Madras High Court
United India Insurance Company Limited vs Akilarani on 17 October, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.514 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.10.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.514 of 2023 and
C.M.P. No.4497 of 2023
United India Insurance Company Limited,
"Silingi Building"
New No.134, Old No.40-42
Greams Road, Chennai 600 006 ... Appellant
vs.
1.Akilarani
2. R. Balaji ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 14.02.2020 in
M.C.O.P.983/2009 on the file of the Motor Accident Claims Tribunal, VI
Court, Chennai.
For Appellant : Mr. C. Paranthaman
For Respondents: No appearance
1/8
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CMA.No.514 of 2023
JUDGMENT
The appellant, the United India Insurance Company Limited,
Chennai, is the second respondent in M.C.O.P. 983/2009 on the file of
the Motor Accident Claims Tribunal, VI Court of Small Causes, Chennai.
2. The first respondent filed the abovesaid claim petition under
Section 166 of the Motor Vehicles Act and Rule 3 of MACT Rules
seeking compensation of Rs.15,00,000/- for the injuries sustained by her
in a road accident that occurred on 23.11.2008.
3. According to the claimant, on 23.11.2008 she was travelling
as a pillion rider in a motorcycle bearing Registration Number TN-05-J-
8646 on Kolathur-Ambattur Road, Chennai and as the rider of the two
wheeler drove the vehicle in a rash and negligent manner she fell down
and sustained injuries all over her body. She was immediately rushed to
D.R.J. Hospital, Kolathur, Chennai, where she was treated as an
inpatient.
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4. According to the claimant, the accident took place due to the
rash and negligent driving of the rider of the motorcycle bearing
Registration Number TN-05-J-8646 and that since the said vehicle was
insured with the present appellant, the United India Insurance Company
Limited, the owner and the insurer are jointly and severally liable to pay
compensation to her.
5. In the Tribunal, the owner of the motorcycle remained absent
and was set exparte. The appellant/Insurance Company resisted the claim
petition on all the grounds available to the insurer under Section 170 of
the Motor vehicles Act.
6. The Tribunal, after analysing the evidence on record,
fastened negligence on the part of the rider of the two wheeler bearing
Registration Number TN-05-J-8646 and directed the appellant to pay
compensation of Rs.5,83,000/- to the claimant together with interest at
the rate of 7.5% per annum from the date of petition till the date of
realisation. The Tribunal further held that the liability of the owner of the
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two wheeler and the insurance company is joint and several.
7. Aggrieved over the orders passed by the Tribunal, the present
appeal has been filed by the United India Insurance Company Limited.
8. Heard Mr. C. Paranthaman, learned counsel appearing for the
appellant. No representation for the respondents.
9. Mr. C. Paranthaman, learned counsel for the appellant
Insurance Company contended that the rider of the two wheeler was the
son of the claimant and therefore, the Insurance Company cannot be held
liable to pay compensation to the claimant. His further contention is that
the Tribunal had awarded an exorbitant amount of Rs.5,83,000/- to the
claimant and therefore, the same has to be scaled down.
10. It is seen that though notices were served on the
respondents, they did not appear before this Court either in person or
through a counsel. A perusal of the records shows that the claimant is the
mother of the rider of the two wheeler and FIR (Ex.P1) in Crime No.
78/TMI/09 was registered by V-5 Thirumangalam Traffic Investigation
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Wing against the rider of the two wheeler for the offences punishable
under Sections 337 IPC and 184 of the Motor Vehicles Act. The police
also, after conducting investigation, laid a final report against the rider of
the two wheeler before the VI Metropolitan Magistrate, Chennai. The
rider of the two wheeler pleaded guilty of the abovesaid offences and paid
the fine amount. The Tribunal, after considering these aspects, had
fastened negligence on the part of the rider of the two wheeler. In the
circumstances, the contention of the counsel for the Insurance Company
that since the rider happens to be the son of the claimant, the Insurance
Company is not liable to pay compensation cannot be accepted.
Quantum
10.1. It is seen from the records that the claimant had sustained
the following injuries:
i. Severe head injury.
ii. Fracture in the temporal bone.
iii. Hemorrhage in the left brain.
iv. Frontoparietal subudural Hematoma and right parietal Burrhole.
Dr. Saravanabavanantham (P.W.2), Surgeon (General Surgery, Trauma,
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Neuro Surgery), Government Stanley Hospital, Chennai, had assessed the
permanent disability of the claimant as 55%. The Tribunal after analysing
the medical records, had fixed 25% of functional disability, adopted
multiplier method and awarded a sum of Rs.3,78,000/- towards functional
disability. The Tribunal had also awarded the following amounts under
various heads.
S.No. Head Amount granted
by Tribunal
1. Functional Disability Rs.3,78,000/-
2. Pain and sufferings Rs.25,000/-
3. Extra nourishment Rs.20,000/-
4. Transportation Rs.10,000/-
5. Damages to chothes Rs.1,000/-
6. Attender charges (21x500) Rs.10,500/-
7. Medical expenses Rs.1,08,518.88/-
8. Loss of amenities Rs.30,000/-
Total Rs.5,83,018.88/-
Rounded off to
Rs.5,83,000/-
The Award passed by the Tribunal cannot be said to be exorbitant and
therefore the present appeal stands dismissed.
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11. In the result,
i. The Civil Miscellaneous Appeal is dismissed. No costs.
Consequently connected miscellaneous petition is closed.
ii. The Award passed by the Tribunal is confirmed.
iii. The appellant/Insurance company is directed to deposit a sum of
Rs.5,83,000/- (less the amount already deposited) with interest at
the rate of 7.5% 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/uploading of this order, to the credit
of M.C.O.P.983/2009 on the file of the Motor Accident Claims
Tribunal, VI Court of Small Causes, Chennai.
iv. On such deposit being made, the first respondent is at liberty to
withdraw the same after filing a proper petition for withdrawal.
17.10.2024
Index : Yes/No
Speaking/Non-speaking order
Neutral Citation : Yes / No
bga
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R.HEMALATHA, J.
bga
To
1. Motor Accident Claims Tribunal, VI Court of Small Causes, Chennai.
2. The Section Officer, VR Section, Madras High Court, Chennai.
C.M.A.No.514 of 2023 and
17.10.2024
https://www.mhc.tn.gov.in/judis
