Royal Sundaram Alliance ... vs Senthilkumar
2022 Latest Caselaw 16627 Mad

Citation : 2022 Latest Caselaw 16627 Mad
Judgement Date : 19 October, 2022

Madras High Court

Royal Sundaram Alliance ... vs Senthilkumar on 19 October, 2022

                                                                          C.M.A.No.1768 of 2020

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 19.10.2022

                                                   CORAM:

                                     THE HONOURABLE Ms. JUSTICE P.T.ASHA

                                             C.M.A.No.1768 of 2020
                                                      and
                                             C.M.P.No.12978 of 2020

                  Royal Sundaram Alliance Insurance Co. Ltd.,
                  No.4-A, 4th Floor,
                  Thirumalai Towers,
                  No.723, Avinashi Road,
                  Coimbatore District.                                ... Appellant

                                                      vs.
                  1.Senthilkumar

                  2.P.Unnikrishnan

                  3.Marshal Flower Engineers
                  India Pvt. Ltd.,
                  No.69/1, AVG Layout,
                  SIDCO Industrial Estate Post,
                  Coimbatore-641 021.                                 ... Respondents

                  PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the

                  Motor Vehicles Act, against the Judgment and Decree dated 25.01.2019

                  passed in M.C.O.P.No.1643 of 2015 on the file of the Court of the Motor

                  Accident Claims Tribunal, Special Subordinate Judge, Coimbatore.



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https://www.mhc.tn.gov.in/judis
                                                                            C.M.A.No.1768 of 2020

                                  For Appellant       : Mr.G.Vasudevan
                                  For Respondents     : Mr.Govind Chandrasekar [R1]
                                                        R2 & R3 – Served – No Appearance

                                                    JUDGMENT

The Insurance Company has filed the above appeal challenging the

award passed by the Motor Accident Claims Tribunal, Special Subordinate

Judge, Coimbatore in M.C.O.P.No.1643 of 2015, on the ground of

quantum.

2. Though a ground has been taken that the 1st respondent/claimant

was a gratuitous passenger, however, arguments were not advanced, since

additional premium had been paid by the insured to cover the liability of

the fare paying passengers other than employees.

3. The Insurance Company is aggrieved by the fact that a sum of

Rs.3,00,000/- and Rs.2,00,000/- have been awarded on the head of pain and

sufferings and loss of amenities for the injuries sustained by the petitioner

which is not permanent in nature and further, the petitioner had taken

treatment as an inpatient only for 7 days. The 1st respondent/claimant had

not even examined the Doctor who assessed his disability.

https://www.mhc.tn.gov.in/judis C.M.A.No.1768 of 2020

4. Heard the learned counsel on either side and perused the materials

on record.

5. As contended by the learned counsel for the appellant/Insurance

Company, the amount awarded under the said two heads are rather on the

higher side. However, a perusal of the contents of the Discharge Summary,

Ex.P8 would indicate that the petitioner would have suffered considerable

pain and sufferings for the injuries sustained by him and therefore, a sum of

Rs.1,50,000/- is granted under this head. Therefore, amount granted under

this head is reduced to Rs.1,50,000/-. Likewise, the sum of Rs.2,00,000/-

awarded under the head of loss of amenities is consequently reduced to a

sum of Rs.50,000/-. Therefore, the reduced compensation would be a sum

of Rs.4,60,000/- and the award is reduced by a sum of Rs.3,00,000/-.

Therefore, except for reducing the amount under the head of pain and

sufferings and loss of amenities, all other aspects, the award of the Tribunal

remains unaltered. Therefore, the Compensation awarded by the Tribunal is

reworked as below:

https://www.mhc.tn.gov.in/judis C.M.A.No.1768 of 2020

S.No. Description Amount Amount Award awarded by awarded by confirmed Tribunal this Court or enhanced or granted or reduced 1 Compensation for Rs.1,75,000/- Rs.1,75,000/- Confirmed grievous injury 2 Loss of Income Rs. 60,000/- Rs. 60,000/- Confirmed 3 Pain and Rs.3,00,000/- Rs.1,50,000/- Reduced Sufferings 4 Loss of amenities Rs.2,00,000/- Rs. 50,000/- Reduced 5 Extra Nourishment Rs. 10,000/- Rs. 10,000/- Confirmed 6 Transport Rs. 10,000/- Rs. 10,000/- Confirmed 7 Damage to Rs. 5,000/- Rs. 5,000/- Confirmed Clothing and Articles TOTAL Rs.7,60,000/- Rs.4,60,000/-

6. In the result, this Civil Miscellaneous Appeal is partly allowed and

the compensation of Rs.7,60,000/- awarded by the Tribunal is hereby

reduced to a sum of Rs.4,60,000/-. Therefore, the Appellant / Insurance

Company is directed to deposit the modified award amount now determined

by this Court to the credit of M.C.O.P.No.1643 of 2015 on the file of the

Motor Accident Claims Tribunal, the Special Subordiante Judge,

Coimbatore, together with interest @ 7.5% per annum from the date of

https://www.mhc.tn.gov.in/judis C.M.A.No.1768 of 2020

claim petition till the date of deposit and costs, less, the amount, if any

already deposited, within a period of four weeks from the date of receipt of

a copy of this Judgement. On such deposit being made, the claimant is

permitted to withdraw the amount now determined by this Court, as