C.M.A(MD)No.408 of 2016

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 24.04.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

C.M.A(MD)No.408 of 2016

M/s.The Oriental Insurance Company Limited,

Represented by its Branch Manager,

3217, East Main Street,

Pudukkottai.

... Appellant/2^nd Respondent

Vs.

1.S.Natarajan

... Respondent/Petitioner

2.Rajendiran

... Respondent/1^st Respondent

PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of

Motor Vehicles Act, to set aside the award of Rs.5,69,148/-(Rupees Five

Lakh Sixty Nine Thousand One Hundred and Forty Eight only) passed in

M.C.O.P.No.3864 of 2013, dated 28.09.2015 on the file of the Motor

Accident Claimst Tribunal cum Special Sub Judge, Trichirappalli.

For Appellant

: Mr.C.Jawahar Ravindran

For R1

: Mr.N.Sudhagar Nagaraj

For R2

: No Appearance

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C.M.A(MD)No.408 of 2016

JUDGMENT

The present appeal has been filed by the insurance company

challenging the award passed by the Motor Accident Claims Tribunal,

Trichirappalli in M.C.O.P.No.3864 of 2013 on the ground of quantum.

2. According to the injured claimant, he was employed as a fitter in

BHEL, Trichirappalli and drawing a salary of Rs.15,000/- per month.

When he was riding his motor bike on 09.01.2006 from east to west

direction in Trichirappalli-Thanjavur road and he had stopped for

crossing the central divider, Champion pickup commercial vehicle

belonging to the 1^st respondent had come from the east to west direction

and it dashed against the two wheeler. The said vehicle was driven by the

driver in a rash and negligent manner and dashed against the rear side of

the petitioner's two wheeler. In the said accident, the petitioner is said to

have sustained grievous and multiple injuries all over the body including

left color bone fracture, spinal cord at the neck portion, back side of the

head, right leg tow crushed and fleshes were removed in the accident.

Hence, he had prayed for a compensation of Rs.7,00,000/-. Though

originally the claim petition was filed under Section 163-A of the Motor

Vehicles Act, the same was amended to Section 166 of the Motor

Vehicles Act by an order, dated 02.06.2015 in I.A.No.517 of 2015.

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C.M.A(MD)No.408 of 2016

3. The owner of the vehicle had remained ex parte and the

insurance company had filed a counter contending that the accident has

happened only due to the rash and negligent driving of the claimant and

therefore, they are not liable to pay any compensation whatsoever. They

have further contended that F.I.R was registered only as against the

claimant. He had further contended that it was a hit and run case and the

vehicle of the 1^st respondent was not at all involved in the accident. They

have also questioned the quantum of compensation.

4. The tribunal after considering the oral and documentary

evidence, arrived at a conclusion that the accident has happened only due

to the rash and negligent driving on the part of the 1^st respondent herein.

The tribunal further arrived at a conclusion that the petitioner has

sustained disability at 54% and calculating Rs.3,000/- for every

percentage, the loss of permanent partial disability was calculated at Rs.

1,62,000/-. Since the petitioner was on leave for nearly 311 days on loss

of pay, the income of the said period was calculated at Rs.2,34,108/-, a

sum of Rs.50,000/- has been awarded towards pain and suffering. The

tribunal has further awarded a sum of Rs.53,040/- on the ground that the

petitioner has lost all his promotional opportunities in view of the

disability sustained in the accident. The tribunal has further awarded a

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C.M.A(MD)No.408 of 2016

sum of Rs.50,000/- towards loss of amenities and a sum of Rs.10,000/-

was awarded towards attender charges and a sum of Rs.1