Madras High Court
Reliance General Insurance Co. ... vs Mohammed Ramsi on 7 July, 2021
C.M.A. Nos.1533 and 954 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 07.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A. Nos.1533 and 954 of 2021
and CMP.No.8050 of 2021
In CMA.No.1533 of 2021
Reliance General Insurance Co. Ltd.,
Reliance House, 6th Floor,
Nungambakkam, Chennai 600 006. Appellant
Versus
1. Mohammed Ramsi
2. M.Subramani .. Respondents
In CMA.No.954 of 2021
Mohammed Ramsi Appellant
vs.
1. M.Subramani
2. Reliance General Insurance Co. Ltd.,
Reliance House, 6th Floor,
Nungambakkam, Chennai 600 006. Respondents
COMMON PRAYER: Civil Miscellaneous Appeals filed under Section 173
of Motor Vehicles Act, 1988 against the judgment and decree dated
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C.M.A. Nos.1533 and 954 of 2021
25.01.2021 made in MCOP.No.334 of 2017 on the file of Special Sub Court
No.I, Motor Accident Claims Tribunal/Small Causes Court, Chennai.
In CMA.No.1533 of 2021
For appellant : Mr.K.Vinod
For respondents
for R1 : Mr.R.Nalliyappan
In CMA.No.954 of 2021
For appellant : Mr.R.Nalliyappan
For respondents
for R2 : Mr.K.Vinod
COMMON JUDGMENT
The appeal is heard through video conferencing.
2. Challenging the quantum of compensation awarded by the Special
Sub Court No.I, Motor Accident Claims Tribunal/Small Causes Court,
Chennai in MCOP.No.334 of 2017, the appeal in CMA.No.1533 of 2021 has
been filed by the Insurance Company.
3. Not being satisfied with the quantum of compensation awarded by the
Motor Accident Claims Tribunal/Special Sub Judge No.I, Salem, in
MCOP.No.334 of 2017, the appeal in CMA.No.954 of 2021 has been filed by
the claimant for enhancement of the compensation amount.
https://www.mhc.tn.gov.in/judis/
C.M.A. Nos.1533 and 954 of 2021
4. For the sake of convenience, the parties are referred to as per their
ranking before the Tribunal.
5. It is the case of the claimant that, on 21.12.2016 at 22.30 hours, while
he was riding a Motorcycle bearing Registration No.TN-72-AW-7200 at
Guindy-Kathipara over-bridge towards Koyambedu, a Bus bearing
Registration No.TN-45-AT-8733 came from behind in a rash and negligent
manner and dashed against the Motorcycle. Due to the impact, the claimant
sustained grievous injuries.
6. It is the further case of the claimant that he was doing dry cleaning
business and earning Rs.20,000/- per month. Due to the accident, he suffered
severe injuries. Hence, he made a claim for a sum of Rs.74,00,000/- as
compensation for the injuries sustained by him.
7. The learned counsel for the first respondent submitted that he sold the
said Bus bearing Registration No.TN-45-AT-8733, which caused the accident,
to one Mehendran on 11.08.2016 itself, in turn, he had given delivery note in
his favour and the same was intimated to the Transport Commissioner,
Chennai. He was wrongly arrayed as a respondent in the claim petition and
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C.M.A. Nos.1533 and 954 of 2021
hence, he may be relieved from this case. Thus, he sought to dismiss the claim
against the first respondent.
8. The said claim petition was resisted by the Insurance Company by
filing a counter statement denying the manner of accident as projected by the
claimant. They also denied the age, occupation and avocation of the claimant
as stated in the claim petition. Thus, they sought for dismissal of the claim
petition.
9. In order to prove the claim on the side of the claimant, the claimant
examined himself as PW1 and marked Exs.P1 to P9. On the side of the
respondents, neither any oral evidence was adduced nor any document was
marked.
10. The Tribunal, after analysing the entire evidence, came to the
conclusion that the accident had occurred due to the rash and negligent driving
of the driver of the Bus bearing Registration No.TN-45-AT-8733. By coming
to such conclusion, the Tribunal passed an award for a sum of Rs.15,10,500/-
as compensation and directed the second respondent/Insurance Company to
pay the above compensation. The break-up details of the amounts awarded by
the Tribunal in various heads are as follows:
https://www.mhc.tn.gov.in/judis/
C.M.A. Nos.1533 and 954 of 2021
S.No. Heads under which amounts are awarded Amount in Rs.
1. Pecuniary Loss 12,48,000
2. Pain and Sufferings 40,000
3. Transportation 5,000
4. Medical Expenses 1,39,000
5. Extra Nourishment 20,000
6. Attender Charges 8,500
7. Loss of Future Prospects 50,000
Total 15,10,500
11. It is the submission of the learned counsel for the claimant that due
to the accident, the claimant suffered crush on the light lower limb with
compound fracture, which resulted in guillotine amputation of right leg below
knee and thus, he suffered 100% functional disability. Under such
circumstances, the Tribunal ought to have fixed the disability of the claimant
at 100%, instead of fixing the disability at 80%. Further, the claimant was
drawing Rs.20,000/- as monthly income, but the Court below fixed only a
meagre amount of Rs.10,000/- as notional monthly income, which is not
sustainable. Further, the amounts awarded by the Tribunal under all the other
heads are very meagre, which needs proper enhancement.
12. Per contra, it is the submission of the learned counsel for the
Insurance Company that the Tribunal went wrong in holding that the claimant
suffered disability at 80% merely based on the Disability Certificate issued by
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C.M.A. Nos.1533 and 954 of 2021
the Government Hospital. Further, the claimant did not prove his avocation
and also failed to prove that he was not able to continue any avocation after
the accident. Hence, the disability of the claimant may be fixed at 60%.
13. Heard both sides and perused the materials available on record.
14. As a consequence of the accident, on the right leg below knee
guillotine amputation was done to the claimant. Considering the avocation of
the claimant and the amputation of the right leg below knee, it is appropriate to
fix the percentage of disability at 60%. However, this Court finds that no error
on the part of the Tribunal in fixing Rs.10,000/- as monthly income of the
claimant. Then, the “Pecuniary Loss” to the claimant would come to
Rs.9,36,000/- [10,000 x 12 x 13 x 60/100]. Thus, the sum of Rs.12,48,000/-
awarded by the claimant under the head “Pecuniary Loss” is set aside, instead
a sum of Rs.9,36,000/- is awarded under such head.
15. Considering the injuries suffered and the treatment under gone by
the claimant, this Court is of the view that the sum of Rs.40,000/- awarded by
the Tribunal under the head “Pain and Sufferings” is very meagre and hence,
the same is hereby enhanced to Rs.1,00,000/-.
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C.M.A. Nos.1533 and 954 of 2021
16. Considering the long duration of treatment undergone by the
claimant, a sum of Rs.15,000/- is awarded under the head “Transportation”
instead of Rs.5,000/-.
17. Considering the surgery undergone by the petitioner, a sum of
Rs.40,000/- is awarded under the head “Extra Nourishment”, instead of
Rs.20,000/-. Similarly, a sum of Rs.20,000/- is awarded under the head
“Attender Charges”, instead of Rs.8,500/-.
18. The amounts awarded by the Tribunal under all the other heads are
just and fair and hence, they are confirmed. Thus, the total compensation
payable to the claimant is re-calculated and tabulated below:
S. Heads under which Amounts awarded by Amounts awarded by
No. amounts are awarded the Tribunal in Rs. this Court in Rs.
1. Pecuniary Loss 12,48,000 9,36,000
2. Pain and Sufferings 40,000 1,00,000
3. Transportation 5,000 15,000
4. Medical Expenses 1,39,000 1,39,000
5. Extra Nourishment 20,000 40,000
6. Attender Charges 8,500 20,000
7. Loss of Future Prospects 50,000 50,000
Total 15,10,500 13,00,000
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C.M.A. Nos.1533 and 954 of 2021
19. Thus, the total compensation of Rs.15,10,500/- awarded by the
Tribunal is hereby reduced to Rs.13,00,000/- (Rupees thirteen lakhs only),
which shall carry interest at 7.5% from the date of claim petition till the date of
payment. The Insurance Company is directed to deposit the total compensation
awarded by this Court before the Tribunal, after adjusting the amount if any
already deposited, within a period of six weeks from the date of receipt of a
copy of this judgment. On such deposit, the claimant is permitted to withdraw
the entire amount in accordance with law before the Tribunal.
20. With the above observations and directions, CMA.No.1533 of 2021
is partly allowed and CMA.No.954 of 2021 is dismissed. No costs.
Consequently, connected petition is closed.
07.07.2021
Speaking Order : Yes / No
Index : Yes / No
pvs
To
1. The Special Sub Judge No.I, Salem/
The Motor Accident Claims Tribunal
2. The Section Officer,
V.R.Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A. Nos.1533 and 954 of 2021
S.KANNAMMAL, J.
pvs
C.M.A. Nos.1533 and 954 of 2021
07.07.2021
https://www.mhc.tn.gov.in/judis/
