Insurer challenged a motor accident compensation award to a claimant injured as a pillion rider, contending the rider was her son and the quantum excessive. The court upheld liability and confirmed the award of Rs.5,83,000/- with interest at 7.5% per annum.
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.
CMA.No.514 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.10.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.514 of 2023 and C.M.P. No.4497 of 2023
United India Insurance Company Limited, "Silingi Building" New No.134, Old No.40-42 Greams Road, Chennai 600 006
... Appellant
vs.
1.Akilarani 2. R. Balaji ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Award dated 14.02.2020 in M.C.O.P.983/2009 on the file of the Motor Accident Claims Tribunal, VI Court, Chennai.
For Appellant : Mr. C. Paranthaman For Respondents: No appearance
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JUDGMENT
The appellant, the United India Insurance Company Limited, Chennai, is the second respondent in M.C.O.P. 983/2009 on the file of the Motor Accident Claims Tribunal, VI Court of Small Causes, Chennai.
3 . According to the claimant, on 23.11.2008 she was travelling
as a pillion rider in a motorcycle bearing Registration Number TN-05-J8646 on Kolathur-Ambattur Road, Chennai and as the rider of the two wheeler drove the vehicle in a rash and negligent manner she fell down and sustained injuries all over her body. She was immediately rushed to D.R.J. Hospital, Kolathur, Chennai, where she was treated as an inpatient.
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two wheeler and the insurance company is joint and several.
appeal has been filed by the United India Insurance Company Limited.
appellant. No representation for the respondents.
Insurance Company contended that the rider of the two wheeler was the son of the claimant and therefore, the Insurance Company cannot be held liable to pay compensation to the claimant. His further contention is that
the Tribunal had awarded an exorbitant amount of Rs.5,83,000/- to the claimant and therefore, the same has to be scaled down.
respondents, they did not appear before this Court either in person or through a counsel. A perusal of the records shows that the claimant is the mother of the rider of the two wheeler and FIR (Ex.P1) in Crime No. 78/TMI/09 was registered by V-5 Thirumangalam Traffic Investigation
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Wing against the rider of the two wheeler for the offences punishable under Sections 337 IPC and 184 of the Motor Vehicles Act. The police also, after conducting investigation, laid a final report against the rider of the two wheeler before the VI Metropolitan Magistrate, Chennai. The rider of the two wheeler pleaded guilty of the abovesaid offences and paid the fine amount. The Tribunal, after considering these aspects, had fastened negligence on the part of the rider of the two wheeler. In the circumstances, the contention of the counsel for the Insurance Company that since the rider happens to be the son of the claimant, the Insurance Company is not liable to pay compensation cannot be accepted.
Quantum
10.1. It is seen from the records that the claimant had sustained
the following injuries:
i. Severe head injury.
ii. Fracture in the temporal bone.
iii. Hemorrhage in the left brain.
iv. Frontoparietal subudural Hematoma and right parietal Burrhole.
Dr. Saravanabavanantham (P.W.2), Surgeon (General Surgery, Trauma,
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Neuro Surgery), Government Stanley Hospital, Chennai, had assessed the permanent disability of the claimant as 55%. The Tribunal after analysing the medical records, had fixed 25% of functional disability, adopted multiplier method and awarded a sum of Rs.3,78,000/- towards functional disability. The Tribunal had also awarded the following amounts under various heads.
| S.No. | Head | Amount granted by Tribunal |
|---|---|---|
| 1. | Functional Disability | Rs.3,78,000/- |
| 2. | Pain and sufferings | Rs.25,000/- |
| 3. | Extra nourishment | Rs.20,000/- |
| 4. | Transportation | Rs.10,000/- |
| 5. | Damages to chothes | Rs.1,000/- |
| 6. | Attender charges (21x500) | Rs.10,500/- |
| 7. | Medical expenses | Rs.1,08,518.88/- |
| 8. | Loss of amenities | Rs.30,000/- |
| Total | Rs.5,83,018.88/- Rounded off to Rs.5,83,000/- |
The Award passed by the Tribunal cannot be said to be exorbitant and
therefore the present appeal stands dismissed.
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11. In the result,
i. The Civil Miscellaneous Appeal is dismissed. No costs.
Consequently connected miscellaneous petition is closed.
ii. The Award passed by the Tribunal is confirmed.
iii. The appellant/Insurance company is directed to deposit a sum of
Rs.5,83,000/- (less the amount already deposited) with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit, within a period of four weeks from the date of receipt of a copy of this order/uploading of this order, to the credit
of M.C.O.P.983/2009 on the file of the Motor Accident Claims Tribunal, VI Court of Small Causes, Chennai.
iv. On such deposit being made, the first respondent is at liberty to withdraw the same after filing a proper petition for withdrawal.
17.10.2024
Index : Yes/No Speaking/Non-speaking order Neutral Citation : Yes / No bga
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R.HEMALATHA, J.
bga
To
C.M.A.No.514 of 2023 and C.M.P. No.4497 of 2023
17.10.2024
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2 issues framed by the court
Whether the insurer was liable to compensate a claimant injured as pillion rider when the rider was her son.
Whether the Tribunal's award of Rs.5,83,000/- with 7.5% interest was excessive.
5 provisions across 3 enactments
United India Insurance Company Limited
Akilarani
R. Balaji
R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
