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 V.SIVAGNANAM
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 V.SIVAGNANAM, 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.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 in the claim petition insured with the appellant
insurance company, 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. Alleging that the accident had
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.55 and 1027 of 2021
taken place due to the rash and negligent driving of the driver of the Hyundai car,
the claimant laid a petition, claiming compensation of Rs.75,00,000/-.
3.Resisting the claim, the Insurance Company filed their counter disputing
the nature of injuries, period of treatment, medical expenses and alleged disability
and its liability to pay the compensation. It was also contended that 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.
5.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/- to the claimant under the following heads:-
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/-
6.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, CMA No.1027 of
2021 has been filed by the Insurance Company on the ground that the award
amount is on the higher side.
7.These appeals have been filed only challenging the quantum, hence, the
other issues need not be dealt with herein.
8.The learned counsel appearing for the Insurance Company has contended
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C.M.A.Nos.55 and 1027 of 2021
that the award is on the higher side and it requires reduction and the learned
counsel appearing for the claimant would submit that the award is very meager and
it has to be enhanced.
9.A perusal of the records would show that the Tribunal, considering the
evidence of P.W.2 and P.W.3 and considering the age of the claimant and date of
accident, has fixed the monthly income and adopting correct multiplier by following
the decision in Sarala Verma and others vs. Delhi Transport Corporation and
another reported in 2009 TN MAC 1, awarded a just and reasonable
compensation. Further, the quantum of compensation under remaining heads fixed
by the Tribunal are reasonable. We find no reason to interfere with the conclusion
reached by the Tribunal. Both the appeals have not merit.
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
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C.M.A.Nos.55 and 1027 of 2021
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.] [V.S.G.,J.]
10.12.2021
skn
Intex : Yes/No
Internet : Yes/No
To
1.The Motor Accident Claims Tribunal,
Principal District Judge, Perambalur.
2.V.R.Section,
Madras High Court,
Chennai.
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.55 and 1027 of 2021
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
