Madras High Court
M/S. National Insurance Company ... vs R.Venkatesan on 23 October, 2024
Author: R. Hemalatha
Bench: R. Hemalatha
C.M.A.No.241 of 2017
and C.M.P.No.1561 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.10.2024
CORAM:
THE HONOURABLE MRS. JUSTICE R. HEMALATHA
CMA.No.241 of 2017
and
C.M.P.No.1561 of 2017
M/s. National Insurance Company Limited,
Salem - 1. ... Appellant
.Vs.
1.R.Venkatesan
2.S.Vijay Venkatesh
3.Maheswari
4.Shriram General Insurance Company Limited,
RICO Industrial Estate,
Jaipur, Rajasthan - 302 022. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 06.10.2012 in
M.C.O.P.195 of 2010 on the file of the Motor Accident Claims Tribunal, II
Additional Sub Court, Salem.
For Appellant : Mr.K.Padmanabhan
For RR1 to 3 : No appearance
For R4 : Ms.R.Sreevidhya
1/11
https://www.mhc.tn.gov.in/judis
C.M.A.No.241 of 2017
and C.M.P.No.1561 of 2017
JUDGMENT
The appellant, the National Insurance Company Limited, Salem,
is the second respondent in M.C.O.P.195 of 2010 on the file of the Motor
Accident Claims Tribunal, Salem. 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 30.08.2009.
2. The brief case of the claimant is as follows :
On 30.08.2009, the claimant was travelling as a passenger in a
bus bearing Registration Number TN-30-AD-5332 on Salem - Attur road.
The driver of the bus drove the bus in a rash and negligent manner and hit a
lorry bearing Registration Number TN-28-AD-2601, as a result of which,
the claimant sustained injuries. He was immediately rushed to Government
Hospital, Attur. After getting first aid in the said hospital, he got himself
admitted in Ganga Medical Centre and Hospital Private Limited,
Coimbatore, where he was treated as an inpatient for eleven days.
https://www.mhc.tn.gov.in/judis
3. According to the claimant, the rash and negligent driving of
the driver of the bus bearing Registration Number TN-30-AD-5332 was the
cause of the accident and that since the said bus was insured with the
present appellant, the National Insurance Company Limited, both the owner
of the bus and the insurer are jointly and severally liable to pay
compensation to him.
4. In the Tribunal, the owner of the bus, owner of the lorry and
the fourth respondent (insurer of the lorry) remained absent and were set ex
parte. The appellant, the National 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 06.10.2012, fastened
negligence on the part of the driver of the bus bearing Registration Number
TN-30-AD-5332 and further held that the owner of the bus and the insurer
are jointly and severally liable to pay compensation of Rs.4,17,865/- to the
claimant, together with interest at the rate of 7.5% per annum from the date
https://www.mhc.tn.gov.in/judis
of petition till the date of realisation. The Tribunal dismissed the claim
petition as against the owner of the lorry (third respondent) and its insurer
(fourth respondent).
6. Aggrieved over the quantum of compensation awarded by the
Tribunal, the present appeal is filed.
7. Heard Mr.K.Padmanabhan, learned counsel for the appellant
and Ms.R.Sreevidhya, learned counsel for the fourth respondent.
8. Mr.K.Padmanabhan, learned counsel for the appellant
contended that the Tribunal had awarded exorbitant amount of
Rs.2,00,000/- towards pain and sufferings and the same has to be scaled
down.
9. Though notice was served on the respondents 1 to 3 and their
names were also printed in the cause list, there is no representation on their
behalf.
https://www.mhc.tn.gov.in/judis
10. A perusal of the discharge summary (Ex.P3) issued by Ganga
Medical Centre and Hospital Private Limited, Coimbatore, shows that the
claimant had sustained the following injuries :
Diagnosis
Dept.No.H/1575/09
1. 2 days old operated case of fracture olecranon with tension
band wiring insitu
2. Comminuted fracture distal 1/3 of radius with K wire insitu
3. Multiple sutured wound present over posterior aspect of arm
and dorsum of forearm
4. 5 cm sutured wound present over dorsum of right wrist
He was admitted as an inpatient from 02.09.2009 to 12.09.2009.
Dr.V.Muthusamy (P.W.2) assessed the partial permanent disability of the
claimant as 45%. It is pertinent to point out that P.W.2 is not the doctor
who gave treatment to the claimant. Under this circumstance, the Tribunal
reduced the disability to 30%. Since there is no functional disability, the
Tribunal fixed a sum of Rs.2,000/- per percentage of disability and awarded
a sum of Rs.60,000/- towards partial permanent disability, which cannot be
said to be on the higher side. It is true that the Tribunal had awarded an
https://www.mhc.tn.gov.in/judis
exorbitant amount of Rs.2,00,000/- towards pain and sufferings and
therefore, it is scaled down to Rs.1,00,000/-. The following tabular column
would show the amount awarded by the Tribunal and the amount awarded
by this Court under various heads.
S.No Heads Amount awarded Amount
by Tribunal awarded by this
(Rs) Court
(Rs)
1. Transport to 5,000/- 5,000/-
Hospital
2. Extra nourishment 5,000/- 5,000/-
3. Pain and sufferings 2,00,000/- 1,00,000/-
4. Partial permanent 60,000/- 60,000/-
disability
5. Damage to clothes 1,000/- 1,000/-
6. Medical expenses 1,46,615/- 1,46,615/-
7. X-ray bill 250/- 250/-
TOTAL Rs.4,17,865/- Rs.3,17,865 /-
11. Thus, the compensation awarded by the Tribunal is hereby
scaled down to Rs.3,17,865/- 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 partly allowed. No costs.
Consequently, connected Civil Miscellaneous Petition is closed.
ii. The compensation awarded by the Tribunal is hereby scaled down
to Rs.3,17,865/-.
iii. The appellant, the National Insurance Company Limited is directed
to deposit the modified award amount i.e. Rs.3,17,865/- (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
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.195 of
2010 on the file of the Motor Accident Claims Tribunal, II
Additional Sub Court, Salem.
https://www.mhc.tn.gov.in/judis
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.
23.10.2024
Index : Yes/No
Speaking / Non-speaking order
mtl
https://www.mhc.tn.gov.in/judis
To
1.The Motor Accident Claims Tribunal,
II Additional Sub Court, Salem.
2.The Section Officer, VR Section, Madras High Court, Chennai.
3.Shriram General Insurance Company Limited,
RICO Industrial Estate,
Jaipur, Rajasthan - 302 022.
https://www.mhc.tn.gov.in/judis
R. HEMALATHA, J.
mtl
https://www.mhc.tn.gov.in/judis
23.10.2024
https://www.mhc.tn.gov.in/judis
