Madras High Court
Cholamandalam Ms General Insurance ... vs Arunranjith on 25 October, 2024
Author: R. Hemalatha
Bench: R. Hemalatha
C.M.A.No.265 of 2023
and C.M.P.No.2012 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.10.2024
CORAM:
THE HONOURABLE MRS. JUSTICE R. HEMALATHA
CMA.No.265 of 2023
and
C.M.P.No.2012 of 2023
Cholamandalam MS General Insurance Company Limited,
Represented by its Branch Manager,
Dare House, 2nd Floor,
No.2, NSC Bose Road,
Chennai - 600 001. ...Appellant
.Vs.
1.Arunranjith
2.V.Latha
...Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the Award dated 01.04.2022 in M.C.O.P.1564
of 2014 on the file of the Motor Accident Claims Tribunal, Tiruppur.
For Appellant : Ms.C.Harini
For Respondents : No appearance
1/9
https://www.mhc.tn.gov.in/judis
C.M.A.No.265 of 2023
and C.M.P.No.2012 of 2023
JUDGMENT
The appellant, the Cholamandalam MS General Insurance
Company Limited, is the second respondent in M.C.O.P.1564 of 2014 on
the file of the Motor Accident Claims Tribunal, Tiruppur. The first
respondent filed the claim petition under Section 166 of the Motor Vehicles
Act seeking compensation of Rs.32,00,000/- for the injuries sustained by
him in a road accident that took place on 25.09.2014.
2. The brief case of the claimant is as follows :
On 25.09.2014, the claimant was riding his two wheeler bearing
Registration Number TN-69-Q-8892 on Sevoor – Avinashi road. When he
was nearing Muthammal Nagar, a speeding Eicher van bearing Registration
Number TN-36-T-1599 hit his two wheeler, as a result of which, the
claimant fell down and sustained injuries. He was immediately rushed to
hospital.
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3. According to the claimant, the rash and negligent driving of
the driver of the Eicher van bearing Registration Number TN-36-T-1599
was the cause of the accident and that since the said vehicle was insured
with the present appellant, the Cholamandalam MS General Insurance
Company Limited, the owner of the vehicle and the insurer are jointly and
severally liable to pay compensation to him.
4. In the Tribunal, the owner of the Eicher van remained absent
and was set ex parte. The appellant, the Cholamandalam MS General
Insurance Company Limited contested the claim petition on all the grounds
available to the insurer under Section 170 of the Motor Vehicles Act.
5. The Tribunal, vide its orders dated 01.04.2022, fastened
negligence on the part of the driver of the Eicher van bearing Registration
Number TN-36-T-1599 and directed the appellant Insurance Company to
pay compensation of Rs.11,10,922/- to the claimant together with interest at
the rate of 7.5% per annum from the date of petition till the date of
realization in the first instance and then recover the same from the owner of
the vehicle on the same cause of action. (Pay and Recover)
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6. Aggrieved over the quantum of compensation awarded by the
Tribunal, the present appeal is filed.
7. Heard Ms.C.Harini, learned counsel appearing for the
appellant.
8. Ms.C.Harini, learned counsel appearing for the appellant
contended that though there is no functional disability the Tribunal had
adopted multiplier method and awarded exorbitant amount of Rs.7,77,600/-
towards loss of earning capacity. She therefore, prayed for scaling down the
award passed by the Tribunal.
9. Though notice was served on the respondents and their names
were also printed in the cause list, there is no representation on their behalf.
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10. A perusal of the records shows that the claimant had
sustained the following injuries :
Diagnosis :
"Head injury with left orbital fracture, left lateral
malleolus fracture, left clavicle fracture mid 1/3
communited, left shaft of femur fracture."
The Medical Board attached to Kovai Medical Centre and Hospital,
Coimbatore, assessed the partial permanent disability of the claimant as
68%. Since there is no functional disability, the Tribunal was wrong in
adopting multiplier method. The claimant was aged 19 years on the date of
accident and the accident took place in the year 2014. Considering the
same, a sum of Rs.5,000/- per percentage of disability is awarded.
Therefore, a sum of Rs.3,40,000/- (68 x 5000) is awarded towards partial
permanent disability.
10.1. According to the claimant, he was a helper in a bank
earning a sum of Rs.8,000/- per month. On account of the accident, the
appellant would not have been in a position to attend to his regular work
atleast for three months. Thus, a sum of Rs.24,000/- (8,000 x 3= 24,000) is
https://www.mhc.tn.gov.in/judis
awarded towards loss of income. The following tabular column would show
the amount awarded by the Tribunal and the amount awarded by this Court:
S.No Heads Amount awarded Amount
by Tribunal awarded by this
(Rs) Court
(Rs)
1. Partial permanent 7,77,600/- 3,40,000/-
disability (68 x 5000)
2. Medical bills 2,73,322/- 2,73,322/-
3. Pain and sufferings 15,000/- 15,000/-
4. Extra nourishment 15,000/- 15,000/-
5. Transportation 15,000/- 10,000/-
charges
6. Attendant charges 15,000/- 10,000/-
7. Loss of income ------ 24,000/-
(8,000 x 3)
TOTAL Rs.11,10,922/- Rs.6,87,322/-
11. Thus, the compensation awarded by the Tribunal is hereby
scaled down to Rs.6,87,322/- that would carry interest at the rate of 7.5%
per annum.
https://www.mhc.tn.gov.in/judis
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.6,87,322/-.
iii. The appellant, the Cholamandalam MS General Insurance Company
Limited is directed to deposit the modified award amount i.e.
Rs.6,87,322/- (less the amount already deposited) together with
interest at the rate of 7.5% per annum from the date of claim petition
till the date of deposit to the credit of M.C.O.P.1564 of 2014 on the
file of the Motor Accident Claims Tribunal, Principal Court,
Tiruppur, within a period of four weeks from the date of receipt of a
copy of this order / uploading of this order, in the first instance and
then recover the same from the owner of the vehicle on the same
cause of action. (Pay and Recover)
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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.
25.10.2024
Index : Yes/No
Speaking / Non-speaking order
mtl
To
1.The Motor Accident Claims Tribunal,
Principal Court, Tiruppur.
2.The Section Officer, VR Section, Madras High Court, Chennai.
https://www.mhc.tn.gov.in/judis
R. HEMALATHA, J.
mtl
25.10.2024
https://www.mhc.tn.gov.in/judis
