the appellant/second respondent-New India Assurance Company to pay the amount, which in the considered opinion of this Court is reasonable and the same is confirmed. 13. From the perusal of the records, it is seen that the claimant in M.C.O.P.No.2221 of 2002 sustained multiple grievous injuries all over the body and due to the said impact, she was unable to do her day-to-day work, there was loss of memory power and unable to walk, run, squat and sit and the Tribunal has awarded a sum of Rs.5,000/- towards pain and sufferings, a sum of Rs.16,000/- towards medical bills, a sum of Rs.2,000/- towards future loss of expenses and totally awarded a sum of Rs.23,000/- as compensation to the claimant and directed the appellant/second respondent-New India Assurance Company to pay the amount, which in the considered opinion of this Court is reasonable and correct and the same is confirmed. 14. 14. From the perusal of the records, it is seen that the claimant in M.C.O.P.No.2222 of 2002 sustained multiple grievous injuries all over the body and from 15.01.2002 to 26.01.2002 took treatment as an inpatient in Sundaram Arulraj Hospital at Tuticorin and from 27.01.2002 to 12.02.2002 took treatment as in-patient in Apollo Hospital, Madurai and due to the same, there was a short limbing geit, permanent restriction of movements of the whole hip, not in a position to walk, squat and bend, unable to day-to-day activities, sensation of the hip completely lost, loss of marital life, frequent head ache, loss of memory power and giddiness, loss of sensation and slurring in speech and double vision in the left eye and the Tribunal has awarded a sum of Rs.15,000/- towards pain and sufferings, a sum of Rs.1,42,000/- towards medical bills, a sum of Rs.20,000/- towards future medical expenses and a sum of Rs.70,500/- towards permanent disability and totally awarded a sum of Rs.2,47,500/- as compensation to the claimant and directed the appellant/second respondent-New India Assurance Company to pay the amount, which in the considered opinion of this Court is reasonable and the same is confirmed. 15. In view of the above, this Court is of the considered opinion that there is no error in the finding of the Tribunal and the Tribunal has awarded a just and reasonable compensation. Hence, this Court finds no infirmity or irregularity in the award passed by the Tribunal. Therefore, these Civil Miscellaneous Appeals deserve to be dismissed. 16. In the result, these Civil Miscellaneous Appeals are dismissed and the Judgment and Decree, dated 25.03.2004 made in M.C.O.P.Nos.2219, 2220, 2222 and 2221 of 2002 respectively, on the file of the Third Additional District Court (PCR) (Motor Accident Claims Tribunal), Madurai, is hereby confirmed. The appellant/New India Assurance Company is directed to deposit the entire award amount, in each claim petition, with accrued interests and costs, within a period of eight weeks from the date of receipt of a copy of this order, if not already deposited and on such deposit being made, the claimants in M.A.C.O.P. Nos. The appellant/New India Assurance Company is directed to deposit the entire award amount, in each claim petition, with accrued interests and costs, within a period of eight weeks from the date of receipt of a copy of this order, if not already deposited and on such deposit being made, the claimants in M.A.C.O.P. Nos. 2219 and 2220 of 2002 are permitted to withdraw the entire award amount, as apportioned by the Tribunal, along with proportionate accrued interest and costs and the claimant in M.C.O.P. No. 2222 of 2002 is permitted to withdraw the entire award amount along with accrued interest and costs by filing necessary petition before the Tribunal and insofar as the share of the minor claimant in M.C.O.P. No. 2221 of 2002 is concerned, the same should be deposited in any one of the Nationalised Bank in a fixed deposit, under renewable scheme till she attained majority and the interest accrued on her share is directed to be withdrawn by her mother from the Bank, once in three months and utilise the same for the welfare of the minor child. No costs. Consequently, connected Miscellaneous Petitions are closed.