Madras High Court
G.Sakthivel vs N.Murugavel on 8 January, 2024
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
C.M.A.Nos.7 of 2024 & 781 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.01.2024
CORAM
THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY
C.M.A.Nos.7 of 2024 & 781 of 2023
and
C.M.P.No.7217 of 2023
CMA.No.7 of 2024:
G.Sakthivel
...Appellant
Vs
1.N.Murugavel
2.Shriram General Insurance Company Limited,
City Centre Complex, 2nd Floor,
No.66, Thirumalai Pillai Road,
T.Nagar, Chennai 600 017.
... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, to set aside the decree and judgement dated 23.09.2021
made in MCOP.No.2069 of 2015 on the file of the Motor Accident Claims
Tribunal, II Court of Small Causes, Chennai.
1/7
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.7 of 2024 & 781 of 2023
For Appellant : Mr.U.Chithambaram
For Respondents : Mr.S.Dakshnamoorthy for R2
CMA.No.781 of 2023:
Shriram General Insurance Company Limited,
City Centre Complex, 2nd Floor,
No.66, Thirumalai Pillai Road,
T.Nagar, Chennai 600 017.
...Appellant
Vs
1.G.Sakthivel
2.N.Murugavel
... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, to set aside the decree and judgement dated 23.09.2021
made in MCOP.No.2069 of 2015 on the file of the Motor Accident Claims
Tribunal, II Court of Small Causes, Chennai.
For Appellant : Mr.S.Dakshnamoorthy
For Respondents : Mr.U.Chithambaram for R1
No appearance for R2
2/7
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.7 of 2024 & 781 of 2023
COMMON JUDGMENT
Both the claimant and the insurance company had challenged the
quantum of compensation awarded by the Tribunal vide these appeals.
2. The learned counsel for the claimant would submit that on 04.11.2014,
while the claimant, who is a paani-poori seller, was riding a two-wheeler, a lorry
bearing Registration No.TN-28-B-8845 had come in a rash and negligent
manner and dashed against him. Due to the said accident, the claimant had
sustained grievous injuries and his one leg was amputated.
3. The learned counsel appearing for the insurance company would
submit that after examining the injured, the medical board had determined the
disability of the injured as 85%. However, the Tribunal had taken the functional
disability as 90% for awarding compensation, which is on higher side. Hence, he
requests this Court to re-consider the said aspect.
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.7 of 2024 & 781 of 2023
4. In reply, the learned counsel appearing for the claimant would submit
that since the injured, whose one leg was amputated, is a paani-poori seller, he
cannot stand and carry on his business and that is the reason why the Tribunal
has rightly taken 90% as functional disability of the injured. Hence, he prays
this Court to confirm the same. Further, he request this Court to enhance the
quantum of compensation awarded by the Tribunal.
5. Heard the learned counsel for the appellant and also perused the
materials available on record.
6. In the present case, it appears that due to the accident, the injured had
sustained amputation of one leg and hence, the medical board has fixed the
disability as 85% and the Tribunal has taken 90% as functional disability while
awarding the compensation.
7.This Court is of the considered view that as a paani-poori seller, he has
to stand and carry on his business. However, now it is not possible for him to
stand for a long time. In such view of the matter, this Court feels that the
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.7 of 2024 & 781 of 2023
Tribunal had rightly took 90% as functional disability, which is just and
reasonable. Further, there is no need for any interference with the compensation
awarded by the Tribunal under any of the headings. Accordingly, the
compensation awarded vide decree and judgement dated 23.09.2021 stands
confirmed.
8. In the result, these civil miscellaneous appeals are dismissed. No cost.
Consequently, the connected miscellaneous petition is also closed.
9. Further, the insurance company is directed to deposit the entire award
amount along with interest at the rate of 7.5% and costs, less the amount already
deposited, if any, within a period of 8 weeks from the date of receipt of a copy of
this judgment, to the credit of MCOP.No.2069 of 2015 on the file of the Motor
Accident Claims Tribunal, II Small Causes Court, Chennai. Thereafter, the
Tribunal is directed to immediately transfer the entire amount to the bank
account of the injured by way of RTGS, within a period of 3 weeks from the
deposit and from the date of receipt of the Bank details obtained for the claimant
or application for withdrawal from the claimant, whichever is earlier. No costs.
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.7 of 2024 & 781 of 2023
08.01.2024
Index: Yes/No
Internet:Yes/No
Speaking order/Non-speaking order
nsa
To:
The Motor Accident Claims Tribunal,
II Small Causes Court, Chennai
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.7 of 2024 & 781 of 2023
KRISHNAN RAMASAMY,J.
nsa
C.M.A.Nos.7 of 2024 & 781 of 2023
08.01.2024
https://www.mhc.tn.gov.in/judis
