Madras High Court
M/S.Cholamandalam Ms General ... vs Subramanian on 19 April, 2021
C.M.A.No.3462 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.04.2021
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
C.M.A.No.3462 of 2013
and
M.P.No.1 of 2013
M/s.Cholamandalam MS General Ins.Co.Ltd.,
Dare House, 2nd Floor,
N.S.C. Bose Road,
Chennai – 600 001. ... Appellant
Vs.
1. Subramanian
2. Shanthi
[2nd Respondent ex-parte in Lower Court] ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree in M.C.O.P.No.166 of
2010, dated 15.11.2011 on the file of the Motor Accidents Claims Tribunal,
Principal Subordinate Court, Tindivanam.
For Appellant : M/s.Harini for
Mr.N.Vijayaraghavan
For Respondents : Mr.T.Dhanyakumar (for R1)
: Ex-parte (for R2)
1/7
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C.M.A.No.3462 of 2013
JUDGMENT
This Civil Miscellaneous Appeal is directed as against the judgement
and decree passed in M.C.O.P.No.166 of 2010, dated 15.11.2011 on the file
of the Motor Accidents Claims Tribunal, Principal Subordinate Court,
Tindivanam.
2. For the sake of convenience, the parties are referred to hereunder
according to their litigative status before the Tribunal.
3. The case of the claimant is that on 07.01.2010, when he was
travelling in his two wheeler viz., TVS-50 along with his grand daughters,
the driver of the second respondent's vehicle had driven the vehicle in a rash
and negligent manner and dashed against the claimant. Due to which, his
grand daughter sustained grievous injuries and died on the spot. He
sustained multiple injuries all over the body such as head injury, sub dural
heamatoma, anterior dislocation of right shoulder with fracture, fracture left
clavicle, fracture left femur and medial fibula and multiple injuries all over
the body. Immediately, he was taken to JIPMER Hospital, Puducherry
where he was treated as inpatient till 02.02.2010. He undergone various
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C.M.A.No.3462 of 2013
surgeries and thereafter, he was taken to Appasamy Hospital, Chennai and
admitted on 06.02.2010 till 20.02.2010 and undergone various surgeries.
Due to the injury sustained by him, he incurred huge expenses and also he
was bedridden. He being agriculturist, he could not able to sit and stand or
walk. Hence, the claimant filed a claim petition for compensation.
4. Resisting the same, the second respondent filed a counter and
stated that only due to rash and negligent driving of the claimant, the
accident took place and as such, the second respondent is not at all liable to
pay any compensation as claimed by the claimant.
5. On the side of the claimant P.W.1 to P.W.3 were examined and
marked Exs.P.1 to P.17. On the side the respondents no one was examined
and no exhibits were marked.
6. On consideration of oral and documentary evidence, the Tribunal
has awarded a compensation at Rs.9,04,966/- payable by the second
respondent. Aggrieved by the same, the second respondent preferred the
present Civil Miscellaneous Appeal.
7. The learned counsel for the appellant/Insurance Company
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C.M.A.No.3462 of 2013
submitted that though the Doctor who assessed the claimant and gave
disability certificate at 84%, there is no functional disability suffered by the
claimant. The claimant being an agriculturist, is doing his regular work and
as such, the Tribunal ought not to have awarded very huge compensation,
that too for partial disability. The Tribunal ought not to have adopted the
multiplier method, when the claimant sustained partial disability.
8. Per contra, the learned counsel for the first respondent/claimant
submitted that though the claimant being an agriculturist, he sustained
multiple fracture all over the body. The Doctor who examined as P.W.3
assessed 84% of permanent disability. It is functional disability and he
could not even walk sit or stand and as such, the Tribunal rightly awarded
the compensation and prayer for the dismissal of the appeal.
9. Heard the learned counsel for the appellant/Insurance Company as
well as the learned counsel for the first respondent/claimant.
10. The claimant along with his grand daughters were travelling in his
Two Wheeler on 07.01.2010. At that time, the second respondent's driver
had driven the vehicle in a rash and negligent manner and dashed against
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C.M.A.No.3462 of 2013
the claimant's vehicle. Due to which the claimant's grand daughter sustained
grievous injuries and died on the spot. Insofar as the claimant, he sustained
multiple fracture on all over the body as follows:-
“Head injury, sub dural heamatoma, anterior
dislocation of right shoulder with fracture, fracture left
clavicle, fracture left femur and medial fibula and multiple
injuries all over the body.”
11. The claimant was admitted to the JIPMER Hospital, Puducherry
where he had taken treatment as inpatient from 07.01.2010 to 02.02.2010
and thereafter, from 06.02.2010 to 20.02.2010, he had taken treatment as
inpatient at Appasamy Hospital, Arumbakkam, Chennai. He produced
medical bills which were marked as Ex.P.5 to Ex.P.8. He being an
agriculturist his hands and legs are very important to do the agricultural
work. Admittedly, he sustained fracture on his right shoulder and fracture
on his hip and right leg.
12. On a perusal of the deposition of P.W.3, it reveals that he suffered
functional disability to the tune of 84%. Therefore, the Tribunal rightly
adopted the multiplier method and accordingly awarded the compensation.
Therefore, this Court finds no merits in this Appeal and it is liable to be
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C.M.A.No.3462 of 2013
dismissed.
G.K.ILANTHIRAIYAN,J.
Kv
13. Accordingly, this Civil Miscellaneous Appeal is dismissed.
Consequently, the connected Miscellaneous Petition is dismissed. No costs.
19.04.2021
Speaking/Non-speaking order
Index : Yes/No
Internet : Yes/No
kv
To
1. Motor Accidents Claims Tribunal,
The Principal Subordinate Judge, Tindivanam.
2. The Section Officer,
V.R. Section, High Court of Madras.
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C.M.A.No.3462 of 2013
C.M.A.No.3462 of 2013
https://www.mhc.tn.gov.in/judis/
