Madras High Court
M/S.Royal Sundaram Alliance vs M.Paraman on 8 March, 2023
C.M.A.No.827 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.03.2023
CORAM
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
C.M.A.No.827 of 2018
and
C.M.P No.6834 of 2018
M/s.Royal Sundaram Alliance
Insurance Company Limited
4-A, 4th Floor Thirumalai Towers
No.723, Avinashi Salai
Coimbatore-641 018. .. Appellant
Vs.
1.M.Paraman
2.Shanmugam ..Respondents
Prayer: The Civil Miscellaneous Appeal is preferred under Section 173 of
the Motor Vehicles Act, 1988, against the judgment and decree dated
12.08.2017 made in MACTOP No.618 of 2010 on the file of the Motor
Accident Claims Tribunal/ Subordinate Judge, Sankagiri.
For Appellant : Mr.E.Rajadurai
M/s.M.B.Gopalan Associates
For Respondents : Mr.T.S.Arthanareeswaran for R1
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.No.827 of 2018
JUDGMENT
The appeal on hand is filed against the judgment and decree dated
12.08.2017 passed in MCOP No.618 of 2014, on the file of the Motor
Accident Claims Tribunal/Subordinate Judge, Sankagiri.
2. The Royal Sundaram Aliance Insurance Company Limited is the
appellant, who filed this appeal questioning the quantum of compensation.
3. The accident occurred on 05.09.2010 at 8.00 p.m., at Korakkuttai,
Kuppankadu. The Molasi Police Station registered a case in Crime No.181
of 2010 under Sections 279 and 337 IPC. The first respondent/claimant,
due to the accident sustained fracture on his right leg and also multiple
injuries all over the body. Thereafter, the claim petition was filed and the
Tribunal adjudicated the issues with reference to the documents and
evidences. The appellant/Insurance company has defended their case. The
Tribunal has awarded a total compensation of Rs.8,75,00/-.
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C.M.A.No.827 of 2018
4. The learned counsel appearing on behalf of the appellant/Insurance
Company mainly contended that the quantum of compensation granted by
the Tribunal under various heads is exorbitant and based on that, the
appellant/Insurance Company has chosen to file the present appeal. The
Tribunal has awarded excessive compensation towards loss of earning
capacity by adopting the multiplier method, which is erroneous in law. The
Tribunal has also erred in awarding a compensation of Rs.40,000/- towards
simple injuries and it has to be reduced. For the aforesaid reasons, the award
is liable to be dismissed.
5. The learned counsel for the 1st respondent/claimant disputed the
said contention by stating that considering the grievousness of the injuries,
the Tribunal awarded the compensation and there is no excessive award and
accordingly, the appeal is liable to be dismissed.
6. The claimant is an agriculturist and aged 45 years. A perusal of
Ex.P6 to P10 would reveal that after the accident, the claimant had taken
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C.M.A.No.827 of 2018
treatment at Thiruchengode Kumaran Hospital as inpatient from 06.09.2010
to 22.10.2010, 13.12.2010 to 10.01.2011, 23.03.2011 to 05.04.2011,
24.05.2011 to 21.06.2011. Considering the nature of the injuries as well as
the disability sustained, the Tribunal has awarded a sum of Rs.4,24,000/-
towards loss of earning capacity. However, the Tribunal has also awarded
a compensation of Rs.40,000/- under the head of simple injuries. In the
considered view of this Court, when already the Tribunal has awarded
sufficient amount under the head of loss of earning capacity, unnecessarily
the Tribunal has awarded excess compensation under the head of simple
injuries and hence, the same is liable to be set aside.
7. Insofar as the other heads of the compensation are concerned, the
assessment of the compensation under the said heads by the Tribunal is a
just compensation and it does not call for any interference by this Court.
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C.M.A.No.827 of 2018
8. For the forgoing reasons, the compensation awarded by the Tribunal
under the impugned award is modified in the following manner:
Heads Amount Award Amount
awarded by the by this Court
Tribunal (Rs.)
(Rs.)
Loss of earning 4,24,000/- Rs.4,24,000/-
capacity
(7000 x 12 x 14 x
36%)
Medical Expenses 2,99,000/- 2,99,000/-
Pain and Suffering 50,000/- 50,000/-
Transport charges 10,000/- 10,000/-
Extra Nourishment 20,000/- 20,000/-
Attender charges 10,000/- 10,000/-
Future Medical 20,000/- 20,000/-
Expenses
Compensation 40,000/- Nil
towards simple
injuries
Damages to articles 2,000/- 2,000/-
Total 8,75,000/- 8,35,000/-
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C.M.A.No.827 of 2018
9. In the result,
(i) This appeal is partly allowed and the Appellant Insurance Company
is directed to deposit the modified award amount i.e, Rs.8,35,000/- along
with interest at the rate of 7.5% per annum and costs, after deducting the
amount already deposited, if any, to the credit of MCOP.No.618 of 2010
within a period of six weeks from the date of receipt of a copy of this
Judgment.
(ii) On such deposit being made, the Tribunal is directed to transfer the
award amount to the bank account of the first respondent/claimant along
with accrued interest through RTGS within a period of two weeks
thereafter. No costs. Consequently, connected Miscellaneous Petition is
closed.
08.03.2023
Index : Yes/No
Speaking Order/Non-Speaking Order
uma
https://www.mhc.tn.gov.in/judis
C.M.A.No.827 of 2018
To
1.The Motor Accident Claims Tribunal,
Subordinate Judge, Sankagiri.
2.The Section Officer,
V.R Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
C.M.A.No.827 of 2018
A.A.NAKKIRAN, J.
uma
C.M.A.No.827 of 2018
and
CMP No.6834 of 2018
08.03.2023
https://www.mhc.tn.gov.in/judis
