Madras High Court
The Branch Manager vs Sambath on 9 August, 2024
Author: R. Hemalatha
Bench: R. Hemalatha
C.M.A.No.2205 of 2024
and C.M.P.No.17091 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.08.2024
CORAM:
THE HONOURABLE MRS. JUSTICE R. HEMALATHA
CMA.No.2205 of 2024
and
C.M.P.No.17091 of 2024
The Branch Manager,
M/s.Liberty General Insurance Limited,
No.88, G.N.Chetty Road, Level-4,
Unit No.E-4 & F-4,
T.Nagar, Chennai. ...Appellant
.Vs.
1.Sambath
2.Kalaiselvan ...Respondents
(Cause title accepted vide court order dated 24.07.2024 made in
C.M.P.No.13409 of 2024 in C.M.A.Sr.No.31342 of 2024)
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the decree and judgment dated 26.09.2023 in
M.C.O.P.No.592 of 2019 on the file of the Motor Accidents Claims
Tribunal, Special Subordinate Court No.II, Villupuram.
For Appellant : Ms.C.Harini
for M/s.M.B.Gopalan Associates
For R1 : Mr.N.Vijayakumar
1/8
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C.M.A.No.2205 of 2024
and C.M.P.No.17091 of 2024
JUDGMENT
The appellant, the Liberty General Insurance Limited is the
second respondent in M.C.O.P.No.592 of 2019 on the file of the Motor
Accidents Claims Tribunal / Special Subordinate Court No.II, Villupuram.
The first respondent filed the above said claim petition under Section 166 of
the Motor Vehicles Act seeking compensation of Rs.15,00,000/- for the
injuries sustained by him in a road accident that took place on 03.07.2018.
2. The case of the claimant is that on 03.07.2018, he was riding
his two wheeler TVS XL Super Motorcycle bearing Registration No. TN-11-
Q-0204 with his wife as pillion rider on Pondicherry - Villupuram road. At
about 5.30 pm, when he was nearing Nallarasnpettai Village, a speeding
Mahindra Auto bearing Registration No.TN-32-AM-6224 belonging to the
second respondent hit his two wheeler, as a result of which, the claimant fell
down and sustained injuries all over his body.
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3. According to the claimant, the rash and negligent driving of
the driver of the Auto bearing Registration No.TN-32-AM-6224 belonging
to the second respondent in the instant appeal was the cause of the accident
and that since the said Auto was insured with the present appellant, the
Liberty General Insurance Limited both of them are jointly and severally
liable to pay a sum of Rs.15,00,000/- as compensation.
4. In the Tribunal, the owner of the Auto remained absent and
was set ex parte. The appellant, the Liberty General Insurance Limited
contested the claim petition on all the grounds available to the insurer under
Section 170 of the Motor Vehicles Act.
5. The Tribunal after analysing the evidence on record, awarded a
compensation of Rs.4,43,550/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of realization to the claimant.
The Tribunal also directed the appellant, the Liberty General Insurance
Company Limited to pay the said award amount and then recover the same
from the owner of the vehicle since it was proved that the driver of the Auto
did not have a valid driving license on the date of the accident. Questioning
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the quantum of compensation, the appellant, the Liberty General Insurance
Company Limited has filed the present appeal under Section 173 of the
Motor Vehicles Act, 1988.
6. Heard Ms.C.Harini, learned counsel for the appellant and
Mr.Vijayakumar, learned counsel for the first respondent.
7. Ms.C.Harini, learned counsel appearing for the appellant would
contend that the Tribunal had awarded an exorbitant amount of
Rs.1,00,000/- for pain and sufferings and loss of amenities and therefore,
the same should be scaled down.
8. Per contra, Mr.Vijayakumar, learned counsel appearing for the
first respondent contended that the Tribunal had taken up only a sum of
Rs.5,000/- per percentage of disability for the accident which happened in
the year 2018 and this Court in various decisions had fixed a sum of
Rs.7,000/- per percentage of disability.
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9. In the claim petition, it is contended that the claimant is an
agriculturist, earning a sum of Rs.40,000/- per month. In the absence of
income proof, the Tribunal fixed the notional income of the claimant as
Rs.9,000/- per month. It is pertinent to point out that the accident took place
in the year 2018 and in the facts and circumstances, this Court is of the
opinion that fixing a sum of Rs.7,000/- per percentage of disability would
meet the ends of justice and thus a sum of Rs.2,10,000/- is awarded to the
claimant for partial permanent disability. The claimant had sustained a
fracture on his left forehead and on his neck. But the Tribunal had awarded
a sum of Rs.1,00,000/- towards pain and sufferings. In the opinion of this
Court, this amount is on the higher side and therefore, it is scaled down to
Rs.50,000/-.
10. The award passed by the Tribunal under various heads is
modified as stated below:
S. No. Head Amount granted
1. Partial permanent disability Rs.2,10,000/-
2. Pain and sufferings Rs.50,000/-
3. Loss of amenities Rs.50,000/-
4. Extra nourishment Rs.20,000/-
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S. No. Head Amount granted
5. Damage to clothes Rs.1,000/-
6. Medical bills Rs.16,547/-
7. Transportation charges Rs.15,000/-
8. Attendant charges Rs.10,000/-
9. Loss of income (Rs.9,000/- x Rs.36,000/-
4)
Total Rs.4,08,547/-
11. Thus, the compensation awarded by the Tribunal is hereby
scaled down to Rs.4,08,547/- from Rs. 4,43,550/- and the said amount
would carry interest at the rate of 7.5% per annum from the date of petition.
12. In the result,
i. The Civil Miscellaneous Appeal is allowed. No costs. Consequently,
connected Civil Miscellaneous Petition is closed.
ii. The compensation awarded by the Tribunal is hereby scaled down
to Rs.4,08,547/-.
iii. The appellant, the Liberty General Insurance Limited is directed to
deposit the modified award amount i.e. Rs.4,08,547/- (less the
amount already deposited) together with interest at the rate of 7.5%
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per annum from the date of claim petition till the date of deposit
within a period of four weeks from the date of receipt of a copy of this
order to the credit of M.C.O.P.No.592 of 2019 on the file of the
Motor Accidents Claims Tribunal, Special Subordinate Court No.II,
Villupuram and recover the same from the second respondent on the
same cause of action.
iv. On such deposit being made the claimant / first respondent is
permitted to withdraw the same with accrued interest and costs, after
following due process of law.
09.08.2024
Index : Yes/No
Speaking / Non-speaking order
mtl
To
The Section Officer, VR Section, Madras High Court, Chennai.
R. HEMALATHA, J.
https://www.mhc.tn.gov.in/judis
mtl
09.08.2024
https://www.mhc.tn.gov.in/judis
