CMA/1928/2022 of THE NEW INDIA ASSURANCE CO LTD Vs R. PALANIAMMAL on 10 September 2026

1. R. Palaniammal (Died)

2. K.S.Satheeskumar S/o K.Shanmugam, No.40, Ganesh Layout, 3rd Street, Ganapathy, Coimbatore 641006

3. S.Thavamani W/o K.Shanmugam, No.40, Ganesh Layout, 3rd Street, Ganapathy, Coimbatore 641006

4. T.Balusamy S/o Thangaraj, No.24, South Kottapalayam, Arutholuvu Post, Kangayam Tk.

5. N.Palanisamy S/o Natarajan, 153-A, Arun Nagar, Karamadai Road, Mettupalayam

6. United India Insurance Co.Ltd Mettupalayam 641301

7. S.Thangavel husband of Late Palaniammal, aged 74 years, S/o Sadayappan No.133/3, Langarkana Road 2, Flowermarket, Coimbatore 641001

8. T.Maheskumar Son of Late Palaniammal, aged 46 years, S/o Thangavel, 9/7, Indira Nagar, Gold Wins, Civil Aerodrome Post, Coimbatore 641014

9. T.Senthilnathan Son of Late Palaniammal, aged 45 years, S/o Thangavel, No.133/3, Langarkana Road 2, Flowermarket, Coimbatore 641001

10. G.Kavitharani daughtre of Late Palaniammal, aged 42 years, 2/12, Athulya Garden, Dhanam Nagar Phase I, Mylampatti, Sulur, Coimbatore 641062 **RR7 to 10 brought on recrd as Lrs of deceased 1st respondent Palaniammal vide order of this Court dated 25.07.202 made in CMP.No.11680/2022 in CMA.SR.No.137304/2019. ..Respondent(s) CMA No. 1929 of 2022 The New India Assurance Co.Ltd, No.1215, 12th Floor, Naurang House, 21, Kasturba Gandhi Road, New Delhi-110 001. ..Appellant(s) Vs

1. S. Thangavel S/o.Sadaiappan, No.135, Langana Road No.2, Coimbatore.

2. K.S.Satheeskumar S/o.K.Shanmugam, NO.40, Ganesh Layout, 3rd St, Ganapathy, Coimbatore 641006.

3. S.Thavamani W/o.K.Shanmugam, No.40, Ganesh Layout, 3rd St, Ganapathy, Coimbatore 641 006.

4. T. Balusamy S/o.Thangaraj, No.24, South Kottapalyam, Arutholuvu Post, Kangayam Tk.

5. N.Palanisamy S/o.Natarajan, 153-A, Arun Nagar, Karamadai Road, Mettupalayam.

6. United India Insurance Co.Ltd, Mettupalayam- 641 301. ..Respondent(s) CMA No. 1928 of 2022 Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the Judgement and decree in MCOP No.1408 of 2016 on the file of the Motor Accidents Claims Tribunal (Special Subordinate Judge) at Coimbatore dated 16.04.2019. CMA No. 1929 of 2022 Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the To set aside the judgment and decree in MCOP.NO. 565 of 2016 on the file of the Motor Accidents Claims Tribunal (Special Subordinate Judge) at Coimbatore dated 16.4.2019. CMA Nos. 1928 & 1929 of 2022 For Appellant(s): For Respondent(s):

M.Krishnamoorthy RR1&4 – Died Ms.P.Uma for RR2&3 Not ready notice for R5 Mr.P.Sankaranarayanan for R6 RR7 to 10-Served

COMMON JUDGMENT

[Common Judgment of the Court was delivered by N. MALA, J]

The above Civil Miscellaneous Appeals are filed by the Insurance Company, challenging the common judgment and decree dated 16.04.2019, passed by the MACT, in OP.Nos.1408/2016 and 565/2016.

For the sake of convenience, the parties will be referred to as per their array in the Tribunal. The 3rd respondent, insurer of the Car is the appellant in the appeals.

The summary of facts are as follows:- On 19.10.2015, the claimants were travelling in a Maruti 800 Car bearing Registration No.TN-38-AP-0655, to attend a marriage function at Erode. While travelling on Coimbatore-Avinashi Road, on NH-47, a Lorry bearing Registration No.TN-28-L-9877, driven by the 4th respondent in a rash and negligent manner, suddenly entered the Highway from the service road, and so the 1st respondent, the driver of the Maruti car, without noticing the lorry, dashed it on its rear side. Due to the impact of the accident, the claimants who were travelling in the car, sustained grievous injuries. The claimant in OP.No.1408/2016, filed a claim petition seeking compensation of Rs.35 lakhs and the claimant in OP.No.565/2016, filed the claim petition seeking claiming Rs.25 lakhs as compensation.

The Claims Tribunal, on the Memo filed by the claimants, in both the Original

Petitions, ordered joint trial and treated the evidence in OP.No.1408/2016, as evidence in OP.no.565/2016.

The Claim Petitions were contested by the 1st respondent, the driver of Maruti 800 car and the 3rd respondent/Insurance Company of the Maruti Car. The owners of the car and the lorry, namely, respondents 2 and 5, and the lorry driver, the 4th respondent, remained exparte before the Tribunal.

The 1st respondent, in his common counter to the claim petitions, denied his negligence and further, stated that the negligence of the lorry driver resulted in the accident and therefore, prayed to dismiss the claim petitions. The insurer of the car, as the 3rd respondent in the Original Petitions, as well as the 6th respondent, the insurer of the lorry, filed similar counters denying the manner of accident, negligence, liability and the quantum of compensation claimed by the claimants.

Before the Claims Tribunal, the claimant in OP.No.565/2016, examined himself as PW1 and marked Exs.P1 to P9. The respondents did not adduce any oral or documentary evidence.

The Claims Tribunal, on an assessment of the entire evidence on record, found that the rash and negligent driving of the driver of the car, resulted in the accident. The Claims Tribunal, on the issue of liability, exonerated the driver, owner and the Insurance Company of the Lorry, i.e., respondents 4 to 6. The Claims Tribunal, held that the 3rd respondent, as the insurer of the Car, was liable to pay the compensation to the claimants. The Claims Tribunal, in OP.No.1408/2016, on the

basis of Ex.P6-Wound Certificate, found that the claimant had sustained severe head injuries, due to which, she became bedridden, insane and was leading a vegetative life. The Tribunal therefore, awarded a total compensation of 80,23,005/- along with interest at 7.5% per annum. The Claims Tribunal, in OP.No.565/2016, on the basis of Ex.P8-Wound Certificate, and on consideration of the injuries suffered by the claimant, awarded a total compensation of Rs.17,51,516/- along with interest 7.5% per annum. Aggrieved by the common Award passed by the Claims Tribunal, the appellant has preferred the above appeals. CMA.No.1928/2023 [MCOP.No.1408/2016]:-

On the issue of quantum, the learned counsel for the appellant submitted that the Tribunal, having adopted the multiplier method, for computing the compensation towards ‘’loss of future earning’’, ought not to have awarded any sum under the head ‘’loss of amenities’’. The learned counsel submitted that, pending Civil Miscellaneous Appeal, the claimant died and the legal heirs were impleaded as respondents in the appeal and hence, the legal heirs would not be entitled to any amounts towards pain and suffering. The learned counsel further submitted that the Tribunal erred in awarding huge compensation of Rs.15 lakhs towards ‘’attendant charges’’ and that, since the claimant died, the amount awarded towards ‘’attendant charges’’ also deserved to be rejected.

CMA.No.1929/2023 [MCOP.No.565/2016]:-

As regards the claimant in CMA.No.565/2016, the learned counsel for the appellant submitted that the compensation awarded towards pain and suffering, was exorbitant and the same called for interference.

We have heard the learned counsels on both sides and perused the materials placed on record.

On the issue of negligence, the Claims Tribunal, on the basis of the documentary evidence on record, found that the car had hit the lorry on the rear side, and therefore, mulcted the negligence on the 1st respondent, the driver of the car. The Claims Tribunal, held that had the 1st respondent/driver of Maruti 800 car, driven the car with caution and with reasonable speed, he could have averted the accident. We find no infirmity in the finding of the Tribunal as it based on proper appreciation of the evidence on record.

As rightly contended by the learned counsel for the appellant, the amount awarded under the head ‘’attendant charges’’ in OP.No.1408/2016, appears to be on higher side and the claimant having died in the year 2019, we are of the view that amount of Rs.8.50 lakhs towards ‘’attendant charges’’, would be reasonable. As far as the amount towards ‘’loss of amenities’’ is concerned, we are in complete agreement with the submissions of the 3rd respondent that the Tribunal, having adopted the multiplier method for computing the compensation towards the ‘’loss arising out of permanent disability’’, ought not to have awarded further sum under the head ‘’loss of amenities’’. As far as the compensation under the head ‘’pain and suffering’’ is concerned, since, unfortunately, the claimant died, the respondents, as her legal heirs, will not be entitled to any compensation under the head ‘’pain and suffering’’ of the deceased.

In view of the aforesaid discussions, we are inclined to modify the Award of the Claims Tribunal in MCOP.No.1408/2016, as follows:- Sl.No. Conventional Heads Amount Awarded by the Tribunal in Rs. Amount Awarded by this Court in Rs

Future loss of earning capacity [Rs.1,56,000x100%x7] 10,92,000/- 10,92,000/-

Medical Bills 13,06,005/- 13,06.005/-

Attendant Charges 15,00,000/- 8.50,000/-

Future Medical Expenses 6,00,000/- 6,00,000/-

Loss of amenities 15,00,000/- ---

Pain and Suffering 20,00,000/- ---

Transportation to hospital 10,000/- 10,000/-

Extra Nourishment 10,000/- 10,000/-

Damages to Clothing 5,000/- 5,000/- Total 80,23,005/- 27,81,005/-

With respect to the compensation awarded in OP.No.565/2016, we find that the Claims Tribunal has awarded Rs.10 lakhs towards ‘’pain and suffering’’, considering the nature of injuries sustained by the claimant, as per the Wound Certificate-Ex.P8, we find that the amount awarded towards ‘’pain and suffering’’ is exorbitant. As per Ex.P8, the claimant suffered the following injuries:- [1]Tenderness at hip-Foot drop

[2]Chest injury [3]Swelling, tenderness at ankle [4]Swelling, tenderness at right hand [5]Head injury.

Considering the nature of the injuries, we are of the view that the award of Rs.10 lakhs towards pain and suffering is exorbitant and therefore, we are inclined to reduce the same. Accordingly, the amount awarded towards ‘’pain and suffering’’ is reduced to Rs.75,000/-.

In view of the aforesaid discussions, we are inclined to modify the Award of the Claims Tribunal in MCOP.No.565/2016 as follows:- Sl.No. Conventional Heads Amount Awarded by the Tribunal in Rs. Amount Awarded by this Court in Rs

Compensation for grievous injury 1,50,000/- 1,50,000/-

Loss of Income [13,000 x 5] 65,000/- 65,000/-

Pain and Suffering 10,00,000/- 75,000/-

Medical Bills 5,11,516/- 5,11,516/-

Transportation to hospital 10,000/- 10,000/-

Extra Nourishment 10,000/- 10,000/-

Damages to clothing 5,000/- 5,000/- Total 17,51,516/- 8,26,516/-

The appellant/Insurance Company is directed to deposit the modified award amounts of Rs.27,81,005/- [Rupees Twenty Seven Lakhs Eighty One Thousand and Five only] in MCOP.No.1408/2016 and Rs.8,26,516/- [Rupees Eight Lakhs Twenty Six Thousand Five Hundred Sixteen only] in MCOP.No.565/2016, along with 7.5% interest per annum from the date of petition till the date of deposit, within a period of twelve weeks from the date of receipt of the web copy of this common judgment and decree, if not already deposited.

On such deposit by the appellant/Insurance Company, the claimants in MACTOP.No.1408/2016, namely, the 7th respondent in CMA.No.1928/2022, husband of the deceased Palaniammal, is entitled to compensation of Rs.17,00,000/- ; and the respondents 8 to 10, major sons and daughter, are entitled to compensation of Rs.3,60,335/- each. The claimants shall be entitled to withdraw the Award amount, as apportioned above, by filing appropriate petition before the Claims Tribunal.

The claimant in MACTOP.No.565/2016, namely, the 1st respondent in CMA.No.1929/2022, shall be entitled to withdraw the Award amount, by filing appropriate petition before the Claims Tribunal.

In the result, the Civil Miscellaneous Appeals are partly allowed and the common judgment and decree of the Claims Tribunal, made in MCOP.Nos.1408 & 565/2016 dated 16.04.2019, is set aside. No costs. Consequently, the connected miscellaneous petitions are closed. [PTAJ] [NMJ] 10.09.2026 Index : Yes/No Speaking Order/Non Speaking Order Neutral Citation: Yes/No AP To

1. The Special Subordinate Judge,

Motor Accidents Claims Tribunal, Coimbatore.

2. The Section Officer, VR Section High Court, Chennai.

P.T.ASHA, J AND N.MALA, J. AP CMA.Nos.1928 & 1929/2022 10.09.2026