Madras High Court
The Branch Manager vs Kannan on 19 October, 2024
Author: R. Hemalatha
Bench: R. Hemalatha
C.M.A.No.1318 of 2020
and C.M.P.No.9536 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.10.2024
CORAM:
THE HONOURABLE MRS. JUSTICE R. HEMALATHA
CMA.No.1318 of 2020
and
C.M.P.No.9536 of 2020
The Branch Manager,
Reliance General Insurance Company Limited,
B.O.:15 (Old)/29 (New), North Usman Road,
T.Nagar, Chennai – 600 017.
B.O.: Shri Lakshmi Complex, 1st Floor,
Bharathi Street, Omalur Main Road, Salem – 4. ...Appellant
.Vs.
1.Kannan
2.A.Malaiarasan ...Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 28.01.2020 in
M.C.O.P.460 of 2019 on the file of the Motor Accident Claims Tribunal,
Special Sub Court No.II, Salem.
For Appellant : Ms.C.Bhuvanasundari
For R1 : Mr.R.Navaneetha Krishnan
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C.M.A.No.1318 of 2020
and C.M.P.No.9536 of 2020
JUDGMENT
The appellant, the Reliance General Insurance Company Limited
is the second respondent in M.C.O.P.460 of 2019 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.20,00,000/- for the injuries sustained by him in a road
accident that took place on 18.11.2018.
2. The brief case of the claimant is as follows :
On 18.11.2018, the claimant was riding his two wheeler bearing
Registration No. TN-30-BY-1198 on Danishpet – Ramamoorthy Nagar
road. When he was nearing Boomiyampatti Forest, a speeding car bearing
Registration Number TN-90-C-8794 hit his two wheeler, as a result of
which, the claimant fell down and sustained injuries all over his body. He
was immediately rushed to Government Hospital, Omalur. After getting
first aid in the said hospital, he got himself admitted in Ganga Medical
Centre and Hospitals Private Limited, Coimbatore, where he was treated as
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an inpatient for nineteen days.
3. According to the claimant, the rash and negligent driving of
the driver of the car bearing Registration Number TN-90-C-8794 was the
cause of the accident and that since the said car was insured with the
present appellant, the Reliance 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 car remained absent and was
set ex parte. The appellant, the Reliance 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 28.01.2020, fastened
negligence on the part of the driver of the car bearing Registration Number
TN-90-C-8794 and directed the appellant, Insurance Company to pay
compensation of Rs.8,24,769/- to the claimant together with interest at the
rate of 7.5% per annum from the date of petition till the date of realization.
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The Tribunal also held that the liability of the owner of the car and the
insurer are joint and several.
6. The present appeal is filed questioning the quantum of
compensation awarded by the Tribunal.
7. Heard Ms.C.Bhuvanasundari, learned counsel for the appellant
and Mr.R.Navaneetha Krishnan, learned counsel for the first respondent.
8. A perusal of the discharge summary (Ex.P4) issued by Ganga
Medical Centre and Hospitals Private Limited, Coimbatore, shows that the
claimant had sustained the following injuries :
i. Type I open fracture right distal ulna with comminuted right distal
radius fracture
ii. Closed left distal radius fracture
iii. Closed right PCL avulsion with comminuted fracture
iv. Lacerated wound right thigh
v. Head injury ; scalp abrasion
He was admitted as an inpatient from 18.11.2018 to 06.12.2018. The
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Medical Board attached to Government Hospital, Salem, assessed the
partial permanent disability of the claimant as 30%. Since there is no
functional disability, the Tribunal fixed a sum of Rs.3,000/- per percentage
of disability and awarded a sum of Rs.90,000/- towards partial permanent
disability. Considering the age of the claimant and the year of accident, a
sum of Rs.7,000/- per percentage of disability is awarded. Therefore, a sum
of Rs.2,10,000/- (30 x 7000) is awarded towards partial permanent
disability.
9. The Tribunal had awarded exorbitant amounts for pain and
sufferings, loss of amenities, future medical expenses, loss of income,
transportation charges, extra nourishment and attendant charges. In the
opinion of this Court, these amounts have to be scaled down. 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 90,000/- 2,10,000/-
disability (30x7000)
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S.No Heads Amount awarded Amount
by Tribunal awarded by this
(Rs) Court
(Rs)
2. Pain and sufferings 40,000/- 20,000/-
3. Loss of amenities 50,000/- 10,000/-
4. Medical bills 3,75,769/- 3,75,769/-
5. Future medical 75,000/- 25,000/-
expenses
6. Loss of income 88,000/- 33,000/-
(11,000 x 3)
7. Transportation 30,000/- 10,000/-
8. Extra nourishment 50,000/- 10,000/-
9. Attendant charges 25,000/- 10,000/-
10. Damage to clothes 1,000/- 1,000/-
TOTAL Rs.8,24,769/- Rs.7,04,769/-
10. Thus, the compensation awarded by the Tribunal is hereby
scaled down to Rs.7,04,769/- which would carry interest at the rate of 7.5%
per annum.
11. In the result,
i. The Civil Miscellaneous Appeal is allowed. No costs. Consequently,
connected Civil Miscellaneous Petition is closed.
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ii. The compensation awarded by the Tribunal is hereby scaled down
to Rs.7,04,769/-.
iii. The appellant, the Reliance General Insurance Company Limited is
directed to deposit the modified award amount i.e. Rs.7,04,769/- (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.460 of 2019 on the file of the Motor Accident Claims
Tribunal, Special Sub Court No.II, Salem.
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.
19.10.2024
Index : Yes/No
Speaking / Non-speaking order
mtl
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To
1.The Motor Accident Claims Tribunal,
Special Sub Court No.II, Salem.
2.The Section Officer, VR Section, Madras High Court, Chennai.
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R. HEMALATHA, J.
mtl
19.10.2024
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