M.Selvi vs Ciber Sites India Pvt.Ltd
2023 Latest Caselaw 13060 Mad

Citation : 2023 Latest Caselaw 13060 Mad
Judgement Date : 25 September, 2023

Madras High Court

M.Selvi vs Ciber Sites India Pvt.Ltd on 25 September, 2023

                                                                                 CMA No. 2254 / 2023

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 25.09.2023

                                                        CORAM :

                                  THE HONOURABLE MR. JUSTICE SUNDER MOHAN

                                        Civil Miscellaneous Appeal No. 2254 of 2023
                     M.Selvi                                                          ... Appellant
                                                          Versus

                     1.Ciber Sites India Pvt.Ltd.,
                       6th and 7th Floor, WTC 3, Block B.Bagmane,
                       World Technology Centre, K.R. Puram,
                       Maratha Ali Ring Road, Maratha Ali Colony,
                       Bengalore North, Bengalore,
                       Karnataka – 560 037.

                     2.M/s.Reliance General Insurance Company Ltd.,
                       No. 570, Naigaum Cross Road,
                       Next to Royal Industrial Estate, Wadala (W),
                       Mumbai – 400 031.                                          ... Respondents


                     PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, 1988 against the Judgment and Decree in M.C.O.P.
                     No. 705 of 2016 dated 10.08.2019 on the file of the Motor Accidents
                     Claims Tribunal / Chief Judicial Magistrate Court, Namakkal.


                                  For Appellant        : Mr. M. Lokesh.

                                  For Respondents      : Mr. P. Suresh Srinivasan for R2.

                                                         R1 – Dispensed with.

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                                                                                     CMA No. 2254 / 2023

                                                      JUDGMENT

The claimant has preferred the instant appeal seeking enhancement

of compensation in the award passed by the Tribunal in M.C.O.P.

No. 705 of 2016 dated 10.08.2019.

2.The claimant/appellant has filed the claim petition stating that on

16.04.2016 at about 08.55 a.m., while she was walking on the public

road, a car belonging to the first respondent insured with the second

respondent came from behind in a rash and negligent manner and hit a

TATA ACE auto and thereafter hit the appellant, as a result of which, the

appellant sustained grievous injuries.

3.The first respondent filed a counter stating that the accident did

not take place due to the negligent driving of its driver; that the appellant

ought to have made a claim against the owner of the TATA ACE auto;

and that in any case, the compensation claimed was excessive and prayed

for dismissal of the appeal.

4.The second respondent / insurance company remained ex parte

before the Tribunal.

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CMA No. 2254 / 2023

5.The appellant examined herself as PW1 and doctor as PW2 and

marked Ex.P.1 to Ex.P.11. The first respondent neither examined any

witness nor marked any document.

6.The Tribunal after taking into consideration the oral and

documentary evidence held that the accident took place due to the rash

and negligent driving of the driver of the car insured with the second

respondent and directed the second respondent to pay a compensation of

Rs.1,12,500/- to the appellant.

7.The learned counsel for the appellant submitted that though the

appellant examined PW2 doctor, who assessed the disability at 28%, the

Tribunal had erroneously reduced the percentage of disability to 10%

without any basis. The learned counsel further submitted that no amount

was awarded towards Attender charges and hence, prayed for

enhancement of compensation.

8.The learned counsel for the appellant sought permission of this

Court to dispense with the notice to the first respondent as they are a https://www.mhc.tn.gov.in/judis

CMA No. 2254 / 2023

formal party and has made an endorsement to that effect. Hence, notice

to the first respondent is dispensed with.

9.The learned counsel for the second respondent, per contra,

submitted that the appellant was not subjected to examination by Medical

Board; that hence, the Tribunal was right in reducing the disability

percentage to 10%; and that, the award passed by the Tribunal is just and

reasonable and no interference is called for.

10.The only question that arise for consideration in the instant

appeal is whether the compensation awarded by the Tribunal is just and

reasonable?

11.On perusal of the award of the Tribunal, it is seen that the

appellant had suffered the following injuries; “facial bone fracture and

fracture in apex of left maxillary sinus wall with minimal hemo sinus.”

PW2, doctor who had examined the appellant had assessed the disability

at 28%. Considering the nature of injuries suffered by the appellant and

the disability certificate issued by the doctor and since the appellant was

not subjected to examination by Medical Board, this Court is of the view https://www.mhc.tn.gov.in/judis

CMA No. 2254 / 2023

that it would be just and reasonable to fix the disability at 15%. Since

the accident is of the year 2016, the appellant would be entitled to

Rs.5,000/- per percentage of disability. Hence, the compensation under

the head permanent disability would be Rs.75,000/- (Rs.5,000/- X 15).

The appellant was in the hospital for nearly six days. Hence, the

appellant would be entitled to Rs.5,000/- under the head Attender

charges. The award under the other heads are just and the same are

confirmed. Thus, the award of the Tribunal is modified as follows;

                       S.             Description        Amount          Amount           Award
                       No                               awarded by     awarded by      confirmed or
                                                         Tribunal       this Court     enhanced or
                                                           (Rs)            (Rs)          granted
                        1. Pain and sufferings               30,000         30,000       Confirmed
                        2. Permanent disability              30,000         75,000       Enhanced
                        3. Medical Expenses                  26,500          26,500      Confirmed
                        4. Transport Expenses                  4000           4000      Confirmed
                        5. Extra nourishment                   4000           4000       Confirmed
                        6. Attender Charges                      ---          5000        Granted
                        7. Partial loss of earning           18,000          18,000      Confirmed
                             Total                          1,12,500       1,62,500    Enhanced by
                                                                                       Rs.50,000/-

12.With the above modification, this Civil Miscellaneous Appeal

is partly allowed and the compensation awarded by the Tribunal at

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CMA No. 2254 / 2023

Rs.1,12,500/- is hereby enhanced to Rs.1,62,500/- together with interest

at 7.5% per annum (excluding the default period if any) from the date of

petition till the date of deposit. The second respondent is directed to

deposit the award amount now determined by this Court along with

interest and costs, less the amount already deposited, if any, within a

period of six (6) weeks from the date of a receipt of copy of this

Judgment. On such deposit, the appellant is permitted to withdraw the

award amount along with interest and costs, less the amount if any,