Madras High Court
Royal Sundaram Alliance Ins.Co. vs Velmurugan on 25 March, 2022
C.M.A.No.2901 of 2015 and
Cross Obj.No.26 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.03.2022
CORAM
THE HON'BLE MR.JUSTICE J.NISHA BANU
C.M.A.No.2901 of 2015 and
Cross Objection No.26 of 2022
C.M.A.No.2901 of 2015
Royal Sundaram Alliance Ins.Co., Ltd.,
T.V.S.Co-operative Stores Building,
37, Krishna Rao Tank Street,
Madurai 625 001. ... Appellant
vs.
1.Velmurugan
2.G.Maheswaran
3.The Managing Director,
Tamil Nadu State Transport Corporation
(Kumbakonam Division)
Periya Milagu Parai,
Trichy. ... Respondents
Prayer: This Civil Miscellaneous Appeal has been filed under Section
173 of the Motor Vehicles Act,1988, to set aside the Judgment and
Decree made in M.C.O.P.No.31 of 2011 dated 15.10.2015 on the file of
the Motor Accident Claims Tribunal, (Sub Court) Ariyalur.
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C.M.A.No.2901 of 2015 and
Cross Obj.No.26 of 2022
For Appellant : Mr.R.Vinoth for
M/s.Elveera Ravindran
For R1 : Mr.S.Kamadevan
For R3 : M/s.D.Venkatachalam
Cross Obj.No.26 of 2014
Velmurugan .. Appellant
vs.
1. Royal Sundaram Alliance Ins.Co., Ltd.,
T.V.S.Co-operative Stores Building,
87, Krishna Rao Tank Street,
Madurai 625 001.
2.G.Maheswaran
3.The Managing Director,
Tamil Nadu State Transport Corporation
(Kumbakonam Division)
Periya Milagu Parai,
Trichy. .. Respondents
Prayer: Cross-Objection filed under Order XXXXI, Rule 22 of C.P.C.,
praying that the compensation awarded by the lower Court at
Rs.5,00,000/- is to be enhanced to Rs.9,00,000/-.
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C.M.A.No.2901 of 2015 and
Cross Obj.No.26 of 2022
For Cross-Objector : Mr.S.Kamadevan
For R1 : Mr.R.Vinoth for
M/s.Elveera Ravindran
For R3 : M/s.D.Venkatachalam
COMMON JUDGMENT
The Civil Miscellaneous Appeal has been filed by the Insurance
Company against the award dated 15.10.2015 made in M.C.O.P.No.31 of
2011 on the file of the Motor Accident Claims Tribunal, (Sub Court)
Ariyalur.
2. The Cross-Objection has been filed by the claimant seeking
enhancement of compensation granted by the Tribunal in the award dated
15.10.2015 made in M.C.O.P.No.31 of 2011 on the file of the Motor
Accident Claims Tribunal, (Sub Court) Ariyalur.
3. Both the appeal and the cross-objection are disposed of by this
common judgment.
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C.M.A.No.2901 of 2015 and
Cross Obj.No.26 of 2022
4. The parties are referred to as per their respective ranks in the
claim petition, for the sake of convenience.
5. The appellant-Insurance Company is the second respondent in
M.C.O.P.No.31 of 2011 on the file of the Motor Accident Claims
Tribunal ( Sub Court) Ariyalur. The claimant/cross objector filed the
above claim petition claiming a sum of Rs.9,00,000/- as compensation
for the injuries sustained by him in the accident that took place on
03.10.2010.
6. The Tribunal considering the pleadings, oral and documentary
evidence held that the accident occurred only due to rash and negligent
driving by the driver of the lorry belonging to the first respondent and
directed the second respondent-Insurance Company, being the insurer of
the said vehicle to pay a sum of Rs.5,00,000/- as compensation to the
claimant/cross objector.
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C.M.A.No.2901 of 2015 and
Cross Obj.No.26 of 2022
7. Against the said award dated 03.10.2010 made in
M.C.O.P.No.31 of 2011, the second respondent - Insurance Company has
filed the present appeal. Not being satisfied with the amount awarded by
the Tribunal, the claimant has filed the Cross-Appeal seeking
enhancement of compensation awarded by the Tribunal.
8. The learned counsel appearing for the second respondent-
Insurance Company contended that the claimant has taken treatment in
the hospital as in-patient from 03.10.2010 to 09.11.2010 in Government
Medical College Hospital and thereafter the claimant has taken treatment
from 10.12.2010 in Stanley Hospital, Chennai. His second finger of
right hand was amputated through surgery. The claimant has not
produced any material to show that he was continuously taking
treatment. The Tribunal has erred in fixing the multiplier method and
also erroneously granted exorbitant amounts under the heads of loss of
earning power attendant charges, extra nourishment and transport. The
amounts awarded by the Tribunal under different heads are excessive and
prayed for setting aside the award passed by the Tribunal.
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C.M.A.No.2901 of 2015 and
Cross Obj.No.26 of 2022
9. Per contra, the learned counsel appearing for the claimant/cross
objector contended that the Tribunal has not properly appreciated the
nature of injuries sustained by the claimant and evidence of
P.W.3/Doctor. The Tribunal erred in awarding much lesser amount for
the loss of income, nutrition and transportation charges. Further, the
Tribunal ought to have awarded towards future prospects and medical
expenses and prayed for enhancement of compensation.
10. Heard the learned counsel appearing for the Insurance
Company as well as the learned counsel appearing for the claimant-cross
objector and perused the entire materials on record.
11. From the materials available on record, it is seen that the
claimant in the accident has sustained fracture of humerus on his right
hand and radius and ulna on his right hand wrist and his second finger of
right hand removed through surgery. Claimant as P.W.1 and
P.W.3/Doctor deposed about the nature of injuries sustained by the
claimant. P.W.3/Doctor assessed that the claimant suffered 75%
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C.M.A.No.2901 of 2015 and
Cross Obj.No.26 of 2022
disability. The Tribunal considering the materials on record and evidence
of P.W.3/Doctor, applied the multiplier method. The claimant has proved
that he suffered functional disability and he is totally disabled and lost
his earning capacity and could not do any work as he was doing earlier.
The claimant has taken treatment in the hospital as in-patient from
03.10.2010 to 09.11.2010 in Government Medical College Hospital,
Tanjore. Taking into consideration all the above, The Tribunal awarded
Rs.4,86,000/- towards permanent disability; Rs.5,000/- towards loss of
income during treatment period; Rs.4,500/- towards transport expenses
and Rs.4,500/- towards extra nourishment.
12. In my considered opinion, the award of the Tribunal is just and
reasonable and I am not inclined to interfere with the order and therefore
the appeal filed by the Insurance Company fails.
13. However, considering the age of the claimant and the nature of
injuries suffered, since no compensation is granted under the head ' pain
and suffering', I am inclined to award a sum of Rs.50,000/- towards pain
and suffering.
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C.M.A.No.2901 of 2015 and
Cross Obj.No.26 of 2022
14. Accordingly, the compensation awarded by the Tribunal is
enhanced from Rs.5,00,000/- to Rs.5,50,000/-.
15. By an order dated 11.03.2016, this Court directed the Insurance
Company to deposit the entire award amount and granted an order of
interim stay in C.M.A.No.2901 of 2015 with regard to 30% of the award
amount.
16. The appellant-Insurance Company in C.M.A.No.2901 of 2015,
is directed to deposit the enhanced award amount i.e. Rs.50,000/-
( Rupees Fifty thousand only) along with interest at the rate of 7.5%
p.a.from the date of claim petition till the date of realisation within a
period of eight weeks from the date of receipt of a copy of this order.
On such deposit, the appellant /claimant in Cross Obj.No.26 of 2022 is
permitted to withdraw the entire balance award amount along with
interest and cost.
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C.M.A.No.2901 of 2015 and
Cross Obj.No.26 of 2022
17. In the result, C.M.A.No.2901 of 2015 stands dismissed.
Cross Obj.No.26 of 2022 stands partly allowed. No costs.
25.03.2022
Index : Yes/No
Internet : Yes / No
kkd
To:-
The Motor Accident Claims Tribunal
(Sub Court) Ariyalur.
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C.M.A.No.2901 of 2015 and
Cross Obj.No.26 of 2022
J.NISHA BANU,J.
kkd
C.M.A.No.2901 of 2015 and
Cross.Obj.No.26 of 2022
25.03.2022
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