M/S Cholamandalam Ms General v. Saraswathy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on 09.02.2024 Pronounced on 25.03.2024
CORAM
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN and C.M.P.No.8052 of 2019 M/s.Cholamandalam Ms General Insurance Company Limited State Bank of Travancore upstairs No.9, First Floor Rajaji Road Peramanur Main Road Salem 636 007 ... Appellant Vs.
1.Saraswathy Wife of Sivalingam D.No.291, VI Block Andipatti Housing Board Gugai, Salem 636 006 2.Shanmugham Son of Sivalingam No.291, Andipatti Gugai, Salem 636 006 ... Respondents Prayer: Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Decree and Judgment dated 11th April, 2018, passed in MCOP.No.386 of 2016, on the file of the Motor Accident Claims Tribunal (Special Sub Judge No.2) at 1/8
Salem.
For Appellant : Mr.J.Michael Visuvasam For Respondents : Mr.S.P.Yuaraj (for R1)
J U D G M E N T
The Appeal has been filed against the Decree and Judgment dated 11.04.2018, passed in MCOP.No.386 of 2016, on the file of the Motor Accident Claims Tribunal (Special Sub Judge No.2) at Salem. 2.The Insurance Company is the Appellant herein, challenging the award passed in MCOP.No.386 of 2016, on the file of the Motor Accident Claims Tribunal (Special Sub Judge No.2) at Salem. For the sake of convenience, the parties are referred to as per their ranking before the trial Court. 3.The Insurance Company filed the above Appeal on the point of quantum.
4.During the trial, on the side of the claim Petitioner, PW1 to PW3 were examined, Ex.P1 to Ex.P.20 were marked and on the side of the Respondents, 2/8
RW1 & RW2 were examined and Ex.R1 to Ex.R8 were marked. Ex.C1 & Ex.C2 were marked as court documents.
5.Heard the learned counsel for the Insurance Company/Appellant and learned counsel for the 1st Respondent and perused the available records. 6.Learned counsel for the Insurance Company would contend that PW3/Doctor has given disability certificate fixing the disability at 75%. In view of the order of the Division Bench of this Court in The Branch Manger, M/s.TATA AIG General Insurance Co. Ltd., Vs. Prabhu & Another reported in 2016 (1) TNMAC 609, this Court has directed the claim Petitioner to appear before the Medical Board of Government College Hospital in Salem and it has sent a report fixing the disability at 40%, mentioning the nature of injuries as follows:
" ® 3-9 ribs ® clavicle, Scapula (L) humeuis # C2 body typed 2 instability # B/L Sup pubrami # S1S2 Liver injury"
Further the Medical Board assessed the disability as polytrauma sequelae both UL/LL, mentioned the nature of disability as permanent with specification as 3/8
difficulty using both UL/LL overhead activities, lifting weights, cross leg sitting and squatting. Accordingly, this Court held that in the said accident, the claim Petitioner has suffered permanent disability, which is in fact has reduced the earning capacity of the claim Petitioner. Hence, this Court has no hesitation to come to the conclusion that the ratio laid down by the Hon'ble Apex Court in the case of Rajkumar Vs. Ajaykumar & another reported in 2010 (2) TNMAC 581 SC is being complied with and adopting multiplier method. 7.The Tribunal has fixed the monthly income at Rs.6,500/-, added 25% towards future prospects, adopted '14' as multiplier. The same are hereby confirmed. Hence, the pecuniary loss sustained by the claim Petitioner is reassessed as follows: [Rs.6,500/- + (25% of 6,500/-)] x 12 x 14 x 40 % = Rs.5,46,000/- 8.
The Tribunal has awarded a sum of Rs.4,91,177/- towards medical expenses, a sum of Rs.75,000/- towards pain & sufferings, a sum of Rs.15,985/- towards transportation charges, a sum of Rs.20,000/- towards nutrition charges, a sum of Rs.25,000/- towards attender charges and a sum of Rs.
damages to clothes. The same are in accordance with law and the same are hereby confirmed.
9.The Tribunal has awarded a sum of Rs.1,00,000/- towards loss of amenities, the same is reduced to Rs.40,000/-. The Tribunal has awarded a sum of Rs.2,90,000/- towards future medical expenses, as per Ex.P.13 and on perusing the cross examination of the Doctor, the same is reduced to Rs.50,000/-.
S.No Head Amount (Rs.) Pecuniary loss 546000 Pain and sufferings 75000 Loss of amenities 40000 Medical expenses 491177 Future medical expenses 50000 Transportation charges 15985 Nutrition charges 20000 Attender charges 25000 Damages to clothes Total 1263662 Rounded off 1263660 5/8
In total, the claim Petitioner is entitled to a sum of Rs.12,63,660/- (Rupees twelve lakh sixty three thousand six hundred and sixty only) and the interest awarded by the Tribunal at the rate of 7.5% per annum is also confirmed. 10.In fine, (i) this Civil Miscellaneous Appeal stands partly allowed, reducing the compensation from Rs.20,41,412/- to Rs.12,63,660/- to the extent indicated above. Consequently, connected Miscellaneous Petition is closed. No costs. (ii) the Insurance Company is directed to deposit the reduced award amount, with interest and costs before the Tribunal, within a period of eight weeks from the date of receipt of a copy of this order.
(iii) on such deposit being made, the claim Petitioner is permitted to withdraw the reduced award amount with accrued interest and costs, less the award amount, if any, already withdrawn, by filing necessary application before the Tribunal.
(iv) the Insurance Company is permitted to withdraw the excess amount already 6/8
deposited before the Tribunal, less the reduced award amount, if any, with accrued interest.
25.03.2024 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order sai To The Special Sub Judge No.2 Motor Accident Claims Tribunal Salem.
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RMT.TEEKAA RAMAN.J, sai Pre-delivery Judgment made in and C.M.P.No.8052 of 2019 Dated: 25.03.2024 8/8