Madras High Court
Icici Lombard General Insurance Co. Ltd vs A. Rangasamy on 5 November, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
Civil Miscellaneous Appeal No.2922 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 5/11/2024
CORAM
THE HONOURABLE Mr.JUSTICE M.DHANDAPANI
C.M.A.No.2922 of 2024
and
C.M.P.No.24379 of 2024
ICICI Lombard General Insurance Co. Ltd
SIGMA Towers, I Floor,
29 – 35 Narayanasamy Layout
P.N.Palayam
Coimbatore District 641 037. ... Petitioner
Vs
1. A. Rangasamy
2. K. Satheesh Kumar
3. S. Kasilingam ... Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, against the judgment and decree dated
18/12/2019 in MCOP No.771 of 2017 on the file of the Motor Accident
Claims Tribunal (Special Subordinate Judge), Coimbatore.
For petitioner ... Mrs.R.Sreevidhya
For respondents ... Mr.S.P.Yuvaraj
for R.1
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Civil Miscellaneous Appeal No.2922 of 2024
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the Insurance
Company against the judgment and decree dated 18/12/2019 in MCOP
No.771 of 2017 on the file of the Motor Accident Claims Tribunal (Special
Subordinate Judge), Coimbatore.
2. The averments made in the affidavit filed in support of the Civil
Miscellaneous Appeal are as follows:-
On 2/11/2016 at about 5.45 a.m., when the first respondent was
crossing the road from east to west, on Kovai, Puliyakularm near
R.R.bakery, a two wheeler bearing Registration No.TN-37-BH-3889 driven
by the second respondent, came from north to south, in a rash and negligent
manner, dashed against the first respondent, thereby, the first respondent
had sustained right hip injury and multiple grievous injuries all over his
body. He was admitted as in-patient in Richmond Hospital, Coimbatore.
Hence, filed M.C.O.P.No.771 of 2017 before the Motor Accident Claims
Tribunal (Special Subordinate Judge), Coimbatore.
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3. Before the Tribunal, the claimant has examined himself as P.W.1
and marked Exs.P-1 to P-8. There is no oral or documentary evidence on
the side of the Insurance Company. On the basis of the oral and
documentary evidence, the Tribunal held that the claimant is entitled for
compensation of Rs.8,00,509/- along with interest at the rate of 7.5% p.a.,
from the date of petition till the date of its realization along with
proportionate costs. Being aggrieved, the Insurance Company has filed the
instant Civil Miscellaneous Appeal.
4. Heard Mrs.R.Sree Vidhya, learned counsel for the petitioner and
Mr.S.P.Yuvaraj, learned counsel for the first respondent.
5. Learned counsel appearing for the appellant Insurance Company
submitted that when the alleged injuries were not assessed in accordance
with Schedule – I of Workmen Compensation Act, multiplier method cannot
be accepted. Moreover, the claimant had not established that he had suffered
a permanent disability. Learned counsel appearing for the appellant
Insurance Company further submitted that the Doctor who assessed the
disability was not examined.
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6. The learned counsel appearing for the first respondent submitted
that in the alleged accident, injuries sustained by the claimant was caused
only by the rash and negligent driving by the second respondent. Hence,
claimant is entitled to claim compensation.
7. Perused the materials available on record.
8. As per petition averments, on 2/11/2016, at about 5.45 a.m., first
respondent was walking on Kovai, Puliyalularm, near R.R.bakery, the
second respondent came in a two wheeler bearing Registration No.TN-37-
BH-3889, in a rash and negligent manner, dashed against the first
respondent/claimant. At the time of accident, claimant was aged about 58
years, was earning Rs.10,000/- p.m., filed a claim petition before the Motor
Accident Claims Tribunal, Coimbatore. The trial Court, upon considering
the age and avocation of the claimant, fixed notional income as Rs.7,000/-
Following the dictum laid down by the Constitution Bench of the Apex Court
in NATIONAL INSURANCE COMPANY LTD Vs. PRANAY SETHI &
OTHERS (AIR 2017 SUPREME COURT 5157), the trial Court
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has come to the conclusion that the claimant is entitled to the future
prospects at the rate of 10%, as he was aged between 50 – 60 years, then the
total salary after adding future aspects is Rs.7,700/- p.m. However, the
adoption of multiplier method by the trial Court is wholly erroneous, as the
disability of the petitioner is only to the extent of 20%. Therefore, multiplier
method adopted by the trial Court cannot be sustained. Considering the
fact that the accident had taken place during the year 2016, this Court feels
that a sum of Rs.5,000/- per percentage on disability would be just and
reasonable. Accordingly, compensation towards disability is fixed at
Rs.1,00,000/- (20 x 50,000/-). In so far as the compensation awarded under
other heads viz., Medical bills, pain and suffering, loss of amenities, extra
nourishment, transport, damages to clothing and articles, this Court is of the
considered view that considering the nature of injuries and the treatment
taken by the petitioner, compensation awarded under the said heads are
reasonable and no interference is warranted. Hence, award passed by the
trial Court is modified as follows:-
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Heads Award of trial Award modified
Court by this Court
(in Rs.) (in Rs.)
Disability 1,66,320/- 1,00,000/-
Medical bills 1,09,189/- 1,09,189/-
Pain & suffering 3,00,000/- 1,00,000/-
Loss of amenities 2,00,000/- 30,000/-
Extra Nourishment 10,000/- 10,000/-
Transport 10,000/- 10,000/-
Damages to 5,000/- 5,000/-
clothing and
articles
8,00,509/- 3,64,189/-
The amount of compensation awarded by the Tribunal is reduced to
Rs.3,64,189/- as stated above.
9. In the result, this Civil Miscellaneous Appeal is partly allowed and
the order of Tribunal made in MCOP. No.771 of 2017 dated 18/12/2019 is
modified by reducing the compensation from Rs.8,00,509/- to Rs.3,64,189/-
with interest at the rate of 7.5% per annum from the date of claim petition till
the date of deposit. The appellant/insurance company is directed to deposit
the award amount as awarded by this Court less the amount, if any,
deposited along with interest, within a period of six weeks from the date of
receipt of a copy of this order. On such deposit being made, the Tribunal is
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directed to transfer the said amount to the bank account of the claimant
through RTGS within a period of two weeks, thereafter. No costs.
Consequently, connected Miscellaneous Petition is closed.
5/11/2024
mvs.
Note: Issue order copy on 6/11/2024
Index: Yes/No
Neutral Citation: Yes/No
To
The Motor Accident Claims Tribunal (Special Subordinate Judge),
Coimbatore.
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Civil Miscellaneous Appeal No.2922 of 2024
M.DHANDAPANI,J
mvs.
5/11/2024
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