Madras High Court
Manager vs Gnanambal on 2 September, 2024
Author: R. Hemalatha
Bench: R. Hemalatha
C.M.A.No.2303 of 2024
and C.M.P.No.17990 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.09.2024
CORAM:
THE HONOURABLE MRS. JUSTICE R. HEMALATHA
CMA.No.2303 of 2024
and
C.M.P.No.17990 of 2024
Manager,
Reliance General Insurance Company Limited,
Reliance Center South Wing, 4th Floor
Office : Western Express Highway,
Santacruz East, Mumbai,
Maharashtra - 400 055. ...Appellant
.Vs.
1.Gnanambal
2.Natarajan ...Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 27.01.2023 in
M.C.O.P.147 of 2020 on the file of the Motor Accidents Claims Tribunal,
Subordinate Court, Rasipuram.
For Appellant : Ms.C.Bhuvanasundari
For R1 : Mr.S.P.Yuaraj
1/8
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C.M.A.No.2303 of 2024
and C.M.P.No.17990 of 2024
JUDGMENT
The appellant, the Reliance General Insurance Company Limited
is the second respondent in M.C.O.P.147 of 2020 on the file of the Motor
Accidents Claims Tribunal, Subordinate Court, Rasipuram. The first
respondent filed the above said claim petition under Section 166 of the
Motor Vehicles Act seeking compensation of Rs.18,00,000/- for the injuries
sustained by her in a road accident that took place on 14.01.2020.
2. The brief case of the claimant is as follows:
On 14.01.2020, the claimant was travelling in a Maruthi Car
bearing Registration Number TN-28-AZ-5555 on Karur - Namakkal
National Highway. The driver of the car drove the vehicle rashly and
negligently, as a result of which, the car fell down on the left hand side of
the road and the claimant sustained grievous injuries. She was immediately
rushed to Akshaya Hospital, Namakkal. After getting first aid, she got
herself admitted in Ganga Hospital, Coimbatore where she was treated as
an inpatient for about three months.
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3. According to the claimant, the rash and negligent driving of
the driver of the car bearing Registration Number TN-28-AZ-5555
belonging to the second respondent (in the instant appeal) 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 car (second respondent) and the insurer are jointly and severally liable
to pay compensation to her.
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 after analysing the evidence on record, fastened
negligence on the part of the driver of the car and directed the appellant
Insurance Company to pay compensation of Rs.18,16,324/- to the claimant
together with interest at the rate of 7.5% per annum from the date of
petition till the date of realization, vide its orders dated 27.01.2023.
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6. Questioning the quantum of compensation awarded by the
Tribunal, the appellant, the Reliance General Insurance Company Limited
has filed the present appeal under Section 173 of the Motor Vehicles Act,
1988.
7. Heard Ms.C.Bhuvanasundari, learned counsel for the appellant
and Mr.S.P.Yuaraj, learned counsel for the first respondent.
8. Ms.C.Bhuvanasundari, learned counsel appearing for the
appellant would contend that the claimant had sustained injuries on her
right hand, left leg and left hip and the Tribunal had awarded an exorbitant
amount of Rs.5,00,000/- towards pain and sufferings and Rs.25,000/-
towards loss of amenities and therefore, the same should be scaled down.
9. Per contra, Mr.S.P.Yuaraj, learned counsel appearing for the
first respondent contended that the Award passed by the Tribunal is based
on the well laid down principles of law and therefore, the same need not be
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disturbed.
10. The Medical Board had assessed partial permanent disability
of the claimant as 61% and the disability certificate was marked as Ex.C1.
The Tribunal was right in awarding Rs.5,000/- per percentage, since there is
no functional disability. The claimant had sustained fracture on her left leg,
right hand and left hip. However, the Tribunal had awarded a sum of
Rs.5,00,000/- towards pain and sufferings and Rs.60,000/- towards loss of
income. In the opinion of this Court, these amounts are on the higher side
and therefore, it is scaled down to Rs.1,00,000/- towards pain and
sufferings and Rs.30,000/- towards loss of income. 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. Pain and sufferings 5,00,000/- 1,00,000/-
2. Extra nourishment 25,000/- 25,000/-
3. Transportation 25,000/- 25,000/-
charges
4. Loss of income 60,000/- 30,000/-
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S.No Heads Amount awarded Amount
by Tribunal awarded by this
(Rs) Court
(Rs)
5. Loss of amenities 25,000/- 25,000/-
6. Disability 3,05,000/- 3,05,000/-
7. Attendant charges 25,000/- 25,000/-
8. Medical expenses 8,51,324/- 8,51,324/-
TOTAL Rs.18,16,324/- Rs.13,86,324/-
11. Thus, the compensation awarded by the Tribunal is hereby
scaled down to Rs.13,86,324/- from Rs.18,16,324/- and the said amount
would carry interest at the rate of 7.5% per annum from the date of petition.
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.13,86,324/-.
iii. The appellant, the Reliance General Insurance Company Limited is
directed to deposit the modified award amount i.e. Rs.13,86,324/-
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(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 to the credit of M.C.O.P.147 of 2020 on the file of
the Motor Accidents Claims Tribunal, Subordinate Court,
Rasipuram.
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.
02.09.2024
Index : Yes/No
Speaking / Non-speaking order
mtl
To
The Section Officer, VR Section, Madras High Court, Chennai.
https://www.mhc.tn.gov.in/judis
R. HEMALATHA, J.
mtl
02.09.2024
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