Insurance company appealed the quantum of motor accident compensation awarded for grievous brain and skull injuries. Court held the award of Rs.6,13,205/- under eight heads was just compensation despite absence of a disability certificate, and dismissed the appeal.
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C.M.A.No.1371 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.06.2024
CORAM
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.1371 of 2020 and C.M.P.No.10138 of 2020
The Branch Manager, Reliance General Ins. Co. Ltd.,
II Floor, Shri Abirami Towers, 43 B, Cowley Brown Road, R.S.Puram, Coimbatore - 641 002. ... Appellant
Vs.
1.S.Pushparaj 2.George Kennedy ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the Judgment and Decree dated 24.01.2020 made in M.C.O.P. No.2043 of 2018 on the file of the Motor Accident Claims Tribunal, Special Sub Court (MCOP), Coimbatore.
For Appellant : Mr.C.Bhuvanasundari For Respondents : Mr.M.Lokesh - R1
R2 - No Appearance
JUDGMENT
This appeal has been filed by the Insurance Company, questioning the
quantum of compensation awarded by the Tribunal under the impugned award. The respondent / claimant sustained right temporo parietal 1/4
C.M.A.No.1371 of 2020
craniotomy with EDH evacuation causing mass effect over the right lateral
ventricle and third ventricle it midline shift of 6 mm to left, minimal SAH noted in both syeran fissure and left frontal suilici. The injuries sustained by the respondent / claimant are all brain and skull injuries which are grievous in nature.
Medical Board and there is no disability certificate placed on record, this Court can take Judicial Notice to the seriousness of the respondent's / claimant's injuries as admittedly he has sustained brain and skull injuries
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which would have required extensive medical treatment.
a) compensation for grievous injuries;
b) loss of income;
c) pain and sufferings;
d) loss of amenities;
e) medical bills;
f) extra nourishment;
g) transport; and
h) damage to clothing and articles
amounting to Rs.6,13,205/- is a just compensation which does not call for any reduction by this Court.
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C.M.A.No.1371 of 2020
ABDUL QUDDHOSE. J.,
ab
5. For the foregoing reasons, there is no merit in this appeal.
Accordingly, this appeal is dismissed. No Costs. Consequently, the connected miscellaneous petition is closed.
11.06.2024
Index : Yes/No Speaking Order : Yes / No Neutral Citation Case: Yes / No ab
To
1. The Motor Accident Claims Tribunal, Special Sub Court (MCOP), Coimbatore.
2. The Section officer, Record Section, High Court of Madras.
C.M.A.No.1371 of 2020
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1 issue framed by the court
Whether the Tribunal's compensation award of Rs.6,13,205/- to a claimant with grievous brain and skull injuries was excessive and required reduction.
1 provisions across 1 enactments
The Branch Manager, Reliance General Ins. Co. Ltd.
S.Pushparaj
George Kennedy
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
