Case Note & Summary
The appeal was filed by the insurance company challenging the quantum of compensation awarded by the Motor Accidents Claims Tribunal (MACT), VI Court of Small Causes, Chennai, in MCOP No. 4282 of 2018. The claimant, V. Mohan, had filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation of Rs. 15,00,000/- for injuries sustained in a road accident on 25.12.2017. The accident occurred when a lorry driven rashly and negligently hit the claimant's motorcycle near Thattampattu Village, causing grievous injuries. The Tribunal, after considering evidence including discharge summaries (Ex.P2 to Ex.P4) and a disability certificate showing 27% disability, awarded a total compensation of Rs. 19,36,300/- with interest. The insurance company appealed, contending that the amounts awarded under the heads of pain and suffering and medical expenses were excessive and lacked proper evidence. The claimant's counsel argued that the award was just and proper and did not file cross-objections. The High Court examined the records and found that the claimant had undergone inpatient treatment for 35 days across three hospitalizations. However, the claimant had not produced any medical bills or receipts to prove the medical expenses. The Tribunal had awarded Rs. 5,00,000/- for medical expenses, which the High Court found excessive and reduced to Rs. 1,00,000/-. Similarly, the award of Rs. 1,00,000/- for pain and suffering was reduced to Rs. 50,000/- as there was no evidence of severe pain beyond the normal period. The compensation for disability (Rs. 7,000 per percentage for 27% disability) and other heads were upheld. The total compensation was reduced from Rs. 19,36,300/- to Rs. 14,36,300/-. The appeal was partly allowed, and the insurance company was directed to deposit the modified amount with interest.
Headnote
A) Motor Accident Compensation - Quantum of Compensation - Pain and Suffering - Section 166 Motor Vehicles Act, 1988 - The Tribunal awarded Rs. 1,00,000/- for pain and suffering, which was reduced to Rs. 50,000/- by the High Court as the claimant had not produced any evidence to show that he suffered severe pain beyond the normal period of treatment. (Paras 9-10) B) Motor Accident Compensation - Medical Expenses - Section 166 Motor Vehicles Act, 1988 - The Tribunal awarded Rs. 5,00,000/- for medical expenses, but the High Court reduced it to Rs. 1,00,000/- as the claimant had not produced any medical bills or receipts to substantiate the expenses. (Paras 9-10) C) Motor Accident Compensation - Disability - Non-Functional Disability - Section 166 Motor Vehicles Act, 1988 - The Tribunal awarded Rs. 7,000/- per percentage of disability for a 27% non-functional disability, which was upheld by the High Court as proper. (Para 8)
Issue of Consideration
Whether the compensation awarded by the Motor Accidents Claims Tribunal under the heads of pain and suffering and medical expenses was excessive and required reduction.
Final Decision
The appeal is partly allowed. The compensation awarded by the Tribunal is reduced from Rs. 19,36,300/- to Rs. 14,36,300/-. The insurance company is directed to deposit the modified amount with interest at 7.5% per annum from the date of petition till deposit, less any amount already deposited. The claimant is permitted to withdraw the amount. No costs.
Law Points
- Motor Vehicles Act
- 1988
- Section 166
- Compensation for injuries
- Pain and suffering
- Medical expenses
- Disability assessment
- Non-functional disability
