Madras High Court
Icici Lombard General Insurance ... vs Ramesh on 23 April, 2021
CMA.No.464 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.464 of 2020
and CMP.No.2654 of 2020
(Through Video Conferencing)
ICICI Lombard General Insurance Company Limited,
Office at “Chottabai Centre”
2nd and 3rd floor,
No.140, Nungambakkam High Road,
Chennai – 600 034. ... Appellant
Vs.
1.Ramesh
2.Murali ... Respondents
(2nd respondent set exparte
before the Tribunal)
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the decree and judgment dated 01.03.2019
made in M.C.O.P.No.295 of 2014, on the file of the Motor Accident
Claims Tribunal, Chief Judicial Magistrate at Vellore.
For Appellant : M/s.R.Sree Vidhya
For R1 : Mr.M.Sivakumar
For R2 : No Appearance
https://www.mhc.tn.gov.in/judis/
1/7
CMA.No.464 of 2020
JUDGMENT
The appellant - Insurance Company is aggrieved by the impugned
Judgment and Decree dated 01.03.2019 passed by the Motor Accident
Claims Tribunal (Chief Judicial Magistrate), Vellore in M.C.O.P.No.295
of 2014.
2. By the impugned judgment and decree, the Tribunal has
awarded a sum of Rs.7,87,285/- as compensation together with interest at
7.5% from the date of filing of the claim petition till the date of deposit,
payable by the appellant - Insurance Company, to the 1st
respondent/claimant for the injury suffered by him.
3. The break up of the amount awarded by the Lower Court are
summarised below:-
S.No. Heads Amount awarded by the
Tribunal
1 55% disability at Rs.3,000/- per Rs. 1,65,000 /-
percentage
2 Medical Bills Rs.5,71,285/-
3 Loss of Income Rs. 24,000/-
4 Transport expenses Rs. 5,000/-
5 Extra Nourishment Rs. 10,000/-
6 Pain and sufferings Rs. 10,000/-
https://www.mhc.tn.gov.in/judis/
CMA.No.464 of 2020
7 Clothing and other expenses Rs. 2,000/-
Total Rs. 7,87,285/-
4. The brief facts of the case are that the 1st respondent/claimant
met with an accident while he was travelling as a pillion rider in a two-
wheeler bearing Reg.No.TN-23-BF-0052, when a unknown vehicle
driven by its driver in a rash and negligent manner, allegedly knocked
down the 1st respondent/claimant. As a result of the accident, 1st
respondent/claimant sustained grievous injuries.
5. After considering the evidence on record, the Tribunal has
awarded the aforesaid sum of Rs.7,87,285/- as compensation payable by
the appellant - Insurance Company.
6. Aggrieved by the same, this Civil Miscellaneous Appeal has
been filed by the appellant - Insurance Company.
7. The learned counsel for the appellant / Insurance company
submits that the Tribunal ought to have reduced the portion of the
liability as the case of the appellant is that the accident was on account of
https://www.mhc.tn.gov.in/judis/
CMA.No.464 of 2020
the unknown vehicle. It is further submitted that FIR is also against the
unknown vehicle.
8. Defending the impugned judgment and decree, the learned
counsel for the respondents submit that the Tribunal has not erred in
passing the award. He further submits that the impugned judgment and
decree is well reasoned and requires no interference and prays for
dismissal of this appeal.
9. I have considered the arguments advanced by the appellant
Insurance Company and I have also perused the evidence on record and
the impugned Judgment and Decree passed by the Tribunal.
10. It is noticed that the accident was due to the rash and negligent
riding of rider of the motorcycle i.e. second respondent. Therefore, the
Tribunal ought to have partially fixed the liability on the unknown
vehicle and not the entire liability on the rider of the insured motor cycle.
11. Considering the same, I am inclined to conclude that 25% of
https://www.mhc.tn.gov.in/judis/
CMA.No.464 of 2020
the award amount can be reduced towards contributory negligence of
rider of the insured vehicle. Under these circumstances, the award
amount of Rs.7,87,285/- is reduced by 25%. Thus, the award amount of
Rs.7,87,285/- @ 25% = Rs.1,96,821
Total award amount = Rs.7,87,285/- – Rs.1,96,821/-
= Rs.5,90,464/-
12. Therfore, the appellant-Insurance Company is directed to
deposit the re-quantified amount of compensation of Rs. 5,90,464/-
together with interest at 7.5% from the date of claim petition till the date
of such deposit, less any amount already deposited, within a period of six
weeks from the date of receipt of a copy of this Judgment.
13. On Such deposit, the 1st respondent/claimant is permitted to
withdraw the same together with interest, less any amount already
withdrawn, by filing suitable application before the Tribunal.
https://www.mhc.tn.gov.in/judis/
CMA.No.464 of 2020
14. Accordingly, this Civil Miscellaneous Appeal stands partly
allowed. No cost. Consequently, connected Miscellaneous Petition is
closed.
23.04.2021
drl
Index : Yes/No
Internet : Yes/No
To:
1.The Motor Accidents Claims Tribunal,
Chief Judicial Magistrate, Vellore.
2.The Section Officer,
VR Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis/
CMA.No.464 of 2020
C.SARAVANAN, J.
drl
C.M.A.No.464 of 2020
and
CMP.No.2654 of 2020
23.04.2021
https://www.mhc.tn.gov.in/judis/
