Madras High Court
Mohandoss vs Chandrashekar Jalihal on 10 December, 2021
C.M.A.Nos.55 and 1027 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
C.M.A.Nos.55 and 1027 of 2021
and
C.M.P.No.5553 of 2021
C.M.A.No.55 of 2021
Mohandoss ... Appellant
Vs.
1.Chandrashekar Jalihal
2.M/s Reliance General Insurance Company Ltd.,
No.15A, P.L.A. Kanagu Towers,
11st Cross, Thillai Nagar,
Trichy – 18.
... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 against the Judgment and Decree dated 07.02.2020 made in
MCOP No.239 of 2016 on the file of the Motor Accidents Claims Tribunal,
Principal District Judge, Perambalur.
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.55 and 1027 of 2021
For Appellant : Mr.T.Gobinath
For Respondents : Ms.C.Bhuvanasundari (for R2)
C.M.A.No.55 of 2021
The Branch Manager
Reliance General Ins. Co. Ltd.,
15A, PLA Kanagu Towers,
11th Cross, Thillai Nagar,
Trichy – 18. ... Appellant
Vs.
1.Mohandoss
2.Chandrashehar Jalihal
... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 against the Judgment and Decree dated 07.02.2020 made in
MCOP No.239 of 2016 on the file of the Motor Accidents Claims Tribunal,
Principal District Judge, Perambalur.
For Appellant : Ms.C.Bhuvanasundari
For Respondents : Mr.T.Gobinath (for R1)
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.55 and 1027 of 2021
COMMON JUDGMENT
[Common Judgment of the Court was delivered by
K.KALYANASUNDARAM, J.]
Challenge in C.M.A.No.1027 of 2021 filed by the Insurance Company is to
the award passed by the Motor Accidents Claims Tribunal, Principal District
Judge, Perambalur in MCOP No.239 of 2016. Dissatisfied with the quantum, the
claimant has come up with the another appeal CMA No.55 of 2021 for
enhancement of compensation.
2.Brief facts of the case would run thus:-
This is the case of injury. The case of the claimant is that on 25.10.2015 at
09.00 p.m, he was riding his Royal Enfield two wheeler on Trichy – Chennai NH
Road near Y Road Junction, Thiruvanaikovil from south towards north at the left
extreme side. At that time, a Hyundai car bearing Reg.No.KA-01-MK-5456
belonging to the first respondent insured with the appellant insurance company,
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.55 and 1027 of 2021
came from the same direction driven by its driver in a rash and negligent manner
and dashed against the claimant's vehicle. In the impact, the claimant sustained
multiple injuries all over the body. It is alleged that the accident had taken place
due to the rash and negligent driving of the driver of the Hyundai car, hence, its
owner and insurer are liable to pay compensation of Rs.75,00,000/-.
3.Resisting the claim, the Insurance Company filed counter disputing the
nature of injuries, period of treatment, medical expenses and alleged disability
and its liability to pay the compensation. According to the insurer, the claim is
excessive and exorbitant.
4.To substantiate the case, on the side of the claimant, P.Ws.1 to 3 were
examined and Exs.P1 to Ex.P.21, Ex.C1 and Ex.X1 to Ex.X7 were marked. On
the side of the Insurance Company, no witness was examined and no document
was marked. The Tribunal, after considering the oral and documentary evidence,
held that the driver of the Car was responsible for the accident and awarded
compensation of Rs.24,26,600/-.
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.55 and 1027 of 2021
5.Challenging the said award, while CMA.No.55 of 2021 has been filed by
the claimant on the ground that the award amount is meager, the Insurance
Company in CMA No.1027 of 2021 challenges the award contending that it is on
the higher side.
6.These appeals have been filed only challenging the quantum, hence, the
other issues need not be dealt with herein.
7.The learned counsel appearing for the Insurance Company urged that the
award is on the higher side and the learned counsel appearing for the claimant
argued that the award is very meager and it has to be enhanced.
8. The amount awarded by the Tribunal is extracted hereunder:-
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.55 and 1027 of 2021
Heads Rs.
Loss of earning capacity 20,28,000/-
20000x12x13x65/100
Extra Nourishment 10,000/-
Pain and Suffering 50,000/-
Medical Expenses (Exs.P.8 and P.9) 1,27,800/-
Purchase and fitment of TT Prosthesis 2,00,800/-
Loss of Amenities 10,000/-
Total 24,26,600/-
9. The claimant deposed that he is doing tinkering works in the name of
"Sri Maheswari Tinkering works" at Thiruvanaikovil and he earns Rs.30,000/- per
month. In support of his evidence, he marked Exs.P12 to P19 Income Tax Returns
for the assessment years 2011- 12 to 2015-16 and also examined PWs' 2 and 3.
On the basis of the evidence, the Tribunal has fixed the monthly income as
Rs.20,000/-. Immediately after the accident, the claimant was carried to Atlas
Hospital, Trichy and he took treatment as an inpatient from 25.10.2015 to
31.10.2015 and 08.12.2015 to 18.12.2015. Exs.P2 to P6 are the discharge
summary and other case records. Ex.P7 disability certificate issued by the
Assistant Surgeon, Government Hospital, Srirangam and Ex.C1 Disability
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.55 and 1027 of 2021
Certificate issued by the Medical Board, Perambalur to show that the injured
sustained 65% disability. Hence, the Tribunal by applying multiplier '13' assessed
the loss of earning capacity and awarded total compensation of Rs.24,26,600/- as
aforementioned along with interest at the rate of 7.5% per annum from the date of
filing of the claim petition till the date of realization. Considering the facts and
circumstances of the case, in our considered view, the award is reasonable.
10.For the foregoing reasons, these Civil Miscellaneous Appeal fail and the
same are dismissed. The Insurance Company is directed to deposit the entire
award amount with accrued interest and costs, less the amount already deposited,
if any, within a period of six weeks from the date of receipt of a copy of this
order. On such deposit, the claimant is permitted to withdraw the award amount
less the amount already withdrawn, if any, together with proportionate interest
and costs. No costs. Consequently, connected miscellaneous petition is closed.
[M.K.K.S.,J.] [P.D.A.,J.]
10.12.2021
skn
Intex : Yes/No
Internet : Yes/No
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.55 and 1027 of 2021
To
1.The Motor Accident Claims Tribunal,
Principal District Judge, Perambalur.
2.V.R.Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.55 and 1027 of 2021
K.KALYANASUNDARAM, J.
and
P.D.AUDIKESAVALU, J.
skn
COMMON JUDGMENT MADE IN
C.M.A.Nos.55 and 1027 of 2021
and
C.M.P.No.5553 of 2021
10.12.2021
https://www.mhc.tn.gov.in/judis
