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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.GOVINDARAJAN THILAKAVADI
Reliance General Insurance Co. Ltd. – Appellant
Versus
Veeramuthu – Respondent
JUDGMENT :
K.GOVINDARAJAN THILAKAVADI, J.
1. C.M.A.No.2447 of 2024 is filed by the Insurance Company Challenging the judgment and decree passed in M.C.O.P.No.287 of 2018, dated 14.09.2023, on the file of the Motor Accident Claims Tribunal, (Special Sub Court), Cuddalore, challenging the quantum of award passed in the said claim petition.
2.C.M.A.No.3355 of 2025 is preferred by the claimant, for enhancement of compensation in M.C.O.P.No.287 of 2018, dated 14.09.2023, on the file of the Motor Accident Claims Tribunal, (Special Sub Court), Cuddalore.
3. Both the Insurance Company and the claimant have come up with these appeals. While the insurance Company challenges the quantum of compensation awarded, the claimant seeks for enhancement. The claimant sought for compensation of Rs.25,00,000/- from the Insurance Company for permanent disability sustained by him in major accident that occurred on 27.09.2017. According to the claimant, on 27.09.2017 at about 14.00 hours when the petitioner was riding his moped TVS XL Super Moped from east to west at a normal speed keeping extreme left from Panruti to Salem main road near Semakottai Iyyanar Kovil, the 1st respondent's Tipper lorry bearing Reg
Permanent disability compensation must accurately reflect medical assessments and consider various factors for a just award, adhering to multiplier methods.
Court must ensure adequate compensation reflecting the actual damages and injuries sustained, adjusting assessments to align with evidence and legal precedents.
The assessment of disability and determination of compensation should consider the multiplier method and relevant Supreme Court judgments.
Court emphasizes adherence to compensatory norms, allowing partial appeal to appropriately adjust injury compensation while affirming the negligence of the third party.
The court has the authority to modify the compensation awarded by the Tribunal based on the evidence and nature of the injury suffered by the appellant.
The court clarified the standards for determining compensation in motor accident claims, emphasizing the need for proper evidence concerning income and injury severity.
The court enhanced the awarded compensation for injuries based on insufficient initial valuations for disability, pain, suffering, and related expenses, emphasizing the need for fair compensation.
The court ruled that compensation should ensure fair, reasonable, and adequate redress for injuries sustained in a motor vehicle accident, departing from the Tribunal's initial assessment.
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