UNITED INDIA INSURANCE COMPANY LTD, vs PETCHIAMMAL

Court
Madras High Court

CMA(MD) No. 300 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04-11-2026
CORAM
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
AND
THE HON'BLE MR.JUSTICE RAJNISH PATHIYIL
CMA(MD) No. 300 of 2023
CNR:{HCMD010221502023}
and CMP(MD).No.3772 of 2023
United India Insurance Company Ltd,
Door No.470, GNT Road,
Redhills,
Chennai - 600 052.
..Appellant(s)
Vs
1. Petchiammal
W/o.Karuppasamy,
Pillaiyar Koil Street,
Vettaikaran,
Kadapogathi Post,
Tenkasi taluk,
Tirunelveli District.
2. Krishnakumar
S/o.Pandaram,
1/1800, Thiruvalluvar Main Road,
Chennai - 600 002.
..Respondent(s)
PRAYER: Civil Miscellaneous Petition filed under Section 173 of
Motor Vehicle Act to set aside the judgment and decree date 04-11-2022
in M.C.O.P.No.63 of 2018 on the file of the Motor Vehicle Accident
Claims Tribunal, Principal Sub Court, Tenkasi and allow the appeal and
thus render justice.
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CMA(MD) No. 300 of 2023
For Appellant(s) :Mr.G.Prabhu Rajadurai
For Respondent(s) :Mr.K Esakkidurai
For R1
JUDGMENT
(Judgment of the Court was delivered by ABDUL QUDDHOSE J.)
This Civil Miscellaneous Appeal has been filed by the Insurance
Company challenging the impugned award dated 04.11.2022 passed by
the Motor Accident Claims Tribunal, Tenkasi in MCOP.No.63 of 2018.
2. The appellant / Insurance Company has challenged the
impugned award on the ground that the quantum of compensation
awarded by the Tribunal to the first respondent / claimant is excessive.
3. The Tribunal, under the impugned award, has directed the
appellant / Insurance Company to pay compensation of Rs.45,50,000/- to
the first respondent / claimant for the injuries sustained by her as a result
of an accident caused by a vehicle insured with the appellant/ Insurance
Company. The details of compensation awarded by the Tribunal is as
follows:
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CMA(MD) No. 300 of 2023
S.No. Heads Amount
1. Loss of Income due to 100%
disability
Rs.25,20,000/-
2. Attendant Charges Rs.10,80,000/-
3. Pain and Suffering and Loss of
Amenities
Rs.4,00,000/-
4. For fixing Prosthetic Leg Rs.5,00,000/-
5. Extra Nourishment Rs.25,000/-
6. Transport Expenses Rs.25,000/-
Total Rs.45,50,000/-

4. Since the appellant / Insurance Company has challenged the
impugned award only on the ground that the quantum of compensation
awarded to the first respondent / claimant is excessive, there is no
necessity for us to deal with the issue as to whether the appellant /
Insurance Company is liable to pay compensation to the first respondent /
claimant, since it has been proved before the Tribunal that it was only the
vehicle insured with the appellant / Insurance Company, which was
responsible for the cause of the accident, which resulted in injuries
sustained by the first respondent / claimant.
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CMA(MD) No. 300 of 2023
5. The following are undisputed facts:
a. The first respondent / claimant had to amputate one of her leg as
a result of the injuries caused to her by a vehicle insured with the
appellant / Insurance Company, which was responsible for the cause of
the accident.
b. The first respondent / claimant is a homemaker.
c. The first respondent / claimant was hospitalized for a period of
77 days as a result of the injuries cause to her by a vehicle insured with
the appellant / Insurance Company. The relevant documents of the
hospital, which includes the discharge summaries, were also marked as
exhibits before the Tribunal.
d. The first respondent / claimant requires the assistance of an
attendant for her day-to-day living on account of the amputation of one of
her legs due to the accident caused by a vehicle insured with the appellant
/ Insurance Company.
e. The assistance of an attendant for the first respondent / claimant
for her day to day living is required through out her lifetime due to the
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CMA(MD) No. 300 of 2023
injuries sustained by her as a result of the accident caused by the vehicle
insured with the appellant.
6. The Tribunal, under the impugned award, has taken into
consideration all the above mentioned undisputed facts and only
thereafter, has fixed the compensation payable to the first respondent /
claimant by the appellant / Insurance Company at Rs.45,50,000/-. The
first respondent / claimant was aged 37 years at the time of the accident.
The age of the first respondent / claimant has also not been disputed by
the appellant / Insurance Company as it is seen from the evidence
available on record before the Tribunal. The Tribunal, has rightly
adopted the correct multiplier as per the Sarala Verma judgment and
only thereafter, has assessed the loss of earning capacity under the
impugned award at Rs.25,20,000/-. Being a permanent disability and
having lost one of her legs, as a result of the accident caused by the
vehicle insured with the appellant, the attendant charges of
Rs.10,80,000/- awarded by the Tribunal under the impugned award is just
and reasonable. All through her life, the first respondent / claimant will
require the assistance of attenders and that is a reason why the Tribunal
had awarded a sum of Rs.10,80,000/- as attendant charges under the
impugned award. The Tribunal, while assessing the attendant charges
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CMA(MD) No. 300 of 2023
payable to the first respondent / claimant at Rs.10,80,000/-, has assessed
the same on the ground that a minimum sum of Rs.200/- would be
payable to any attendant per day and based on the said assessment, the
Tribunal had fixed the attendant charges payable to the respondent /
claimant at Rs.10,80,000/-. The claimant has also examined P.W-4 and
P.W-5 to establish the factum of there being a necessity for an Attender.
The details of the calculation for arriving at a sum of Rs.10,80,000/- as
attendant charges is also furnished in the impugned award. We are not
inclined to interfere with the same.
7. Having been hospitalized for a long period of time and having
lost one of her legs, the compensation awarded by the Tribunal towards
pain and suffering and loss of amenities at Rs.4,00,000/- to the first
respondent / claimant is also just and reasonable, which cannot be
interfered with by this Court. Since the artificial limb fixed for
replacement of the amputated leg is required to be replaced by the first
respondent / claimant, the compensation awarded by the Tribunal to the
first respondent / claimant at Rs.5,00,000/- for the same is also just and
reasonable.
8. The Hon’ble Supreme Court in the case of Mohamed Sabeer @
Shabir Hussain Vs. Regional Manager, U.P.State Road Transport
Corporation reported in 2023 (1) TN MAC 20 (SC) relied upon by the
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CMA(MD) No. 300 of 2023
learned counsel appearing for the first respondent / claimant supports the
case of the first respondent / claimant. As in that decision on the facts
and circumstances of that particular case, the Hon’ble Supreme Court had
fixed the compensation payable to an injured accident victim for the loss
of one of his legs at Rs.12,80,000/-. In the instant case, the Tribunal has
only fixed Rs.5,00,000/- to the respondent / claimant, in our considered
view, is just and reasonable. Similarly, the compensation awarded by the
Tribunal towards extra nourishment and the Transport expenses at
Rs.25,000/- each is also just and reasonable, which does not call for
interference.
9. For the foregoing reasons, we do not find any merit in this Civil
Miscellaneous Appeal and this appeal stands dismissed. No costs.
Consequently, the connected miscellaneous petition is closed.
(A.Q.,J.) (R.P.L.,J.)
04-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
TSG
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CMA(MD) No. 300 of 2023
To
Motor Vehicle Accident Claims Tribunal, Principal Sub Court, Tenkasi.
Copy To :
Section Officer ( VR Section )
Madurai Bench of Madras High Court
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CMA(MD) No. 300 of 2023
ABDUL QUDDHOSE, J.
AND
RAJNISH PATHIYIL, J.
TSG
CMA(MD) No. 300 of 2023
04-11-2026
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