Madras High Court
M/S.Reliance General Insurance ... vs K.Vijayalakshmi on 30 April, 2021
C.M.A.No.1640 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.1640 of 2020
and
C.M.P.No.12074 of 2020
M/s.Reliance General Insurance Co. Ltd.,
No.628, 2nd Floor, Balmer Lawrie House,
Anna Salai, Chennai – 600 018. ... Appellant
Vs.
1. K.Vijayalakshmi,
W/o.V.Kedarinath
2. D.Ragupathi ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree dated 22.08.2019
made in M.C.O.P.No.6183 of 2013 on the file of the Motor Accidents
Claims Tribunal, Special Sub Court No.2, Chennai.
For Appellant : Mr.S.Arunkumar
For Respondents : Not ready in notice
JUDGMENT
Though notice has been served on the 1st respondent/claimant,
there is no representation on her behalf.
2. The Insurance Company has filed this appeal against the
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C.M.A.No.1640 of 2020
impugned Judgment and decree dated 22.08.2019 passed by the Motor
Accidents Claims Tribunal, Special Sub Court No.2, Chennai in
M.C.O.P.No.6183 of 2013.
3. By the impugned Judgment and decree, the Tribunal has
awarded a sum of Rs.13,12,200/- under various heads.
Heads of Compensation Amounts Awarded by the
Tribunal
Functional Disability Rs. 7,48,440/-
Pain and Sufferings Rs. 50,000/-
Transportation Charges Rs. 25,000/-
Extra Nourishment Rs. 30,000/-
Damages to Clothes and things Rs. 1,000/-
Attender Charges Rs. 25,000/-
Medical Expenses Rs. 3,82,691/-
Future Medical Expenses Rs. 50,000/-
Total Rs.13,12,131/-
Rounded off to Rs.13,12,200/-
4. The injuries suffered by the 1st respondent/claimant is as under:-
(i) Post traumatic sequalae of right lower limb and right
upper limb due to fracture shaft of humerus
(ii) Segmental supracondylar fracture.
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C.M.A.No.1640 of 2020
5. Due to the accident, 1st respondent/claimant was admitted as an
inpatient between 24.10.2012 to 08.12.2012 and was thereafter
recuperating between 09.12.2012 to 08.01.2013 and thereafter underwent
physiotherapy between 09.01.2013 to 11.01.2013.
6. In this appeal, the appellant/Insurance Company has questioned
the quantum of compensation awarded by the Tribunal towards loss of
earning power based on C-1 without appreciating the fact that partial
permanent disability is different from loss of earning capacity.
7. It is submitted that the impugned Judgment and decree is
contrary to the decision of the Hon'ble Supreme Court in Raj Kumar Vs
Ajay Kumar and another, (2011) 1 SCC 343. It is further submitted
that the Tribunal has also awarded higher amount towards disability and
other conventional heads.
8. Heard the learned counsel for the appellant. I have perused the
impugned Judgment and decree and the exhibits which were marked
before the Tribunal and the deposition of the witnesses.
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C.M.A.No.1640 of 2020
9. The Tribunal has not considered the functional disability and
straight away applied 70% for awarding amount towards disability.
Though the method of quantification of compensation is not correct, the
over all compensation awarded by the Tribunal appears to be reasonable
in the facts and circumstances of the case. Therefore, I do find any
merits in the present appeal.
10. In the light of the above, the impugned Judgment and decree
passed by the Tribunal is confirmed and the appeal filed by the
appellant/Insurance Company is dismissed.
11. 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.
12. On such deposit being made by the appellant/Insurance
Company, the 1st respondent/claimant is permitted to withdraw the same
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C.M.A.No.1640 of 2020
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.
30.04.2021
arb
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
To:
1. The Motor Accidents Claims Tribunal,
Special Sub Court No.2, Chennai.
2. The Section Officer,
Vernacular Section,
Madras High Court.
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C.M.A.No.1640 of 2020
C.SARAVANAN, J.
arb
C.M.A.No.1640 of 2020
and
C.M.P.No.12074 of 2020
30.04.2021
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Page No 6 of 6
