Madras High Court
The Branch Manager vs R.Vijay on 8 March, 2023
C.M.A.No.3512 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.03.2023
CORAM
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
C.M.A.No.3512 of 2017
and
C.M.P No.22452 of 2017
The Branch Manager
Royal Sundaram Aliance Insurance Co. Ltd.,
Subramaniam Buildings
No.1, Club House Road
2nd Floor, Anna Salai
Chennai-600 002. .. Appellant
Vs.
1.R.Vijay
2.H.R.Ramasamy ..Respondents
Prayer: The Civil Miscellaneous Appeal is preferred under Section 173 of
the Motor Vehicles Act, 1988, against the judgment and decree dated
12.03.2015 made in MACTOP No.623 of 2014 on the file of the Motor
Accident Claims Tribunal/ Special Sub Judge, Dharmapuri.
For Appellant : Mr.G.Vasudevan
For Respondents : Mr.T.Ganesan for R1
No Appearance for R2
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.No.3512 of 2017
JUDGMENT
The appeal on hand is filed against the judgment and decree dated
12.03.2015 passed in MCOP No.623 of 2014, on the file of the Motor
Accident Claims Tribunal/Special Sub Judge, Dharmapuri.
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 13.11.202011 at 5.45 p.m., at
Royakottai - Hosur Road, in between Birjeypur and Sanamaha. The
Uthanappalli Police Station registered a case in Crime No.168 of 2011. The
1st respondent/claimant was riding Honda Shine CBF Motor Cycle/Solo
bearing Registration No.KA-51-W-883 from Dharmapuri to Hosur. The
first respondent/claimant, due to the accident sustained grievous injuries
including head injury and frontal bone fracture and also lost his 5 front
upper teeth and three lower jaw teeth. Thereafter, the claim petition was
filed and the Tribunal adjudicated the issues with reference to the
https://www.mhc.tn.gov.in/judis
C.M.A.No.3512 of 2017
documents and evidences. The appellant/Insurance company has defended
their case. The Tribunal has awarded a total compensation of
Rs.14,33,667/-.
4. The learned counsel appearing on behalf of the appellant/Insurance
Company mainly contended that the quantum of compensation granted by
the Tribunal is exorbitant. The compensation granted towards pain and
suffering, medical bills, transport to hospital, mental agony and attender
charges are on the higher side and based on that, the appellant/Insurance
Company has chosen to file the present appeal. The Tribunal has
erroneously adopted the multiplier method instead of adopting the
percentage method. The Tribunal has erroneously assessed the disability at
70% and it has to be reduced. This apart, the first respondent/claimant is
working as System Engineer in TCS Company and there is no loss of
income. Thus, the compensation awarded is exorbitant. For the aforesaid
reasons, the award is liable to be dismissed.
https://www.mhc.tn.gov.in/judis
C.M.A.No.3512 of 2017
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. Insofar as the assessment of disability by the Tribunal is
concerned, the PW2/doctor assessed the disability at 45% for bone fracture
and PW3/doctor assessed the disability at 36% for loss of 5 front upper teeth
and three lower jaw teeth. But, the Tribunal has reduced the disability and
totally fixed the disability at 70%, considering the nature of injuries and the
evidence of PW2 and PW3 and Ex.P13 disability certificate and Ex.P14 X-
ray. Hence, the disability fixed by the Tribunal is a correct assessment.
7. Considering the nature of the injuries as well as the disability
sustained, this Court is of the considered opinion that it is not a functional
disability and in fact, the claimant is employed, more specifically he was
https://www.mhc.tn.gov.in/judis
C.M.A.No.3512 of 2017
working as System Engineer in TCS Company, Bangalore. Therefore, there
is no future loss of income. This being the factum, the award of
compensation by adopting the multiplier is unnecessary. Contrary, a sum of
Rs.3,000/- for 1% disability shall be granted considering the year of the
accident is 2011. Accordingly, the disability compensation is reduced to
Rs.2,10,000/- by this Court instead of Rs.7,87,542/- assessed by the
Tribunal.
8. 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.
9. For the forgoing reasons, the compensation awarded by the Tribunal
under the impugned award is modified in the following manner:
https://www.mhc.tn.gov.in/judis
C.M.A.No.3512 of 2017
Heads Amount Award Amount
awarded by the by this Court
Tribunal (Rs.)
(Rs.)
Disability at 70% and 7,87,542/- Rs.2,10,000/-
future loss of income (5,515 x 17 x 70 (Disability at
x 12/100 70% x 3000)
Pain and suffering 75,000/- 75,000/-
Temporary loss of 16,545/- 16,545/-
income for three
months
Medical Expenses 4,34,580/- 4,34,580/-
Transport to hospital 45,000/- 45,000/-
Extra Nourishment 10,000/- 10,000/-
and damages to
articles
Mental Agony 50,000/- 50,000/-
Attender charges 15,000/- 15,000/-
Total 14,33,667/- 8,56,125/-
10. 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.8,56,125/- along
with interest at the rate of 7.5% per annum and costs, after deducting the
https://www.mhc.tn.gov.in/judis
C.M.A.No.3512 of 2017
amount already deposited, if any, to the credit of MCOP.No.623 of 2014
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
To
1.The Motor Accident Claims Tribunal,
Special Sub Judge, Dharmapuri.
2.The Section Officer,
V.R Section,
High Court, Madras.
A.A.NAKKIRAN, J.
uma
https://www.mhc.tn.gov.in/judis
C.M.A.No.3512 of 2017
C.M.A.No.3512 of 2017
and
CMP No.22452 of 2017
08.03.2023
https://www.mhc.tn.gov.in/judis
