Madras High Court
Sriram General Insurance Company ... vs S.Thangamadasamy on 12 June, 2023
C.M.A(MD)No.1 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.06.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.1 of 2020
and
Cros.Obj(MD)No.1 of 2020
C.M.A(MD)No.1 of 2020:
Sriram General Insurance Company Limited,
Sitapura, E-8, Riico Industrial Area,
Jaipur District,
Rajasthan State,
Through its Manager. ... Appellant/2nd Respondent
Vs.
1.S.Thangamadasamy ... Respondent/Petitioner
2.Sekar ... Respondent/1st Respondent
(R2 is the owner and remained ex parte before the
tribunal, hence notice dispensed with vide Court order,
dated 22.12.2021 made in C.M.A(MD)No.1 of 2020)
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, to set aside the judgment and decree, dated
24.10.2018 passed in M.C.O.P.No.1313 of 2015 on the file of the Motor
Accident Claims Tribunal / 6th Additional District Judge, Madurai.
For Appellant : Mr.V.Sakthivel
https://www.mhc.tn.gov.in/judis
For R1 : Mr.C.Karthik
1/9
C.M.A(MD)No.1 of 2020
Cros.Obj(MD)No.1 of 2020:
S.Thangamadasamy ... Cross Objector/1st Respondent
Vs.
1.Sriram General Insurance Company Limited,
Sitapura, E-8, Riico Industrial Area,
Jaipur District,
Rajasthan State,
Through its Manager. ... Respondent/Appellant
2.Sekar ... Respondent/2nd Respondent
PRAYER: Cross Objection is filed under Order 41 Rule 22 of Code of
Civil Procedure, to modify the decree and judgment, dated 24.10.2018
passed in M.C.O.P.No.1313 of 2015 on the file of the Motor Accidents
Claims Tribunal / VI Additional District Judge, Madurai by allowing
this cross appeal by enhancing the compensation amount as
Rs.3,00,000/- in addition to the amount already awarded by the learned
Tribunal towards compensation in favour of this cross objector with
costs.
For Appellant : Mr.C.Karthik
For R1 : Mr. V.Sakthivel
JUDGMENT
The present appeal has been filed by the insurance company
challenging the award passed by the Motor Accident Claims Tribunal,
Madurai in M.C.O.P.No.1313 of 2015 primarily on the ground of
https://www.mhc.tn.gov.in/judis
quantum.
C.M.A(MD)No.1 of 2020
2. According to the injured claimant, he is a driver by profession,
aged 23 years and earning a sum of Rs.20,000/- per month. He sustained
grievous injuries while he was driving an Innova car on 01.10.2014. He
had prayed for a sum of Rs.21,15,000/- towards compensation.
3. The insurance company had filed a counter questioning the
manner of accident and the quantum of compensation.
4. The tribunal after considering the oral and documentary
evidence, had arrived at a finding that the accident has taken place only
due to the rash and negligent driving on the part of the driver of the 1 st
respondent. The tribunal further found that the injured claimant is a
driver by profession and he was also having a driving license with a
transport endorsement. The tribunal fixed the notional monthly income
at Rs.7,500/- and applied multiplier method and arrived at a sum of
Rs.4,53,600/- under the head of loss of income. The tribunal further
awarded a sum of Rs.30,000/- towards pain and suffering, a sum of
Rs.15,000/- towards future medical expenses, a sum of Rs.15,000/-
towards extra nourishment, a sum of Rs.15,000/- towards transport
expenses, a sum of Rs.1,000/- towards loss of estate and a sum of
Rs.12,000/- towards attender charges. This award is under challenge in
https://www.mhc.tn.gov.in/judis
the present appeal.
C.M.A(MD)No.1 of 2020
5. According to the learned counsel appearing for the appellant /
insurance company, the claimant had sustained only 20% disability as
per Exhibit C.1. This 20% disability is only a physical disability and it
can never be considered to be a functional disability so as to apply
multiplier method for award of compensation under the head of loss of
income. He further contended that the amount awarded under the other
heads are also excessive in nature and they have to be reduced.
6. The claimants have filed Cross.Obj(MD)No.1 of 2020 seeking
enhancement of the compensation. The learned counsel appearing for the
cross objector had contended that it is not a mere physical disability of
20%. Considering the fact that he is a driver by profession having a
transport endorsement, it is a functional disability. His wrist movements
are restricted and therefore, he cannot continue to be a driver. Therefore,
the tribunal though was right in applying the multiplier method, ought to
have enhanced the monthly notional income to Rs.20,000/- as prayed for
in the claim petition. He further contended that the tribunal after having
arrived at a finding that another surgery is required for the claimant,
ought to have awarded additional amount for future medical expenses.
Consequently, the amount to be awarded under other heads will also get
enhanced due to the second surgery. Hence, he prayed for enhancement
https://www.mhc.tn.gov.in/judis
up to Rs.3,00,000/-.
C.M.A(MD)No.1 of 2020
7. When the appeal was taken up for hearing, this Court has
perused Exhibit C.1 disability certificate issued by original medical
board of Government Rajaji hospital, Madurai to the effect that the
claimant had sustained 20% disability. However, in the said certificate,
there was no reference whether that would affect the profession of the
claimant as a driver. Therefore, this Court has directed the claimant to
appear before the doctor in the Lok Adalat, so that he can investigate the
claimant and arrive at a finding whether it is a functional disability or
not considering the fact that he is a driver by profession. Dr.M.Manoj
Deepak who is an Assistant Professor of Government Rajaji Hospital,
Madurai had examined the claimant in the Lok Adalat and he has
certified that the claimant has suffered functional disability of 20% and
he would not be able to drive. He has further found that the functional
status of the claimant might improve depending upon the outcome of a
revision surgery and the cost of the said surgery would be around Rs.
1,50,000/-. The learned counsels appearing on either side have gone
through the disability certificate and had made their submission on the
same.
8. In view of the above said certificate, this Court is of the opinion
that this physical disability of 20% suffered by the claimant amounts to
https://www.mhc.tn.gov.in/judis
functional disability and he cannot drive a vehicle and therefore, it is a
C.M.A(MD)No.1 of 2020
functional disability. In view of the above said facts, the tribunal was
right in adopting the multiplier method. Therefore, I do not find any
merits in the appeal filed by the insurance company challenging the
multiplier method adopted by the tribunal.
9. In view of the certificate issued by the doctor, this Court is of
the view that for pain and suffering, an additional sum of Rs.20,000/-
could be awarded. The future medical expenses could be enhanced from
Rs.50,000/- to Rs.1,50,000/-. For extra nourishment, an additional sum
of Rs.10,000/- could be awarded. Considering the fact that the claimant
has to undergo another surgery, an additional sum of Rs.5,000/- could be
awarded towards transport expenses and another sum of Rs.5,000/-
could be awarded towards attender charges.
10. In view of the above said deliberations, the award of the
tribunal is modified to the following effect:
Partial permanent disability : Rs.4,53,600/-
Pain and suffering : Rs. 50,000/-
Future medical expenses : Rs.1,50,000/-
Extra nourishment : Rs. 25,000/-
Transport expenses : Rs. 20,000/-
https://www.mhc.tn.gov.in/judis
Loss of estate : Rs. 1,000/-
C.M.A(MD)No.1 of 2020
Attender charges : Rs. 17,000/-
Loss of amenities : Rs. 10,000/-
----------------------
Total : Rs.7,26,600/-
11. In view of the deliberations, the award of the tribunal is hereby
enhanced from Rs.5,41,600 to Rs.7,26,600/-. The insurance company is
directed to deposit the enhanced amount within a period of eight (8)
weeks from the date of receipt of a copy of this order. The enhanced
amount will carry an interest of 7.5% from the date of the claim petition.
The cross objection is allowed to the above said extent.
12. C.M.A(MD)No.1 of 2020 stands dismissed and Cros.Obj(MD)
No.1 of 2020 stands partly allowed to the extent as stated above. No
costs.
12.06.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
gbg
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.1 of 2020
To
1.The Motor Accident Claims Tribunal /
6th Additional District Judge,
Madurai.
2.The Section Officer,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.1 of 2020
R.VIJAYAKUMAR,J.
gbg
Judgment made in
C.M.A(MD)No.1 of 2020
and
Cros.Obj(MD)No.1 of 2020
12.06.2023
https://www.mhc.tn.gov.in/judis
