M/S. Bharathi Axa General ... vs A.Senthil Kumar
2021 Latest Caselaw 23055 Mad

                                                                            CMA No.3286 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 25.11.2021

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                                CMA No.3286 of 2021
                                              and CMP No.18662 of 2021

                     M/s. Bharathi Axa General Insurance Co. Ltd.,
                     No.162, 2nd floor,
                     Metro Plaza, Club House Road,
                     Anna Salai, Chennai – 600 002.                         ... Appellant

                                                           Vs

                     1. A.Senthil Kumar
                     2. R.Ravi
                     3. D.Arumugam
                     (2nd and 3rd respondents / 1st and 2nd respondents
                     in main O.P. remained exparte in lower Court,
                     notice may be dispensed with)                          ... Respondents


                     Prayer: This Civil Miscellaneous Appeal filed under Section 173 of the

                     Motor Vehicles Act, 1988, against the Judgment and Decree dated

                     30.01.2019 passed in M.C.O.P. No.4782 of 2013 on the file of the Motor

                     Accidents Claims Tribunal cum learned Special Sub Court No.2, Small

                     Causes Court, Chennai.


                     1/6


https://www.mhc.tn.gov.in/judis
                                                                                     CMA No.3286 of 2021

                                            For Appellant         : Mr.K.Poomalai

                                            For Respondent        : Mr.S.Sankaralingam
                                                                    for Caveator


                                                     JUDGMENT

The Insurance Company is on appeal, challenging the quantum of

compensation awarded. The victim / 1st respondent suffered the following

injuries in the accident:

''Fracture transverse process of C1 right side B/1 multiple rib fracture. Fracture post wall of left acetabulum Fracture spinal process of L5 Fracture transverse process L3/B/L hemopneumothorax Pneumonia with respiratory failure with ards''

2. Though the Medical Board assessed the disability at 15%,

considering the nature of injuries and consequences of the injuries of the

petitioner, the Tribunal adopted the multiplier method and awarded a sum of

Rs.4,28,400/- towards loss of earning capacity. The Tribunal awarded

compensation on other heads as follows:

https://www.mhc.tn.gov.in/judis CMA No.3286 of 2021

S.No. Heads Amount Rs.

                                   1 Loss of Earning Capacity                              4,28,400
                                   2 Compensation for Disability                             45,000
                                   3 Pain and Sufferings                                     75,000
                                   4 Loss of Income                                          51,000
                                   5 Transport to hospital                                    5,000
                                   6 Extra nourishment                                       25,000
                                   7 Damage to clothing                                       5,000
                                   8 Medical Attendants                                      50,000
                                   9 Loss of Amenities                                       50,000
                                  10 Medical expenses                                      7,62,200
                                                                    Total                14,96,600

Thus the total compensation awarded by the Tribunal worked out

to Rs.14,96,960/- The Insurance Company is on Appeal challenging the

quantum.

3. I have heard Mr.K.Poomalai, learned counsel appearing for the

Appellant.

https://www.mhc.tn.gov.in/judis CMA No.3286 of 2021

5. Mr.Poomalai, learned counsel appearing for the appellant

would contend that after applying the multiplier method, the Tribunal

granted a sum of Rs.4,28,400/- towards loss of earning capacity. The

Tribunal was not right in granting a sum of Rs.45,000/- toward disability.

Therefore, according to the learned counsel, the award is on the higher side.

6. I have considered the submissions of the learned counsel.

7. The nature of injuries would show that they are very serious

and they will have long lasting effect in the life of the victim. Therefore,

even though the grant of compensation for disability and loss of income

could be said to be slightly on the higher side, looking at the overall

compensation awarded, I don't think it could be termed to be on higher side

so as to warrant interference at the hands of the Court. However, the

compensation awarded in other heads, particularly on the head of pain and

suffering and loss of amenities, considering the fact that the injuries are in

the Spinal Cord, appear to be a very low. I, therefore do not see any reason

to interfere with the award of the Tribunal. The Civil Miscellaneous Appeal

https://www.mhc.tn.gov.in/judis CMA No.3286 of 2021

fails and it is accordingly dismissed. No Costs. Consequently, the

connected Civil Miscellaneous Petition is closed.

25.11.2021

vum Index: Yes/No Speaking order / Non speaking order

To

1. The Motor Accidents Claims Tribunal cum Special Sub Court No.2, Small Causes Court, Chennai.

2. The Section Officer, VR Section, Madras High Court, Chennai.

https://www.mhc.tn.gov.in/judis CMA No.3286 of 2021

R.SUBRAMANIAN, J.

vum

CMA No.3286 of 2021 and CMP No.18662 of 2021

25.11.2021

https://www.mhc.tn.gov.in/judis