THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.12.2023 CORAM:

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR C.M.A.Nos.2761 of 2021 and 1852 of 2023 and C.M.P.No.17932 of 2023 CMA.No.2761 of 2021:

Gowrishankar ...Appellant Vs.

1.Senthil Rasu

2.R.Sundaramoorthy

3.United India Insurance Company Limited, Cuddalore, represented by its Branch Manager, Having their office at No.13-A, SBI Complex, Nethaji Road, Manjakuppam Village, Cuddalore. ...Respondents CMA.No.1852 of 2023:

United India Insurance Company Limited, Cuddalore, represented by its Branch Manager, Having their office at No.13-A, SBI Complex, Nethaji Road, Manjakuppam Village, Cuddalore. ...Appellant Vs.

1.Gowrishankar

2.Senthil Rasu

3.R.Sundaramoorthy ..Respondents Common Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 30.11.2020 made in MCOP.No.109 of 2018, on the file of the Motor Accident Claims Tribunal, (Sub Court), Karaikal.

For Appellant : Mr.K.Varadha Kamaraj for appellant in CMA.No.2761/2021 and for R1 in CMA.No.1852/2023 For Respondents : Mr.D.Baskaran for R3 in CMA.No.2761/2021 and for appellant in CMA.No.1852/2023 R1 in CMA.No.2761/2021 and R2 in CMA.No.1852/2023 – No appearance R2 in CMA.No.2761/2021 and R3 in CMA.No.1852/2023 – No such person ********

C O M M O N J U D G M E N T

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) While CMA.No.2761 of 2021 is by the claimant, CMA.No.1852 of 2023 is by the Insurance Company.

2. Challenge in both the appeals is to the quantum of compensation awarded by the Motor Accident Claims Tribunal, Sub-Court, Karaikal at Rs.35,45,859/- for the injuries suffered by the claimant in the motor accident that occurred at 9.00 a.m on 15.02.2017.

3. According to the claimant, when he was riding the motorcycle bearing Reg.No.TN-45-BA-3927 on the Thirunallaru main road, near Thirunallaru bus stop, the driver of the Tata Sumo (SUV) parked on the left side of the road suddenly opened the door without any warning and the door hit the claimant. As a result of the impact, the claimant swerved to right and fell on the car coming in the opposite direction. As a result of the accident, the claimant suffered grievous injuries including fracture in C6 bone of the vertebral column, among other facial injuries. Contending that the fracture in the C6 bone of the vertebra had resulted in paralysis of the left upper limb, the claimant had suffered 100% disability and on that count the claimant sought for a compensation of Rs.50,00,000/-. The quantum was supported by the fact that the claimant was a final year Engineering student and he has lost his job opportunities and marital prospects and also the amenities in life.

4. The claim was resisted by the Insurance Company contending that the claimant himself being the rider of the two wheeler has also contributed to the accident by his rash and negligent driving. He could have averted the accident had he been careful. It was also claimed that the owner and the insurer of the Maruti Alto car which was also involved in the accident are also a necessary parties to the claim petition.

5. At trial, before the Tribunal the claimant was examined as PW1 and Exs.P1 to P14 were marked. There was no evidence let in on the side of the Insurance Company. Disability certificate issued by the Medical Board of the Government General Hospital, Karaikal was marked as Ex.X1.

6. Going by the FIR which was lodged at about 9.45 a.m for the accident that occurred at 9.00 a.m by the pillion rider and by the evidence of PW1, the Tribunal concluded that the opening of the door by the driver of the Tata Sumo car bearing Reg.No.TN-31-BB-3391 was the sole cause of the accident and as such, the Insurance Company would be liable to compensate the injured claimant. The said conclusion of the Tribunal is also supported by the fact that the Insurance Company did not let in any evidence.

7. On the quantum, the Tribunal, based on the