Case brief
What is this about?
Madras High Court Division Bench common judgment dated 29/04/2025 (R. Sakthivel, J., author; J. Nisha Banu, J.) in CMA Nos.2758 of 2024 (A. Sridhar v. N. Sankar & The Manager Reliance General Insurance Co. Ltd.) and CMA No.9 of 2025 (insurer's appeal) arising from MCOP No.1420 of 2019. Keywords: Section 173 Motor Vehicles Act 1988; enhancement of motor accident compensation; pillion rider injury; rash and negligent driving of van TN-32-S-4128; 100% functional disability versus 70%/75% permanent physical disability (Ex-C.1); National Insurance Company Limited v. Pranay Sethi (2017) 16 SCC 680 – 40% future prospects; multiplier 18; income Rs.14,100/-; head-wise enhancement; total enhanced compensation Rs.50,38,310/-; interest 7.5% per annum; insurer liable; claimant's appeal partly allowed, insurer's appeal dismissed.
What did the court decide?
CMA.No.9 of 2025 (insurer's appeal) dismissed; CMA.No.2758 of 2024 (claimant's appeal) partly allowed with compensation enhanced from Rs.32,09,158/- to Rs.50,38,310/- and a modified award passed; the second respondent/Insurance Company directed to deposit the enhanced compensation along with costs incurred before the Tribunal and interest at 7.5% per annum on Rs.50,13,310/- from the date of petition till deposit (less amounts already deposited) within eight weeks; the Rs.25,000/- towards future medical expenses carries no interest; deficit court fee, if any, to be paid by the petitioner within four weeks; no order as to costs in the appeals; connected miscellaneous petition closed.