Madras High Court
Saran vs Abdul Rahman on 30 September, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.87 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.87 of 2024
Saran .... Appellant
vs.
1. Abdul Rahman
2. The United India Insurance Company Limited,
Third Party Hub, Silinghi Building
No.134, Greams Road, Chennai 600 006. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 30.06.2023 in
M.C.O.P.No.1029/2018 on the file of the Motor Accident Claims
Tribunal, Special Sub-court No.II, Court of Small Causes, Chennai.
For Appellants : Mr.S.P. Yuvaraj
For R2 : Mrs. R. Vijayakamala
1/9
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CMA.No.87 of 2024
JUDGMENT
The appellant is the claimant in M.C.O.P.No.1029/2018 on the
file of the Motor Accident Claims Tribunal, Special Sub-court No.II,
Court of Small Causes, Chennai, and he filed the claim petition under
Section 166 of the Motor Vehicles Act, 1988, seeking compensation of
Rs.15,00,000/- for the injuries sustained by him in a road accident that
occurred on 15.08.2017.
2. On 15.08.2017 the claimant was travelling as a pillion rider
in a motorcycle bearing Registration Number TN 03 S 7987, which was
driven by one Parthiban. Both of them were proceeding towards S.N.
Chetty Road, Chennai. At about 8 p.m., a speeding motorcycle bearing
Registration Number TN 06 R 4803 came in the opposite direction and hit
the two wheeler as a result of which both of them fell down and sustained
injuries all over their body and were immediately rushed to Government
Stanley Hospital, Chennai. While Parthiban died on the way to hospital,
the claimant was admitted in the hospital for 15 days and then discharged.
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3. According to the claimant, the rash and negligent driving of
the driver of the motorcycle bearing Registration Number TN 06 R 4803,
was the cause of the accident and that since the said vehicle was insured
with the second respondent, the United India Insurance Company
Limited, Chennai, the owner and the insurer are jointly and severally
liable to pay compensation to them.
4. In the Tribunal the owner of the motorcycle remained absent
and was set ex parte. The second respondent Insurance Company
resisted the claim petition on all the grounds available to the insurer under
Section 170 of the Motor Vehicles Act.
5. The Tribunal, after analysing the evidence on record,
fastened negligence on the part of the rider of the motorcycle bearing
Registration Number TN 06 R 4803, and directed the second respondent,
insurer of the said motorcycle, to pay compensation of Rs.2,96,500/- to
the claimant together with interest at the rate of 7.5% per annum from the
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date of petition till the date of realisation. The Tribunal also held that the
liability of the Insurance Company and the owner of the motorcycle is
joint and several.
6. Aggrieved over the quantum of compensation, the claimant
has filed the present appeal under Section 173 of the Motor Vehicles Act,
7. Heard Mr.S.P.Yuvaraj, learned counsel appearing for the
appellant and Mrs. R. Vijayakamala, learned counsel appearing for the
second respondent Insurance Company.
8. Mr.S.P.Yuvaraj, learned counsel for the appellant contended
that the Award passed by the Tribunal is not commensurate with the
injuries sustained by the claimant. He, therefore, prayed for enhancement
of compensation.
9. Per contra, Mrs. R. Vijayakamala, learned counsel appearing
for the second respondent Insurance Company contended that the
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Tribunal, after analysing the evidence on record, had awarded just
compensation and therefore the same need not be disturbed in the present
appeal.
10. A perusal of the discharge summary (Ex.P19) issued by the
Government Stanley Hospital, Chennai, shows that the claimant sustained
multiple injuries and the nature of injuries are shown as grievous. The
Medical Board attached to Government Royapettah Hospital, Chennai,
assessed the disability of the claimant as 40%. The Tribunal awarded a
sum of Rs. 2,00,000/- towards partial permanent disability by fixing
Rs.5,000/- per percentage of disability since there is no functional
disability. Considering the year of accident and the age of the claimant, a
sum of Rs.7,000/- per percentage of disability is awarded. Hence, a sum
of Rs.2,80,000/- is awarded towards partial permanent disability.
10.1. The following tabular column would show the amount
awarded by the Tribunal and the enhanced amount awarded by this Court
under various heads.
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S.No. Description Amount Amount
awarded by awarded by this
Tribunal (Rs.) Court (Rs.)
1. Partial permanent 2,00,000/- 2,80,000/-
disability (40x5000) (40x7000)
2. Pain and sufferings 50,000/- 50,000/-
3. Loss of Income 10,000/- 10,000/-
4. Extra nourishment 15,000/- 15,000/-
5. Transportation 4,000/- 4,000/-
charges
6. Attender charges 7,500/- 7,500/-
7. Loss of amenities 10,000/- 10,000/-
Total 2,96,500/- 3,76,500/-
10.2. Thus, the compensation awarded by the Tribunal is
enhanced to Rs.3,76,500/- that would carry interest at the rate of 7.5%
per annum.
11. In the result,
i. The Civil Miscellaneous Appeal is partly allowed. No costs.
ii. The compensation awarded by the Tribunal is enhanced to
Rs.3,76,500/-.
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iii. The appellant / claimant is directed to pay court fee for the
enhanced compensation amount, if any, and the Registry is directed
to draft the decree only after receipt of Court fee.
iv. The second respondent, the The United India Insurance Company
Limited,Chennai, is directed to deposit the enhanced compensation
amount of Rs.3,76,500/- (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.No.1029/2018 on the file of the Motor Accident Claims
Tribunal, Special Subcourt No.II, Court of Small Causes, Chennai,
within a period of four weeks from the date of receipt of a copy of
this order/uploading of this order.
v. On such deposit being made, the appellant/claimant is at liberty to
withdraw the same, after following due process of law.
30.09.2024
Index : Yes/No
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Speaking/Non-speaking order
bga
To
1. Motor Accident Claims Tribunal,
Special Subcourt No.II, Court of Small Causes, Chennai.
2. The United India Insurance Company Limited,
Third Party Hub, Silinghi Building
No.134, Greams Road, Chennai 600 006.
3. The Section Officer, VR Section, Madras High Court, Chennai.
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R.HEMALATHA, J.
bga
30.09.2024
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