Praveen vs R.Singaravelu
2022 Latest Caselaw 1178 Mad

Citation : 2022 Latest Caselaw 1178 Mad
Judgement Date : 25 January, 2022

Madras High Court

Praveen vs R.Singaravelu on 25 January, 2022

                                                                                     CMA.No.65/2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 25.01.2022

                                                      CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                                  CMA.No.65/2022

                                         (Heard through Video Conferencing)

                     Praveen                                                         ... Appellant

                                                          Vs
                     1.R.Singaravelu
                     2.Reliance General Insurance Co., Ltd.,
                       No.16, 6th Floor, Reliance house,
                       Haddows Road, Chennai – 600 006.                          ... Respondents


                     Prayer: The Civil Miscellaneous Appeal filed under Section 173(1) of Motor
                     Vehicles Act, 1988 to allow the appeal and enhance the compensation in
                     M.C.O.P. No.2076/2019 on the file of the Motor Accidents Claim Tribunal/
                     (In the III Court of Small Causes, Chennai dated 28/11/2019).


                                         For Petitioner        : Mr.Mira Aravindo Comar
                                                                 for Ramya V. Rao




                     1/5


https://www.mhc.tn.gov.in/judis
                                                                                          CMA.No.65/2022

                                                           JUDGMENT

(1) Terming the compensation awarded at Rs.1,84,157/- as meagre, the

claimant is on appeal.

(2) The claimant sought for Rs.10,00,000/- as compensation for the

injuries suffered by him in a motor accident that occurred on

16.03.2017. The same was resisted by the Insurance Company

contending that the accident did not occur in the manner suggested

by the claimant and the claimant himself contributed to the accident.

(3) Before the tribunal, the claimant examined himself as PW1 and

produced Exs.P1 to P13. The Disability Certificate issued by the

Medical Board of the Rajiv Gandhi Government General Hospital,

Chennai, was produced as Ex.C1. Relying upon the evidence offered

by the FIR and the Accident Register Copy and absence of any

evidence contrary to the same, the Tribunal held that the accident

has occurred due to the negligence of the rider of the Motor Cycle

bearing registration number TN-18-AE-9861 insured with the 2nd

respondent/Insurance Company.

https://www.mhc.tn.gov.in/judis CMA.No.65/2022

(4) The Tribunal also concluded that since there was a subsisting valid

contract of insurance, the Insurance Company would be liable to pay

the compensation. On the quantum, the Medical Board had opined

that there was no deformity or permanent disability. The Tribunal

also referred to the evidence of the claimant that since he was a

student at the time of accident, there was no financial loss. The

Tribunal however awarded the following amounts under various

heads as compensation:

                                    1.Pain and Sufferings                            Rs.20,000/-
                                    2.Transport Extra Nourishment expenses           Rs.20,000/-
                                    3.Towards tuition charges                        Rs.10,000/-
                                    4.Attender Charges                               Rs. 900/-
                                    5.Medical Expenses                               Rs.82,257/-
                                    6.Removal of implant expenses                    Rs.50,000/-
                                    7.Damages to Clothes                             Rs 1,000/-

                                            Total                          Rs.1,84,157/-
                     (5)          Mr.Mira Arabindo Comar, learned counsel appearing for the

appellant would contended that the Tribunal ought to have awarded

certain amount for disability. He would also fault the Tribunal for

awarding only a sum of Rs.20,000/- towards pain and suffering.

(6) I am unable to agree with the contention of the learned counsel for

https://www.mhc.tn.gov.in/judis CMA.No.65/2022

the appellant. The Medical Board has found that was no deformity

or permanent disability. Therefore, the question of awarding

compensation for disability does not arise. Taking into account the

nature of injuries suffered and the age of the claimant, the Tribunal

has awarded just compensation under various heads.

(7) Despite his best efforts, the learned counsel is unable to demonstrate

that the claimant would be entitled to something more than the