Madras High Court
Royal Sundaram Alliance General ... vs Gandhi on 5 June, 2025
C.M.A.Nos.155 & 1584 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.06.2025
CORAM
THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI,J.
C.M.A.Nos.155 and 1584 of 2022 and
C.M.P. No.1150 of 2022
C.M.A. No. 155 of 2022
Royal Sundaram Alliance General Insurance
Company Limited,
Sundaram Towers,
No.46, Whites Road,
Royapettah, Chennai 600 014. …Appellant
Vs.
1. Gandhi
2. Krishna Ramasamy
3. Ramasamy Gounder
4. National Insurance Company Limited,
Branch Office at Thanthai Periyar Complex,
Old Bus Stand Near, Salem 1. …Respondents
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/06/2025 01:59:22 pm )
C.M.A.Nos.155 & 1584 of 2022
C.M.A. No.1584 of 2022
Gandhi ... Appellant
vs.
1. Krishna Ramasamy
2. Royal Sundaram Alliance General Insurance
Company Limited,
Sundaram Towers, No.46, Whites Road
Royapettah, Chennai 600 014.
3. Ramasamy Gounder
4. National Insurance Company Limited,
Branch Office at Thanthai Periyar Complex
Near Old Bus Stand, Salem 1.
Prayer in C.M.A. No.155 of 2022 : This Civil Miscellaneous Appeal is filed
under Section 173 of Motor Vehicles Act,1988, against the judgment and
decree dated 25.04.2019 passed in M.C.O.P. No. 877/2011 on the file of the
Motor Accidents Claims Tribunal, Sub Court, Sankagiri.
Prayer in C.M.A. No.1584 of 2022 : This Civil Miscellaneous Appeal is
filed under Section 173 of Motor Vehicles Act,1988, against the judgment
and decree dated 25.04.2019 passed in M.C.O.P. No. 877/2011 on the file of
the Motor Accidents Claims Tribunal, Sub Court, Sankagiri.
2/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/06/2025 01:59:22 pm )
C.M.A.Nos.155 & 1584 of 2022
Appearance
In C.M.A. No.155 of 2022
For Appellant : Mr.G. Vasudevan
For Respondents : Mr.R. Navaneetha Krishnan for R1
Ms. N.B. Surekha for R4
R3 - died
R2 - Not ready in notice.
In C.M.A. No.1584 of 2022
For Appellant : Mr.R. Navaneetha Krishnan
For Respondents : Mr.G. Vasudevan for R2
Ms. N.B. Surekha for R4
R1 - No appearance
R3 - died
COMMON JUDGMENT
Appeal in C.M.A. No.155 of 2022 has been preferred by the
Insurance Company against the Award dated 25.04.2019 passed in M.C.O.P.
No. 877/2011 on the file of the Motor Accidents Claims Tribunal, Sub Court,
Sankagiri, on the ground that the quantum awarded by the Tribunal is highly
excessive and unsustainable in law. The learned counsel appearing for the
appellant in the said appeal submits that the accident was caused due to the
https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/06/2025 01:59:22 pm )
C.M.A.Nos.155 & 1584 of 2022
contributory negligence of the driver of the bus and therefore, the Award
ought to be proportionately reduced.
2. Appeal in C.M.A. No.1584 of 2022 has been filed by the
claimant against the Award dated 25.04.2019 passed in M.C.O.P. No.
877/2011 on the file of the Motor Accidents Claims Tribunal, Sub Court,
Sankagiri, on the ground that the Award passed by the Tribunal is very low.
The learned counsel appearing for the appellant in the said appeal submits
that in the said accident the claimant suffered right temporal fracture in the
head and multiple fractures in the ribs and clavicle region and that the
claimant has lost his vision, speech and movements and is undergoing
physiotherapy for mobility. Due to the said injuries, the claimant lost his
avocation. However, the Tribunal had awarded a sum of Rs.16,00,000/-
which is very low and requires consideration by this Court.
3. Upon perusing the Award passed by the Tribunal, it is seen that
the Tribunal has considered the medical records and the disability certificate
of the claimant and assessed the percentage of disability at the rate of 15%
https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/06/2025 01:59:22 pm )
C.M.A.Nos.155 & 1584 of 2022
and applied multiplier method following the guidelines set out by the Hon'ble
Apex Court.
4. Considering the facts and circumstances of this case and after
perusing the Award passed by the Tribunal, this Court comes to a conclusion
that the Tribunal has awarded a just compensation as per law and hence, there
is no need to dislodge the observations made by the Tribunal.
5. In the result, both the Civil Miscellaneous Appeals are dismissed.
No costs. Consequently connected miscellaneous petition is closed.
05.06.2025
bga
Internet:Yes/No
Index:Yes/No
Speaking/Non-speaking order
https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/06/2025 01:59:22 pm )
C.M.A.Nos.155 & 1584 of 2022
K.GOVINDARAJAN THILAKAVADI, J.
bga
To
1. Motor Accidents Claims Tribunal, Sub Court, Sankagiri.
2. The Section Officer,
VR Section,
High Court, Madras.
C.M.A.Nos.155 and 1584 of 2022 and
05.06.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/06/2025 01:59:22 pm )
