M/S.Reliance General Insurance ... vs Govindarajan
2021 Latest Caselaw 10170 Mad

                                                                          C.M.A.No.1397 of 2021

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 21.04.2021

                                                       CORAM

                                   THE HON'BLE MR.JUSTICE C.SARAVANAN

                                             C.M.A.No.1397 of 2021
                                                     and
                                             C.M.P.No.7190 of 2021

                 M/s.Reliance General Insurance Co. Ltd.,
                 No.6, 6th Floor, Haddows Road,
                 Nungambakkam, Chennai – 6.                               ... Appellant

                                                          Vs.
                 1.Govindarajan,
                   S/o.Alagarsamy
                 2.B.Karthikeyan,
                   S/o.Balasubramanian                                    ... Respondents

                       Civil Miscellaneous Appeal filed under Section 173 of Motor
                 Vehicles Act, 1988 against the Judgment and Decree dated 03.02.2020
                 made in M.C.O.P.No.6644 of 2015 on the file of the Motor Accidents
                 Claims Tribunal, V Court of Small Causes, Chennai.

                                   For Appellant       : Mr.S.Arunkumar


                                                     JUDGMENT

The Insurance Company is the appellant in this appeal. The

appellant/Insurance Company is aggrieved by the impugned Judgment

and decree dated 03.02.2020 passed by the Motor Accidents Claims

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Tribunal, V Court of Small Causes, Chennai in M.C.O.P.No.6644 of

2015.

2. I have perused the evidences on record and the impugned

Judgment and decree passed by the Tribunal.

3. By the impugned Judgment and decree, the Tribunal has

awarded a sum of Rs.6,70,000/- to the 1st respondent/claimant under the

following heads:-

Calculation:

1.Towards Pain and Sufferings Rs. 50,000/-

2.Towards Extra Nourishment and transport Rs. 50,000/-

3.Loss of Earnings Rs.5,04,000/-

4.Medical Expenses Rs. 5,000/-

5.Loss of Amenities Rs. 50,000/-

6.Damages to clothes Rs. 1,000/-

7.Attender Charges Rs. 10,000/-

-----------------

Total Rs.6,70,000/-

------------------

4. The nature of injuries suffered by the 1st respondent/claimant is

as under:-

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1. Traumatic Brain Injury

2. Rightfronto Temporoparieta thin Subdural Hemorrhage

3. Multiple Hemorrhagic contusion

4. Occipital bone fracture on right side

5. Fracture of both bones left leg

6. Pulmonary Embolism.

The disability has been assessed in Ex.C1-Disability Certificate issued by

the Regional Medical Board which has fixed 40% disability.

5. The Tribunal has also accepted the same as functional disability

and awarded compensation by taking montly income of the 1st

respondent/claimant as Rs.15,000/- per month.

6. In my view, there is no merits in the challenge to the impugned

judgment and decree passed by the Tribunal while awarding the aforesaid

compensation. Though it was claimed by the 1st respondent/claimant that

he was earning a sum of Rs.20,000/- pm, the Tribunal has rightly

concluded about the notional income of the 1st respondent/claimant as

Rs.15,000/- per month as a supervisor to award the aforesaid

compensation.

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7. That being the case, I do find any reasons to interfere with the

impugned Judgment and decree passed by the Tribunal. Accordingly, the

appeal filed by the appellant/Insurance Company is dismissed.

8. The appellant/Insurance Company is therefore directed to

deposit the compensation awarded by the Tribunal, together with interest

at 7.5% per annum from the date of numbering of the claim petition till

the date of such deposit, less any amount already deposited by it, within a

period of six weeks from the date of receipt of a copy of this Judgment.

9. On such deposit being made by the appellant/Insurance

Company, the 1st respondent/claimant is permitted to withdraw the same

together with interest accrued thereon, less any amount already

withdrawn in the same proportion as was ordered by the Tribunal.

Consequently, connected Civil Miscellaneous Petition is closed. No

costs.

21.04.2021 arb Internet : Yes / No Index : Yes/No Speaking Order/Non-speaking Order

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To:

1.The Motor Accidents Claims Tribunal, V Court of Small Causes, Chennai.

2.The Section Officer, Vernacular Section, Madras High Court.

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C.SARAVANAN, J.

arb

C.M.A.No.1397 of 2021 and C.M.P.No.7190 of 2021

21.04.2021

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