Madras High Court
Hdfc Ergo General Insurance Co Ltd vs A. Shanmugam Sundaram on 10 August, 2021
C.M.A.No.2169 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2021
CORAM
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
C.M.A.No.2169 of 2021 and
C.M.P.No.12026 of 2021
HDFC Ergo General Insurance Co Ltd.,
3rd Floor, Thiripura Arcade,
No.75A,Trivandrum High Road,
Palayamkottai,Tirunelveli – 627 002,
and at 4th Floor, 70, Raja Narayanan Towers,
Race Course Road, Gopalapuram,
Coimbatore. ... Appellant
...Vs...
1. A. Shanmugam Sundaram
2. V.Jegatheeswaran
3. S. Maharaja ...Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the judgment and decree dated 30.01.2020 made
in M.C.O.P.No.1460 of 2016 on the file of the Motor accident Claims
Tribunal, Special Subordinate Judge Court, Coimbatore.
Page No.1 of 10
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C.M.A.No.2169 of 2021
For Appellant : Mr.Somasundaar. N.
For Respondents : Mr.C. Veeraraghavan
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the award
dated 30.01.2020 made in M.C.O.P.No.1460 of 2016 on the file of the
Motor Accidents Claims Tribunal, Special Subordinate Judge Court,
Coimbatore.
2.The Appellant herein is the Third Respondent in M.C.O.P.No.1460
of 2016 on the file of the Motor Accidents Claims Tribunal (Special
Subordinate Judge Court), Coimbatore. The First Respondent filed the
above said claim petition claiming a sum of Rs.15,00,000/- as compensation
for the injuries sustained by him in an accident that took place on
10.09.2016.
3.According to First Respondent, on 10.09.2016 about 9.45 P.M.,
while he was riding the motorcycle bearing Registration No.TN 38 AR 2709
on the Thanner Pandhal Road, near Noyyal department store from South to
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C.M.A.No.2169 of 2021
North and turned towards east, at that time the motor cycle bearing
Registration No.TN 69 AD 8203 driven by the second respondent, which
was insured with the Appellant Insurance Company came in the opposite
direction in a rash and negligent manner and dashed against the First
Respondent/Claimant and thereby caused the accident. In the said
accident, the First respondent sustained multiple grievous injuries.
Immediately after the accident, he was taken to the Kovai Medical Centre
and Hospital, Coimbatore and admitted as inpatient from 10.09.2016 to
15.09.2016. Therefore, the First Respondent filed the said claim petition
claiming a sum of Rs.15,00,000/- as compensation for the injuries sustained
by him.
4.The Tribunal, considering the pleadings, oral and documentary
evidence, held that the accident occurred only due to rash and negligent
driving by the rider of the motor cycle bearing Registration No.TN 69 AD
8203 driven by the Second Respondent and directed the Appellant
Insurance Company as well as the Third Respondent to pay a sum of
Rs.9,60,000/- as compensation to the respondent.
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C.M.A.No.2169 of 2021
5.Questioning the quantum of compensation awarded by the Tribunal
in the award dated 30.01.2020 made in M.C.O.P.No.1460 of 2016, the
Appellant-Insurance Company has come out with the present Appeal.
6.The learned counsel appearing for the Appellant contended that the
Claims Tribunal is not correct in awarding a sum of Rs.5,000/- per
percentage of disability for the accident that occurred in the year 2016. He
further submitted that the Claims Tribunal, without oral and documentary
evidence has awarded a sum of Rs.2,80,000/- towards Loss of Income
which is on the higher side, as the income earned abroad cannot be the
criteria to arrive at such compensation under Loss of Income. He further
submitted that the Claims Tribunal has awarded a sum of Rs.2,00,000/-
towards Pain and suffering which is excessive, as per the Judgment of the
Hon'ble Supreme Court in the case of Raj Kumar Vs. Ajay Kumar reported
in 2010 (2) TANMAC 581. He further submitted that the Claims Tribunal
has awarded a sum of Rs.1,00,000/- towards Loss of Amenities and a sum of
Rs.10,000/- towards transportation to hospital in the absence of any claim
by the claimant to that extent. He further submitted that the total
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C.M.A.No.2169 of 2021
compensation awarded by the Tribunal is highly excessive and prayed for
setting aside the award passed by the Tribunal.
7.Heard the learned counsel appearing for the Appellant-Insurance
Company and perused the entire materials on record.
8.From the materials available on record, it is seen that it is the case
of the First Respondent that in the accident he sustained grievous injuries
and as per Ex.C1/disability certificate issued by Chief Civil Surgeon of
CMC Hospital, Coimbatore, wherein the disability suffered by the First
Respondent/Claimant was fixed at 30% and considering the same, the
Tribunal has fixed 30% disability, which is not excessive. Considering the
age and avocation of the claimant and nature of injuries and period of
treatment undergone by the claimant, the Claims Tribunal has fixed a sum
of Rs.5,000/- per percentage of disability which cannot be said to be
excessive.
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C.M.A.No.2169 of 2021
9. At the time of accident, the First respondent was working as a
Lecturer in Mechancial Engineering Debre Tabor University, Ethiopia
earning a sum of Rs.1,40,000/- per month. The Tribunal on considering
Ex.P19- Letter of appointment and also considering the evidence of P.W.1
has fixed a sum of Rs.1,40,000/- per month as notional income of the First
Respondent and as the claimant was taking treatment as inpatient from
11.09.2016 to 2016 to 15.09.2016, 20.09.2016 to 22.09.2016 and
22.02.2017 to 23.02.2017, as per Exs.P9,P10 & P11, the Tribunal awarded
a sum of Rs. 2,80,000/- for Loss of Income for two months which, in the
considered opinion of this Court are on the higher side, as rightly contended
by the learned counsel for the Appellant-Insurance Company on account of
the reason that a Lecturer in India would normally earn a sum of Rs.70,000/-
per month. Therefore, the compensation awarded towards Loss of Income
for two months is reduced to Rs.1,40,000/-.
10. In so far as the compensation awarded towards Pain and
Suffering, this Court by considering the Judgment of the Hon'ble Supreme
Court in the case of Raj Kumar Vs. Ajay Kumar reported in (2011) 1 SCC
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C.M.A.No.2169 of 2021
343, is of the view that the compensation awarded towards Pain and
Suffering is on the higher side and hence the same is reduced to
Rs.1,50,000/-. Further, Loss of amenties awarded by the Tribunal is also
found to be excessive to the extent claimed by the claimant and therefore
the same is reduced to Rs.15,000/-
12. The amounts awarded by the Tribunal under other heads are just
and reasonable and hence, the same are hereby confirmed. Thus, the
compensation awarded by the Tribunal is modified as follows:
S. Description Amount Amount Award
No awarded by awarded by this confirmed or
Tribunal Court enhanced or
(Rs) (Rs) granted
1. Compensation for 1,50,000/- 1,50,000/- Confirmed
grievous injuries
2. Loss of income 2,80,000/- 1,40,000/- Reduced
3. Medical Bills 1,84,238/- 1,84,238/- Confirmed
4. Pain and Suffering 2,00,000/- 1,50,000/- Reduced
5. Loss of Amenities 1,00,000/- 15,000/- Reduced
6. Loss of 20,000/- 20,000/- Confirmed
cancellation of
flight ticket
7. Transportation to 10,000/- 10,000/- Confirmed
Hospital
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C.M.A.No.2169 of 2021
S. Description Amount Amount Award
No awarded by awarded by this confirmed or
Tribunal Court enhanced or
(Rs) (Rs) granted
8. Extra Nourishment 10,000/- 10,000/- Confirmed
9. Damage to 5,000/- 5,000/- Confirmed
Clothing
Total Rs.9,59,238/- Rs.6,84,238/- Reduced to
rounded off to rounded off to Rs.6,85,000/-
Rs.9,60,000/- Rs.6,85,000/-
9.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.9,60,000/- is hereby
reduced to Rs.6,85,000/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of realization. The Appellant -
Insurance Company as well as Third Respondent are directed to deposit the
award amount now determined by this Court, along with interest and costs,
less the amount already deposited, if any, within a period of eight weeks
from the date of receipt of a copy of this judgment to the credit of
M.C.O.P.No.1460 of 2016 on the file of the Motor Accident Claims
Tribunal, Special Subordinate Judge Court, Coimbatore. On such deposit,
the Tribunal is directed to transfer the Award amount directly to the Bank
account of the First Respondent/Claimant through RTGS, within a period of
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C.M.A.No.2169 of 2021
two weeks. No costs. Consequently, connected Miscellaneous Petition is
closed.
10.08.2021
Index : Yes / No
Speaking Order : Yes / No
arr
To:
1. The Motor Accident Claims Tribunal,
Special Subordinate Judge Court, Coimbatore.
2.The Section Officer,
V.R. Section,
High Court of Madras,
Chennai 600 104.
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C.M.A.No.2169 of 2021
S.VAIDYANATHAN,J.
arr/ar
C.M.A.No.2169 of 2021
10.08.2021
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