High Court · 2018

C.M.A.No.723 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 29.07.2025CORAM:THE HONOURABLE Mrs. JUSTICE T.V.THAMILSELVIC.M.A.No.723 of 2025and CMP.No.5721 of 2025The Manager,M/s.National Insurance Company Limited,Third Party Claims Office,No.66, Greams Road,Chennai-600 006. .. Appellant Vs. 1. Mohammed Hidayathullah2. Moorthy ..Respondents Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the Judgment and Decree dated 20.03.2024 made in M.C.O.P.No.130 of 2019 on the file of Motor Accidents Claims Tribunal, (VI Court of Small Causes) at Chennai.For Appellant : Mr.J.Michael VisuvasamFor Respondents: M/s.U.Chithambaram for R1 R2-NDW 1/8 https://www.mhc.tn.gov.in/judis C.M.A.No.723 of 2025 J U D G M E N TThis Civil Miscellaneous Appeal has been filed by the appellant-Insurance company, challenging the Judgment and Decree dated 20.03.2024 made in M.C.O.P.No.130 of 2019 on the file of the Motor Accidents Claims Tribunal (VI Court of Small Causes), Chennai.2.The appellant-Insurance Company is the 2nd respondent in M.C.O.P.No.130 of 2019, on the file of the Motor Accidents Claims Tribunal (VI Court of Small Causes), Chennai. The first respondent herein/claimant filed the said claim petition, claiming a sum of Rs.50,00,000/- as compensation for the injuries sustained by him in the accident that took place on 26.12.2018. 3. The brief facts of the case are that on 26th December 2018, at about 03.00 PM, while the claimant was riding his two-wheeler bearing Registration No.TN-04AQ 5708, near Central Light Point Signal at PEVR Salai, following the traffic rules, at that time, a lorry bearing Registration No.TN 04 AE 7857, owned by the first respondent before the Tribunal and insured with the second respondent-Insurance Company, approached in same direction at high speed, in a rash and negligent manner and dashed with the claimant’s two-wheeler, causing an accident. Due to the impact, claimant sustained grievous injuries. Following the accident, claimant was rushed to the Government General Hospital; first aid 2/8 https://www.mhc.tn.gov.in/judis C.M.A.No.723 of 2025was given to him and subsequently, owing to complications, he was referred to Billroth Hospital, admitted as an inpatient from 26.12.2018 to 02.01.2019 (8-days) and readmitted to same hospital from 07.01.2019 to 11.01.2019 (5-days) and again from 28.01.2019 to 30.01.2019 (3 days). In total, the claimant underwent 18 days of inpatient treatment. A case in Crime No.202/2018 was registered against the driver of offending vehicle, before the C2-Elephant Gate, Traffic Police Station. Hence, the claimant moved a petition before the Tribunal, claiming Rs.50,00,000/- as compensation.4. On consideration of the both oral and documentary evidence, the Tribunal has awarded the compensation on the following heads:Sl.No HeadsAmount1Medical ExpensesRs.5,15,943/-2Transport ExpensesRs.10,000/-3Extra NourishmentRs,10,000/-4Attendant ChargesRs.15,000/-5Disability and loss of Income owing to permanent disabilityRs.18,13,500/-6Pain and SufferingsRs.25,000/- Total Compensation AmountRs.23,89,443/-Challenging the said award dated 20.03.2024 made in M.C.O.P.No.130 of 2019, granting compensation to the first respondent/claimant, the Insurance company has preferred this Appeal.3/8 https://www.mhc.tn.gov.in/judis C.M.A.No.723 of 20254. The learned counsel for the appellant-Insurance company would submit that the claimant has sustained fracture in left hand and also sustained other injuries. The Medical Board had assessed the disability at 62% and the Tribunal has awarded a sum of Rs.18,13,500/- towards disability, by erroneously adopting a multiplier method, which is on higher side. He also submits that there is no dispute with regard to the factum of the accident occurred and fastening of the liability on the insurance company by the Tribunal.5. In reply, the learned counsel for the first respondent/claimant would submit that the Tribunal has rightly adopted the multiplier method and insofar as the other heads are concerned, the Tribunal has awarded a meagre compensation, which requires interference of this Court and hence, he requests this Court to enhance the compensation. 6. Heard the learned counsel for the appellant and the first respondent/claimant and also perused the materials available on record.7. In the present case, it appears that the Medical Board assessed the disability of 62% and the Tribunal erroneously adopting the ‘multiplier method’ awarded a sum of Rs.18,13,500/- towards permanent disablement and loss of future earning capacity. Therefore, taking into consideration the nature of injuries 4/8 https://www.mhc.tn.gov.in/judis C.M.A.No.723 of 2025and the disability sustained by the first respondent i.e., 62% functional disability, who is aged about 50 years at the time of accident, it would be appropriate to adopt percentage method by fixing Rs.8000/- per percentage of disability. Accordingly, the compensation is calculated as follows: 62% x 8000 = Rs.4,96,000/-.8. Insofar as compensation granted under other heads are concerned, the Tribunal awarded Rs.10,000/- under the head Extra nourishment; Rs.25,000/- under the head Pain and Suffering, which is on lower side and the same needs enhancement. Therefore, this Court enhances the same to Rs.15,000/- towards Extra Nourishment and Rs.50,000/- towards Pain and suffering and future discomfort. The Tribunal has not awarded any amount under the head “loss of income during the medical treatment”, which this court feels just and proper and therefore, this Court awards a sum of Rs.1,50,000/-(Rs.50,000/- x 3 months) under the head “loss of income during the medical treatment of 3 months.9. The compensation awarded under other heads appears to be just and reasonable and hence, the same stands confirmed.10. Accordingly, the compensation awarded by the Tribunal is modified as follows:5/8 https://www.mhc.tn.gov.in/judis C.M.A.No.723 of 2025Sl.No HeadsCompensation awarded by the TribunalCompensation awarded by this Court1Medical ExpensesRs.5,15,943/-5,15,943/-2Transport ExpensesRs.10,000/- 10,000/-3Extra NourishmentRs,10,000/- 15,000/-4Attendant ChargesRs.15,000/- 15,000/-5Disability and Permanent loss of IncomeRs.18,13,500/- 4,96,000/-6Pain and SufferingsRs.25,000/-50,000/- Total Compensation AmountRs.23,89,443/-11,01,943/-11. In the result, this Civil Miscellaneous Appeal is partly allowed. The compensation awarded by the Tribunal is modified from a sum of Rs.23,89,443/- to a sum of Rs.11,01,943/- along with 7.5% interest per annum. 12. The appellant/insurance company is directed to deposit the modified amount granted by this court along with interest and costs, less the amount already deposited, if any, within a period of 6 weeks from the date of receipt of copy of this judgment, to the credit of MCOP.No.130 of 2019 on the file of Motor Accident Claims Tribunal, VI Court of Small Causes, Chennai. Thereafter, the Tribunal is directed to immediately transfer the entire amount to the bank account of the claimant by way of RTGS, within a period of three weeks from the date of 6/8 https://www.mhc.tn.gov.in/judis C.M.A.No.723 of 2025deposit and from the date of receipt of the bank details obtained from the claimant or application for withdrawal from the claimant, whichever is earlier. No costs. Consequently, connected miscellaneous petition is closed. 29.07.2025 Index : Yes / NoSpeaking Order: Yes/NojaiTo1.The VI Judge,Small Causes Court,Motor Accident Claims Tribunal, Chennai.2.The Section Officer,VR Section,High Court,Madras.7/8 https://www.mhc.tn.gov.in/judis C.M.A.No.723 of 2025T.V.THAMILSELVI , J. jaiC.M.A.No.723 of 2025and C.M.P.No.5721 of 202529.07.20258/8