The Manager v. Sakthivel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2024 CORAM :

The Hon'ble Mr. Justice Krishnan Ramasamy and C.M.P.No.19969 of 2023 The Manager, M/s.Raheja QBE General Insurance Co.Ltd., 5th Floor, Windsor House, CST Road, Kalina, Santacrux (E), Mumbai 400 098 ... Appellant/Petitioner Vs.

1. Sakthivel

2. The Secretary, Muthayammal College of Arts & Science, Kakkaveri Post, Rasipuram Taluk, Namakkal District 637 408.

... Respondents Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, 1988 against the award and decree dated 21.03.2023 made in M.C.O.P.No.273 of 2019 on the file of the Motor Accidents Claims Tribunal, Sub Judge, Rasipuram.

For Appellant : Mr.S.Arun Kumar For R1 & R2 : No appearance 1/5

JUDGEMENT This Civil Miscellaneous Appeal has been preferred by the Insurance Company, challenging the quantum of compensation awarded by the Motor Accidents Claims Tribunal, Sub Judge, Rasipuram in M.C.O.P.No.273 of 2019 dated 21.03.2023.

2. On 23.04.2019 at about 3.00 p.m., when the injured/first respondent was riding a two wheeler, bearing Reg.No.TN28 BY 3106, a bus, bearing Reg.No.TN28 AZ 9254, which came from opposite direction and hit the two wheeler of the injured. Due to said accident, the injured sustained grievous injures all over his body. Thereafter, the injured/first respondent has filed a claim petition before the Tribunal, claiming a compensation of Rs.50,00,000/-.

3. The learned counsel for the appellant submitted that, the Tribunal has awarded a sum of Rs.5,00,000/- under the head of "pain and sufferings" is on the higher side, and the same may be reduced and thereby, a reasonable compensation may be awarded.

2/5

4. In the present case, there is no dispute with regard to the fact and manner of the accident occurred. Therefore, this Court is not dealing with the said aspect. The grievance of the appellant is with regard to the fixation of the functional disability of claimant at 70% and applying multipler method thereon. According to the appellant, the injured was doing multi business viz., LIC agent, sericulture works and agricultural operations, the Tribunal fixed functional disability at 70%, which is on the higher side. Though the Medical Board fixed functional disability at 70%, it appears to be 100% of functional disability. However, the Tribunal has taken only 70% as functional disability, and awarded the compensation. As far as the quantum of compensation is concerned, there is no challenge made by the claimant.

Therefore, this Court is not inclined to redetermine the functional disability and notional income. The compensation awarded by the Tribunal under other heads, is just and reasonable. Though the amount awarded towards "pain and suffering" at Rs.5,00,000/-, is on the higher side, taking into consideration of notional income and functional disability fixed by the Tribunal, is on the lower side, this Court is not inclined to interfere with the compensation awarded under the head of "pain and suffering", and thus, the compensation awarded by the Tribunal, stands confirmed. Hence, there is no merit in the appeal filed by the appellant.

5. In the result, the Civil Miscellaneous Appeal is dismissed. The appellant/Insurance Company is directed to deposit the compensation amount along with interest at 7.5% and costs, less the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this judgment, to the credit of M.C.O.P.No.273 of 2019 on the file of Motor Accident Claims Tribunal Sub Judge, Rasipuram. Upon such deposit being made, the Tribunal is directed to transfer the entire amount to the bank account of the claimant, the claimant is permitted to withdraw the entire compensation amount, by way of RTGS, within a period of three weeks from the deposit or from the date of receipt of the Bank details obtained from the claimant or application for withdrawal from the claimant, whichever is later. No costs. Consequently, connected Miscellaneous Petition is closed. 29.01.2024 Index :

Yes / No NCC :

Yes / No jd Krishnan Ramasamy,J., 4/5

jd To

1. The Motor Accident Claims Tribunal, Sub Judge, Rasipuram.

2. The Section Officer, V.R. Section, High Court, Madras.

and C.M.P.No.19969 of 2023 29.01.2024 5/5