M/S.Bharathi Axa General Insurance Co. Ltd, v. A. Senthil Kumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN CMA No.3286 of 2021 and CMP No.18662 of 2021 M/s. Bharathi Axa General Insurance Co. Ltd., No.162, 2nd floor, Metro Plaza, Club House Road, Anna Salai, Chennai - 600 002.
... Appellant/3rd Respondent Vs
1. A.Senthil Kumar ...1st Respondent/Petitioner
2. R.Ravi ...2nd Respondent/1st Respondent
3. D.Arumugam (2nd and 3rd respondents / 1st and 2nd respondents in main O.P. remained exparte in lower Court, notice may be dispensed with) ...3rd Respondent/2nd Respondent Prayer: This Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 30.01.2019 passed in M.C.O.P. No.4782 of 2013 on the file of the Motor Accidents Claims Tribunal cum learned Special Sub Court No.2, Small Causes Court, Chennai.
For Appellant : Mr.K.Poomalai For Respondent : Mr.S.Sankaralingam for Caveator
J U D G M E N T
The Insurance Company is on appeal, challenging the quantum of compensation awarded. The victim / 1st respondent suffered the following injuries in the accident:
''Fracture transverse process of C1 right side B/1 multiple rib fracture. Fracture post wall of left acetabulum Fracture spinal process of L5
Fracture transverse process L3/B/L hemopneumothorax Pneumonia with respiratory failure with ards''
2. Though the Medical Board assessed the disability at 15%, considering the nature of injuries and consequences of the injuries of the petitioner, the Tribunal adopted the multiplier method and awarded a sum of Rs.4,28,400/- towards loss of earning capacity. The Tribunal awarded compensation on other heads as follows:
S.No.
Heads Amount Rs.
1 Loss of Earning Capacity 4,28,400 2 Compensation for Disability 45,000 3 Pain and Sufferings 75,000 4 Loss of Income 51,000 5 Transport to hospital 5,000 6 Extra nourishment 25,000 7 Damage to clothing 5,000 8 Medical Attendants 50,000 9 Loss of Amenities 50,000 10 Medical expenses 7,62,200 Total 14,96,600 Thus the total compensation awarded by the Tribunal worked out to Rs.14,96,600/- The Insurance Company is on Appeal challenging the quantum.
3. I have heard Mr.K.Poomalai, learned counsel appearing for the Appellant.
4. Mr.Poomalai, learned counsel appearing for the appellant would contend that after applying the multiplier method, the Tribunal granted a sum of Rs.4,28,400/- towards loss of earning capacity. The Tribunal was not right in granting a sum of Rs.45,000/- toward disability. Therefore, according to the learned counsel, the award is on the higher side.
5. I have considered the submissions of the learned counsel.
6.The nature of injuries would show that they are very serious and they will have long lasting effect in the life of the victim. Therefore, even though the grant of compensation for disability and loss of income could be said to be slightly on the higher side, looking at the overall compensation awarded, I don't think it could be termed to be on higher side so as to warrant interference at the hands of the Court. However, the compensation awarded in other heads, particularly on the head of pain and suffering and loss of amenities, considering the fact that the injuries are in the Spinal Cord, appear to be a very low. I, therefore do not see any reason to interfere with the award of the Tribunal. The Civil Miscellaneous Appeal fails and it is accordingly dismissed. No Costs. Consequently, the connected Civil Miscellaneous Petition is closed. SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR vum To
1. The Motor Accidents Claims Tribunal cum Special Subordiante Judge No.2, Small Causes Court, Chennai.
2. The Section Officer, VR Section, Madras High Court, Chennai.
+2ccs to M/s.S.Sankaralingam, Advocate Sr.61029 +1cc to M/s.K.Poomalai, Advocate Sr.61608 CMA No.3286 of 2021 and CMP No.18662 of 2021 jp-II[co] srg 09/02/2022