Madras High Court
Shriram General Insurance Co vs Kasinathan on 27 October, 2025
C.M.A.No.3059 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.10.2025
CORAM:
THE HONOURABLE Mrs. JUSTICE R.KALAIMATHI
C.M.A.No.3059 of 2025
and
CMP.No.25717 of 2025
Shriram General Insurance Co., Ltd.,
I Floor, Plot No.5, Ramachandran Street,
Saravana Nagar, Seevaram, Perungudi,
Chennai 600 096. ... Appellant
vs.
1.Kasinathan
2.Edith Gilles ... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, to set aside the Order and Decretal order dated
06.01.2025 passed in M.C.O.P.No.67 of 2021 on the file of the Motor
Accident Claims Tribunal, Special District Court No.1, Cuddalore.
For Appellant : Mr.Siva Kolappan.B
JUDGMENT
This Civil Miscellaneous Appeal has been preferred by the
Insurance Company against the Award dated 06.01.2025 made in
M.C.O.P.No.67 of 2021 on the file of Special Subordinate Court No.1( to
deal with MCOP cases) Cuddalore as regards quantum.
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2. The only ground putforth by the learned counsel for the
appellant/Insurance Company is that the claimant would suffer fracture
over right leg, fracture of left clavicle 2 to 5 and the District Medical
Board assessed his disability as 55%. For pain and suffering, a sum of
Rs.3,00,000/- is granted by the Tribunal is on the higher side.
3. As per Ex.P.2 – Accident Register issued by the Government
Head Quarters Hospital, Cuddalore soon after the accident, the claimant
had been admitted at the Government Hospital, Cuddalore. Thereafter
the claimant was admitted on 01.12.2020 as an inpatient and discharge
summary issued by Kannan Hospital, Cuddalore and he was discharged
on 07.12.2020. Due to road traffic accident, he has suffered
subarachnoid hemorrhage over right frontal and right temporal and
suffered fracture of 2 to 5 rib bones on the left side.
4. As per Ex.P4 – Discharge summary issued by Lakshmi
Hospital, Cuddalore, the claimant also suffered fracture of tibial condylar
fracture of right knee. It appears that external fixator was done and on
20.01.2021 the same was removed through surgery. For all the injuries
and rib fractures on the left side, the District Medical Board assessed
the disability as 55%. The Tribunal has taken the above said disability
as functional disability and granted a sum of Rs.5,000/- per percentage
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since the claimant had undergone surgery is twice in respect of fracture
of leg and the relevant point of time, the claimant was aged about 75
years.
5. In consideration of the above said injuries, the Tribunal has
granted a sum of Rs.3,00,000/- for pain and suffering, which is
reasonable and acceptable, and it needs no interference by this Court.
6. This Court is of the considered view that the amounts awarded
by the Tribunal, in consideration of the above said details, does not
warrant any interference by this Court. This Court also does not find
any infirmity or perversity in the findings of the Tribunal.
7. In the result,
(i) The Civil Miscellaneous Appeal stands dismissed.
(i) Sequel to this, the Award dated 06.01.2025
passed by the Motor Accident Claims Tribunal,
Special Subordinate Court No.1, Cuddalore in
M.C.O.P.No.67 of 2021 stands confirmed.
(ii) The Appellant / Insurance Company is directed
to deposit the award amount i.e., Rs.9,07,000/-
(less the amount already deposited if any)
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R.KALAIMATHI, J.
kkd
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.67 of 2021
on the file of Special District Court No.1, (to deal
with MCOP cases) Cuddalore, within a period of
eight weeks from the date of receipt of a copy of
this Judgment.
(iii)On such deposit being made, the first
respondent/claimant may withdraw the same
along with interest and costs by filing necessary
application before the Tribunal.
(iv)There is no order as to costs. Consequently,
connected miscellaneous petition if any, stands
closed.
27.10.2025
Index : Yes/No
Speaking / Non-speaking order
kkd
To:
The Motor Accident Claims Tribunal,
Special District Court No.1, Cuddalore.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/11/2025 04:02:28 pm )
