Partly allowed

United India Insurance Company Ltd., v. J.Shanmugananthan

Madras HC5 Feb 2024CMA(MD)/41/2022

Case brief

AI extract

What is this about?

Insurance company challenged the quantum of a motor accident compensation award where the Tribunal used the multiplier method despite only 20% partial permanent disability. The court held the multiplier method inapplicable to partial permanent disability and reduced the award by Rs.1,67,840/- to Rs.5,00,000/-.

What did the court decide?

Award reduced to Rs.5,00,000/- with 7.5% interest and costs, depositable within three weeks less amounts already deposited.

United India Insurance Company Ltd., Vs J.Shanmugananthan — Insurance | Madras HC (2024)

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C.M.A(MD)No.41 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 05.02.2024

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CORAM

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THE HON'BLE MRS.JUSTICE S.SRIMATHY

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C.M.A(MD)No.41 of 2022

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M/s.United India Insurance Company Limited, No.37/2, Maddappa Street, Neel Complex 2^nd Floor, Tenkasi-627 811. ... Appellant

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Vs.

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1.J.Shanmuganathan 2.S.Abuthahir 3.K.Shajahan ... Respondents

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PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act 1988, against the judgment and decree passed in M.C.O.P.No.373 of 2015, dated 07.09.2021, on the file of the Motor Accident Claims Tribunal cum Principal Subordinate Judge, Tenkasi.

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For Appellant : Mr.C.Jawahar Ravindran For Respondents : No appearance *****

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JUDGEMENT

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The Civil Miscellaneous Appeal is filed by the Insurance

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Company.

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https://www.mhc.tn.gov.in/judis

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C.M.A(MD)No.41 of 2022

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It is a case of injury and partial permanent disability (PPD) to the extent of 20%. The Insurance Company is challenging the quantum. Even though it is a case of partial permanent disability that to 20%, but the Tribunal has taken multiplier method while calculating the compensation. It is a settled proposition that for any partial permanent disability and injury, multiplier method is not applicable.

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3.This Court is of the considered opinion that instead of calculating under multiplier method, if Rs.1,67,840/- is reduced from the overall amount, it would meet the ends of justice and it will be a just and fair compensation. If the said amount is reduced, the claimant is entitled to compensation of Rs.5,00,000/-. Therefore, the appellant is directed to deposit a sum of Rs.5,00,000/-, with 7.5% interest and costs within a period of three weeks from the date of receipt of copy of this judgment, less the amount, if any already deposited. On such deposit, the claimant is permitted to withdraw the amount without filling any application to withdraw.

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https://www.mhc.tn.gov.in/judis

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C.M.A(MD)No.41 of 2022

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With the above said observation, the Civil Miscellaneous

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Appeal is partly allowed. No costs.

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05.02.2024

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NCC : Yes / No Index : Yes / No Internet : Yes / No

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Tmg

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Motor Accident Claims Tribunal cum Principal Subordinate Judge, Tenkasi.

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2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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https://www.mhc.tn.gov.in/judis

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C.M.A(MD)No.41 of 2022

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S.SRIMATHY, J.

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Tmg

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C.M.A(MD)No.41 of 2022

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05.02.2024

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4/4 https://www.mhc.tn.gov.in/judis

United India Insurance Company Ltd., v. J.Shanmugananthan

Case brief

What is this about?

What did the court decide?

United India Insurance Company Ltd., v. J.Shanmugananthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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