Madras High Court
Gurumurthy vs Sudhakar on 18 September, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.1486 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.1486 of 2024
Gurumurthy .... Appellant
vs.
1. Sudhakar
2. Reliance General Insurance Company Limited
No.6, Haddows Road, 6th Floor
Nungambakkam, Chennai 600 006. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 17.12.2020 in
M.A.C.T.O.P.7187/2015 on the file of the Motor Accident Claims
Tribunal, V Court of Small Causes, Chennai.
For Appellant : Mr. K.V. Muhu Visakan
R1 : Notice dispensed with
For R2 : Mr. P. Suresh Srinivasan
1/9
https://www.mhc.tn.gov.in/judis
CMA.No.1486 of 2024
JUDGMENT
The appellant is the claimant in M.A.C.T.O.P.7187/2015 on the
file of the Motor Accident Claims Tribunal, V Court of Small Causes,
Chennai, and he filed the claim petition under Section 166 of the Motor
Vehicles Act, 1988 and Rule 3 of M.A.C.T Rules, seeking compensation
of Rs.10,00,000/- for the injuries sustained by him in a road accident that
took place on 14.08.2015.
2. The case of the claimant is that on 14.08.2015, he was riding
his motorcycle bearing Registration Number TN 05 AC 9997, on Josiyar
Street, New Colony, Nungambakkam and at about 17.00 hours, a
speeding car bearing Registration Number TN-01-AV-9822, belonging to
the first respondent, hit his two wheeler as a result of which he fell down
and sustained injuries all over his body. He was immediately rushed to a
hospital, where he took treatment as an outpatient.
2.1. According to the claimant, the rash and negligent driving of
the driver of the of the car bearing Registration Number TN-01-AV-9822
was the cause of the accident and that since the said car was insured with
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the second respondent, the Reliance General Insurance Company Limited,
Chennai, the owner and the insurer are jointly and severally liable to pay
compensation to him.
3. In the Tribunal 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-01-AV-9822 and further held that the owner of the car and
the insurer are jointly and severally liable to pay compensation of
Rs.1,60,400/- to the claimant together with interest at the rate of 7.5%
per annum from the date of the petition till the date of realisation, vide its
orders dated 17.12.2020.
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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.K.V. Muthu Visakan, learned counsel for the
appellant and Mr.P. Suresh Srinivasan, learned counsel for the second
respondent/Insurance Company.
7. Mr.K.V. Muthu Visakan, 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.
8. Per contra, Mr.P. Suresh Srinivasan, learned counsel
appearing second respondent/Insurance Company contended that the
Tribunal, after analysing the evidence on record, had awarded just
compensation and therefore the same need not be disturbed in the present
appeal.
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9. A perusal of the records shows that the claimant sustained
fracture on his right leg. The Regional Medical Board attached to Kilpauk
Medical College Hospital,Chennai, assessed the partial permanent
disability of the claimant as 23%. The Tribunal has awarded a sum of
Rs.69,000/- towards partial permanent disability by fixing a sum of
Rs.3,000/- per percentage of disability. Considering the age of the
claimant and the year of accident, a sum of Rs.4,000/- per percentage of
disability is awarded. Hence, a sum of Rs.92,000/- is awarded towards
partial permanent disability.
9.1. According to the claimant he was working as an Office
Assistant in a private concern earning a sum of Rs.15,000/- per month.
Since no satisfactory evidence was adduced by him to substantiate the
income, the Tribunal fixed the notional monthly income of the claimant as
Rs.10,000/-. The accident took place in the year 2015 and in the
circumstances, fixing the notional monthly income as Rs.12,000/- would
meet the ends of justice. On account of the accident, the claimant would
have been out of action atleast for three months and therefore, a sum of
Rs.36,000/- (12,000x3) is awarded towards loss of income.
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9.2. The following tabular column would show the amount
awarded by the Tribunal and the enhanced amount awarded by this Court
under various heads.
S.No. Description Amount Amount
awarded by awarded by this
Tribunal (Rs.) Court (Rs.)
1. Pain and sufferings 20,000/- 20,000/-
2. Extra nourishment 20,000/- 20,000/-
3. Partial Permanent 69,000/- 92,000/-
disability (23x3000) 23x4000)
4. Medical bills 382/- 382/-
5. Loss of Amenities 20,000/- 20,000/-
6. Damages to clothes 1,000/- 1,000/-
7. Loss of income for 30,000/- 36,000/-
3 months (10000x3) (12000x3)
Total 1,60,382/- 1,89,382/-
rounded off to
1,60,400/-
9.3. Thus, the compensation awarded by the Tribunal is
enhanced from Rs.1,60,400/- to Rs.1,89,382/- that would carry interest at
the rate of 7.5% per annum.
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10. In the result,
i. The Civil Miscellaneous Appeal is partly allowed. No costs.
ii. The compensation awarded by the Tribunal is enhanced from
Rs.1,60,400/- to Rs.1,89,382/-.
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 Reliance General Insurance Company
Limited, Chennai, is directed to deposit the enhanced compensation
amount of Rs.1,89,382/- (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.A.C.T.O.P.
7187/2015 on the file of the Motor Accident Claims Tribunal, V
Court of Small Causes, Chennai, within a period of four weeks from
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the date of receipt of a copy 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.
18.09.2024
Index : Yes/No
Speaking/Non-speaking order
bga
To
1. Motor Accident Claims Tribunal, V Court of Small Causes, Chennai.
2. Reliance General Insurance Company Limited
No.6, Haddows Road, 6th Floor
Nungambakkam, Chennai 600 006.
2. The Section Officer, VR Section, Madras High Court, Chennai.
https://www.mhc.tn.gov.in/judis
R.HEMALATHA, J.
bga
18.09.2024
https://www.mhc.tn.gov.in/judis
