Madras High Court
The Branch Manager vs Suseela ...1St on 5 January, 2022
C.M.A.(MD)No.766 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.01.2022
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.766 of 2021
and
C.M.P(MD)No.7027 of 2021
The Branch Manager,
Cholamandalam M/S General Insurance
Company Ltd.,
I Floor, Meena Agencies Upstairs,
2661, South Street,
Thanjavur – 613 009. ...Appellant/2nd Respondent
Vs.
1.Suseela ...1st Respondent/Petitioner
2.Thiruchitrambalam ...2nd Respondent/1st Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, to set aside the judgment and decree passed in M.C.O.P.No.
1271 of 2019 on the file of the Motor Accident Claims Tribunal/Special
Subordinate Judge, Thanjavur, dated 05.04.2021.
For Appellant :Ms.K.R.Shivashankari
For R1 :Mr.P.Surliraja
For R2 :No Appearance
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.766 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the
judgment and decree passed in M.C.O.P.No.1271 of 2019 on the file of the
Motor Accident Claims Tribunal/Special Subordinate Judge, Thanjavur,
dated 05.04.2021.
2.It is a case of accident, which took place on 06.06.2019 at 02.30
p.m., while the petitioner was riding her two wheeler bearing Registration
No.TN-49-BQ-4909 near Tamilnadu lodge in a new bridge in Kallukulam –
Nanchikottai road from south to north, a car bearing Registration No.TN-63-
AL-6114, belonging to the first respondent came in a rash and negligent
manner in the opposite direction and dashed against the petitioner's two
wheeler. As the result of the accident, the petitioner sustained fracture on her
left leg and injuries all over her body. The petitioner was given medical
treatment in Thanjavur Medical College Hospital from 06.06.2019 to
24.06.2019. The TIW-Thanjavur police has registered the FIR in Cr.No.94 of
2019 under Sections 279 and 337 IPC against the driver of the car.
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C.M.A.(MD)No.766 of 2021
3.The claimant has filed the claim petition in M.C.O.P.No.1271 of
2019 on the file of the Motor Accidents Claims Tribunal/Special Subordinate
Judge, Thanjavur, seeking compensation of Rs.30,00,000/-.
4.Before the Tribunal, on the side of the claimant two witnesses were
examined as P.W.1 and P.W.2 and thirteen documents were marked as Exs.P.1
to P.13. On the side of the respondents, no one was examined and no
document was marked.
5.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments of the counsel for the claimant and the
respondent and also on appreciating the evidences on record, held that the
accident had occurred only, due to the rash and negligent driving of the
driver of the first respondent and directed the appellant herein to pay a sum
of Rs.3,79,404/- (90% of Rs.4,21,560/-) as compensation. Aggrieved over
the orders passed by the Tribunal, the appellant herein has filed the present
appeal under Section 173 of the Motor Vehicles Act, 1988.
6.Heard Ms.K.R.Shivashankari, learned counsel appearing for the
appellant and Mr.P.Surliraja, learned counsel appearing for the first
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.766 of 2021
respondent. No representation for the second respondent.
7.The learned counsel for the appellant contended that though there is
no functional disability, the Tribunal has wrongly adopted multiplier method
and awarded an amount of Rs.3,22,560/- towards loss of income due to the
disability. He further contended that the claimant has not produced any
document to prove his income, the Tribunal has fixed Rs.8,000/- as monthly
income, which is very high. Hence, the award passed by the Motor Accidents
Claims Tribunal is liable to be modified.
8.Per contra, the learned counsel appearing for the first
respondent/petitioner has contended that the petitioner has sustained injuries
and fracture in all over the body and suffered 15% of functional disability
and the Tribunal, after considering all the circumstances has rightly awarded
Rs.3,22,560/- towards disability and therefore, the award passed by the
Tribunal is perfectly correct and the same needs no interference.
9.The respondents/claimants has not filed any appeal against the award
passed by the Tribunal.
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C.M.A.(MD)No.766 of 2021
10. On perusal of the records, it shows that the claimant was admitted
in Thanjavur Medical College Hospital, and undertook treatment as inpatient
from 06.06.2019 to 24.06.2019 for injuries sustained by her. It is seen from
the discharge summary (Ex.P3) that she had suffered fracture on her left leg
and underwent an operation also. The Tribunal has fixed 10% liability on the
claimant, since she has no valid license. But without any document to prove
her income, the Tribunal has fixed as Rs.8,000/- as monthly income and also
added 40% towards future prospectus. As per evidence of Doctor (PW2) and
also disability certificate (Ex.P9), the claimant cannot do day-to-day work
and any coolie work, but she can do any other work. So, the future
prospectus cannot be added. Therefore, loss of income is arrived at
Rs.8,000/- x 12 x 15% x 16 = Rs.2,30,400/-. Without any evidence, the
Tribunal has fixed Rs.50,000/- it has to be reduced at Rs.20,000/-. Except the
above, all other terms of the award passed by the Tribunal is confirmed.
11.Accordingly, the claimant is entitled for compensation as follows:
S. Head Amount granted by this
Court
No.
1. Loss of income due to the disability Rs.2,30,400/-
2. Loss of income during treatment Rs. 9,500/-
3. Loss of amenities Rs. 20,000/-
4. Attendant charges Rs. 9,500/-
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C.M.A.(MD)No.766 of 2021
S. Head Amount granted by this
Court
No.
5. Pain and sufferings Rs. 25,000/-
6. Conveyance charge and special diet Rs. 5,000/-
Total Rs.2,99,400/-
with interest at 7.5% p.a., as awarded by the Tribunal, from the date of claim
petition till the date of realization.
12.In the result,
(i) The Civil Miscellaneous Appeal is partly allowed.
(ii)The quantum of compensation awarded by the Tribunal is reduced
from Rs.4,21,560/- to Rs.2,99,400/- which would carry interest at the rate of
7.5% per annum.
(iii)The appellant / Insurance Company is directed to deposit a sum of
i.e., Rs.2,99,400/- less the amount already deposited together with interest at
the rate of 7.5% per annum from the date of claim petition till the date of
deposit to the credit of MCOP.No.1271 of 2019 on the file of the Motor
Accident Claims Tribunal /Special Subordinate Court, Thanjavur District
within a period of four weeks from the date of receipt of a copy of this order,
if not already deposited.
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C.M.A.(MD)No.766 of 2021
(iv) On such deposit being made, the first respondent/ claimant is at
liberty to withdraw the same with proportionate interest and costs, by filing
necessary application. If the entire award amount is already paid by the
appellant/Insurance Company, the appellant/Insurance Company is permitted
to withdraw the excess amount with accrued interest. No costs. Consequently
connected miscellaneous petition is closed.
05.01.2022
Index :Yes/No
Internet:Yes/No
vsd
Note:In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the correct copy, shall be the
responsibility of the Advocate/litigant concerned.
To
1.The Motor Accident Claims Tribunal/
Special Subordinate Judge,
Thanjavur
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.766 of 2021
S.ANANTHI, J.
vsd
C.M.A.(MD)No.766 of 2021
and
C.M.P(MD)No.7027 of 2021
05.01.2022
https://www.mhc.tn.gov.in/judis
