Insurance company appealed against the quantum of compensation awarded to a professional driver who suffered 85% permanent disability (right-sided global brachial palsy) in a two-wheeler accident. The High Court held the injuries caused 100% functional disability to his avocation and found the award proportionate, dismissing the appeal.
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.
C.M.A.(MD).No.9 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.01.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN
C.M.A.(MD).No.9 of 2024 and C.M.P.(MD).No.231 of 2024
1.The Manager,
National Insurance Company Limited, 3, 2nd Floor, Lakshmi Nagar, Delhi – 110 092.
2.The Regional Manager, M/s.National Insurance Company Limited, No.33, Contonment, Trichy – 620 001. .. Appellants/Respondents 2 & 3
Vs.
1.Diliban .. 1st Respondent/Petitioner
2.R.Krishnamurthi .. 2nd Respondent/1st Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, praying to set aside the fair and decreetal order dated 03.08.2022 made in M.C.O.P.No.536 of 2020 on the file of the Motor Accident Claims Tribunal (III Additional Sub Judge), Trichy, and allow this appeal.
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C.M.A.(MD).No.9 of 2024
For Appellants : Mr.S.Srinivasa Raghavan For R-1 : Mr.N.Sudhagar Nagaraj
JUDGMENT
DR.G.JAYACHANDRAN,J. and C.KUMARAPPAN,J.
This Civil Miscellaneous Appeal is filed by the Insurance Company being aggrieved by the quantum of compensation awarded to the first respondent/claimant, who had sustained 85% disability as per the opinion given by the Medical Board.
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C.M.A.(MD).No.9 of 2024
was conducted for the fractured limbs and crushed little finger. He also sustained injury on his left eye, for which, surgery was conducted. He was again admitted twice in the hospital as inpatient for follow up treatment. Claiming a sum of Rs.50,00,000/- as compensation, the claim petition under
the Motor Vehicles Act was preferred by the first respondent/claimant before the Motor Accident Claims Tribunal (III Additional Sub Court), Tiruchirappalli in M.C.O.P.No.536 of 2020.
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C.M.A.(MD).No.9 of 2024
applicable only in case of death or 100% functional disability. That apart, the claim towards medical expenses, pain and suffering was also disputed.
of accident. After substantial treatment for four years, he had been
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C.M.A.(MD).No.9 of 2024
diagnosed with right sided global brachial plexus palsy. His locomotor movement substantially restricted, particularly, he cannot lift his right hand beyond 90 degree. He was referred to the Medical Board and the members of the Medical Board had opined that the fracture of both bone and right leg and right side global brachial plexus palsy has caused 85% permanent disability to the injuries suffered. In the light of the opinion given by the Medical Board, the nature of avocation carried by the claimant, if to be read in harmoniously, there can be no doubt that this injury has caused 100% functional disability to the first respondent/claimant, who cannot henceforth drive a vehicle to earn his livelihood. His earning capacity as a driver has been totally taken away. He has to find alternate source of income and whether he can make equal amount of income or not cannot be predicted.
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C.M.A.(MD).No.9 of 2024
respondent/claimant shall withdraw the same in toto on proper application and identification. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.
(G.J.,J.) (C.K.,J.) 11.01.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Motor Accident Claims Tribunal (III Additional Sub Court), Trichy. 2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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C.M.A.(MD).No.9 of 2024
DR.G.JAYACHANDRAN,J. and C.KUMARAPPAN,J.
Lm
C.M.A.(MD).No.9 of 2024
11.01.2024
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1 issue framed by the court
Whether the Tribunal's quantum of compensation, including 40% future prospects for an 85% permanent disability claimant, was excessive.
1 provisions across 1 enactments
The Manager, National Insurance Company Limited
The Regional Manager, M/s.National Insurance Company Limited
Diliban
R.Krishnamurthi
G.Jayachandran
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
