Madras High Court
Iffco Tokio General Insurance vs Chinnappan on 22 April, 2021
C.M.A.No.974 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.974 of 2020
and
C.M.P.No.6125 of 2020
Iffco Tokio General Insurance
Company Limited,
Branch Office,
No.148, Vinayaka Complex,
2nd Floor, Opp. TVS Showroom,
Erode. ... Appellant
Vs.
1.Chinnappan,
S/o.Gojappa
2.Karthick,
S/o.Annadurai ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree dated 23.04.2019
made in M.C.O.P.No.181 of 2018 on the file of the Motor Accidents
Claims Tribunal, Special Sub Judge, Krishnagiri.
For Appellant : Ms.Harini
for M/s.M.B.Gopalan Associates
For R2 : No appearance
JUDGMENT
Though there is service of notice on the contesting respondent who
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C.M.A.No.974 of 2020
are the claimant before the Tribunal, there is no representation on his
behalf.
2. The Insurance Company is the appellant in this appeal. It is
aggrieved by the impugned Judgment and decree dated 23.04.2019
passed by the Motor Accidents Claims Tribunal, Special Sub Judge,
Krishnagiri in M.C.O.P.No.181 of 2018.
3. By the impugned Judgment and decree, the Tribunal has
awarded a sum of Rs.9,08,000/- as compensation under the following
heads:-
1. Loss of Earning Power Rs.7,80,000/-
2. Medical Expenses Rs. 12,000/-
3. Transport, Nutrition and Attender Charges Rs. 15,000/-
4. Pain and Sufferings Rs. 50,000/-
5. Loss of Amenities and Enjoyment of life Rs. 50,000/-
6. Damages to clothing and articles Rs. 1,000/-
Total Rs.9,08,000/-
4. The nature of injuries suffered by the 1st respondent/claimant are
as follows:-
(i) Fracture of valut of skull
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C.M.A.No.974 of 2020
(ii) Fracture of frontal bone both sides extending to anterior cranial
Forsa skull base C+
(iii) Colloidal roof, frontal synes sephnoid and ethnoid arl cell
septum
(iv) Frontal bone right side extending & superior colloidal rilep
(v) Greater wing of sphenoid right side.
5. The appellant/Insurance Company has filed this appeal solely on
the ground that the Tribunal erred in awarding compensation to the 1st
respondent/claimant by considering 50% disability contrary to evidences
on record in Ex.C1-Disability Certificate issued by the Medical Board at
Government Head Quarters Hospital, Krishnagiri.
6. I have perused the impugned Judgment and decree and the
exhibits that were marked before the Tribunal and the deposition of the
witnesses.
7. In the impugned Judgment and decree, the learned presiding
officer of the Tribunal has noted as under:-
“As per Ex.C1-Disability Certificate issued by the
Medical Board at Government Head Quarters Hospital,
Krishnagiri, the petitioner's partial permanent disability is
20%. As per the medical evidence on record, the
petitioner suffered various grievous injuries. He claims
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C.M.A.No.974 of 2020
that he is now unable to continue his avocation as before.
There is no evidence to show that the petitioner was
working as Blue Metal Jelly Contractor. However it was
noted during enquiry that he could only walk with the
help of two attenders and that he could not walk or stand
independently and that even his hearing and speech were
impaired.”
8. Thus, it is evident that even though the permanent disability has
been assessed at 20%, the 1st respondent/claimant has impaired speech
and hearing ability due to the injuries suffered by him.
9. The nature of injuries suffered by the 1st respondent/claimant
indicates that the injuries occured on the upper part of the body namely
face and the head.
10. Considering the nature of injuries suffered by the 1 st
respondent/claimant, I do not find any mistake in the impugned
Judgment and decree passed by the Tribunal. Therefore, this appeal filed
by appellant/Insurance Company is liable to be dismissed and is
accordingly dismissed.
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C.M.A.No.974 of 2020
11. The appellant/Insurance Company is therefore directed to
deposit the compensation awarded by the Tribunal, together with interest
at 9% 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.
12. 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. No
costs. Consequently, connected Civil Miscellaneous Petition is closed.
22.04.2021
arb
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
To:
1.The Motor Accidents Claims Tribunal,
Special Sub Judge, Krishnagiri.
2.The Section Officer,
Vernacular Section,
Madras High Court.
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C.M.A.No.974 of 2020
C.SARAVANAN, J.
arb
C.M.A.No.974 of 2020
and
C.M.P.No.6125 of 2020
22.04.2021
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Page No 6 of 6
