The Court dismissed an appeal by an insurance company challenging the quantum of disability compensation. The judge found the Tribunal's award of Rs. 1,08,000 based on 36% disability was just and proper given the nine grievous injuries sustained by the claimant.
The Civil Miscellaneous Appeal was dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 20.04.2021
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
C.M.A.No. 760 of 2018 and C.M.P.No.6466 of 2018
Cholamandalam MS General Insurance Company Limited, 2nd Floor, Dare House, No.2, N.S.C. Bose Road, Chennai - 600 001.
...Appellant Vs.
1.Venkatesan
3.Royal Sundaram Alliance Insurance Company Limited, Sundaram Finance Limited, No.109, CD KK Complex, 1st Floor, Trichy Main Road, Venkatesapuram, Perambalur.
4.Karuppaiah
[Respondents 2 & 4 were set ex-parte in Lower Court] ... Respondents
Prayer:
Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, against the judgment and decree dated 06.04.2016 made in M.C.O.P.No.309 of 2013 on the file of the Motor Accidents Claims Tribunal, Principal District Court, Perambalur.
For Appellant : Mr.M.B.Raghavan For R1 : Mr.M.Sivakumar For R3 : Mr.K.Vinoth For M/s.Elveera Ravindran For RR 2 & 4 : Ex-parte
J U D G M E N T
Challenging the quantum of compensation awarded by the Tribunal, the appellant/Insurance Company has preferred this appeal.
(ii) laceration above the right eyebrow measuring 6x2 cm in size,
(iii) multiple abrasion in the lower
chin,
(iv) Abrasion in the left shoulder,
(v) laceration measuring 2 x 1 cm in the forehead,
(vi) cut injury over the left side of lower hip measuring 4x1 cm,
(vii) deep lacerated wound in lower inner lip measuring 5x1cm,
(viii) lacerated wound in chin measuring 3x1/2 cm,
(ix) bilateral perirobital edema(+)
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
msm
To
+1cc to Mr.C.Prabakaran, Advocate, S.R.No.24064
+1cc to M/s.Elveera Ravindran, Advocate, S.R.No.24048
C.M.A.No. 760 of 2018 and C.M.P.No.6466 of 2018
SSV(CO) SU(23/11/2021)
2 issues framed by the court
Whether the quantum of compensation for disability awarded by the Tribunal is arbitrary or proper.
Whether the Tribunal erred in not applying the multiplier method or taking 25% disability instead of 39%.
1 provisions across 1 enactments
Cholamandalam MS General Insurance Company Limited
Venkatesan
Royal Sundaram Alliance Insurance Company Limited
Krishnan Ramasamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
