Madras High Court
Saravanan vs Suresh Kumar on 11 September, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.1591 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.1591 of 2023
Saravanan .... Appellant
vs.
1. Suresh kumar
2. M/s. Iffco-Tokiyo General Insurance Company Limited
No.195, 3rd Floor
Tulsi Chambers,
T.V. Swamy Road, West R.S. Puram,
Coimbatore 641 002. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 21.02.2023 in
M.C.O.P.1364/2018 on the file of the Motor Accident Claims Tribunal,
Special Subordinate Court, Coimbatore.
For Appellant : Mr. G. Harshavarthan
for M/s. K. Sharath Chandran
R1 : No appearance
For R2 : Mr. J. Micheal Visuvasam
1/10
https://www.mhc.tn.gov.in/judis
CMA.No.1591 of 2023
JUDGMENT
The appellant is the claimant in M.C.O.P.1364/2018 on the file
of the Motor Accident Claims Tribunal, Special Subordinate Court,
Coimbatore, and he filed the claim petition under Section 166(1) of the
Motor Vehicles Act, 1988 seeking compensation of Rs.20,00,000/- for the
injuries sustained by him in a road accident that occurred on 21.04.2018.
2. The case of the claimant is that on 21.04.2018 he was riding
his Bajaj Discover Motorcycle bearing Registration Number TN-41-AH-
7404 on Pollachi-Palladam Road and at about 07.15 p.m., a Maruti
Suzuki Omni car bearing Registration Number TN 37 DZ 4762, belonging
to the first respondent came in the opposite direction and hit the two
wheeler as a result of which he fell down and sustained injuries all over
his body. He was immediately rushed to the Government Hospital,
Pollachi, and subsequently got himself admitted as an inpatient in One
Care Medical Centre, Coimbatore,where he took treatment for 75 days.
https://www.mhc.tn.gov.in/judis
2.1. According to the claimant, the rash and negligent driving of
the driver of the car bearing Registration Number TN 37 DZ 4762 was
the cause of the accident and that since the said car was insured with the
second respondent, the Iffco-Tokiyo General Insurance Company Limited,
the owner of the car and the insurer are jointly and severally liable to pay
compensation to him.
3. In the Tribunal the first respondent, the owner of the car
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.
4. The Tribunal after analysing the evidence on record fastened
negligence on the part of the driver of the car bearing Registration
Number TN 37 DZ 4762 . Since the first respondent, the owner of the car
did not have a valid driving license on the date of accident, the Tribunal
directed the second respondent Insurance Company to pay compensation
of Rs.7,58,222/- to the claimant together with interest at the rate of 7.5%
per annum from the date of petition till the date of realisation, in the first
https://www.mhc.tn.gov.in/judis
instance, and then recover the same from the first respondent, the owner
of the car, under the same cause of action, vide its orders dated
21.02.2023.
5. Aggrieved over the quantum of compensation awarded by the
Tribunal, the claimant has filed the present appeal under Section 173 of
the Motor Vehicles Act, 1988.
6. Heard Mr. G. Harshavarthan, learned counsel for the
appellant and Mr.J. Micheal Visuvasam, learned counsel for the
respondent/Insurance Company
7. Mr. Mr. G. Harshavrthan, learned counsel for the appellant
contended that though the Medical Board attached to Coimbatore Medical
College Hospital had assessed the partial permanent disability of the
claimant as 43%, the Tribunal has not awarded any amount towards
partial permanent disability. He therefore prayed for enhancement of
compensation.
https://www.mhc.tn.gov.in/judis
8. Per contra, Mr.J. Micheal Visuvasam, learned counsel
appearing for the second respondent/Insurance Company contended that
the Award passed by the Tribunal is based on the well laid down
principles of law which were in vogue at the time of passing of the order
and therefore, the same need not be disturbed.
9. It is seen from the report of the Medical Board (Ex.C1) that
the claimant had sustained 43% disability. However, the Medical Board
in its report had observed thus:
"X-Rays 21/2/22 - United fracture mid shaft of right radius
plates and screw on sides.
United fracture both bone proamel and mid shaft right leg
O/E
Right elbow and wrist rom - full
Deep scar on anterolateral aspect of proximal leg.
Anterior knee pain.
Not able to squat.
On evaluation orthopedic disability is 033% (thirty three)
Plastic surgery disability is 015% (fifteen)
https://www.mhc.tn.gov.in/judis
On evaluation he is found to have locomotor disability, post
traumatic sequela, Right upper and lower limb, facial
injury. Combined disability is 043% (forty three)"
When the bones are united and the movements are also not restricted, it
cannot be stated that there is a functional disability warranting multiplier
method. At the same time the Medical Board had stated that the claimant
had sustained 15% of disability on account of plastic surgery. This cannot
be added in the total disability and therefore 33% of orthopedic disability
is taken up for the purpose of calculating loss of partial permanent
disability. The age of the claimant was 54 years and the accident took
place in the year 2018. Considering the same, awarding Rs.7,000/- per
percentage of disability would meet the ends of justice. Hence, a sum of
Rs.2,31,000/- (33 x 7000) is awarded towards partial permanent
disability.
9.1. The following tabular column would show the amount
awarded by the Tribunal and the enhanced amount awarded by this Court
under various heads.
https://www.mhc.tn.gov.in/judis
S.No. Description Amount Amount
awarded by awarded by this
Tribunal (Rs.) Court (Rs.)
1. Partial permanent - 2,31,000/-
disability (33x7000)
2. Pain and sufferings 1,00,000/- 1,00,000/-
3. Loss of amenities 50,000/- 50,000/-
4. Loss of income 80,000/- 80,000/-
5. Medical bills 4,13,222/- 4,13,222/-
6. Attender charges 40,000/- 40,000/-
7. Extra nourishment 50,000/- 50,000/-
8. Transportation 20,000/- 20,000/-
charges
9. Damages to clothes 5,000/- 5,000/-
7,58,222/- 9,89,222/-
9.2. Thus, the compensation awarded by the Tribunal is
enhanced from Rs.7,58,222/- to Rs.9,89,222/- which would carry interest
at the rate of 7.5% per annum.
10. In the result,
i. The Civil Miscellaneous Appeal is partly allowed. No costs.
ii. The compensation awarded by the Tribunal is enhanced from
https://www.mhc.tn.gov.in/judis
Rs.7,58,222/- to Rs.9,89,222/-
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 Iffco-Tokiyo General Insurance
Company Limited, is directed to deposit the enhanced compensation
amount of Rs.9,89,222/- (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, in the first instance, to the
credit of M.C.O.P.1364/2018 on the file of the Motor Accident
Claims Tribunal, Special Subordinate Court, Coimbatore, within a
period of four weeks from the date of receipt of a copy of this order
and then recover the same from the first respondent, the owner of
the car under the same cause of action.
v. On such deposit being made, the appellant/claimant is at liberty to
withdraw the same, after following due process of law.
11.09.2024
Index : Yes/No
https://www.mhc.tn.gov.in/judis
Speaking/Non-speaking order
bga
To
1. Motor Accident Claims Tribunal,
Special Subordinate Court, Coimbatore.
2. M/s. Iffco-Tokiyo General Insurance Company Limited
No.195, 3rd Floor
Tulsi Chambers,
T.V. Swamy Road, West R.S. Puram,
Coimbatore 641 002.
3. The Section Officer, VR Section, Madras High Court, Chennai.
https://www.mhc.tn.gov.in/judis
R.HEMALATHA, J.
bga
11.09.2024
https://www.mhc.tn.gov.in/judis
