Royal Sundaram General Insurance Co.Ltd v. Renukadevi

JUDGMENT This appeal has been filed by the appellant insurance company challenging the award passed by the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Perambalur, in MCOP No.177 of 2018 dated 17.03.2023.

¶2The first respondent is the claimant. The case of the claimant is that on

27.01.2017, the claimant was travelling in the bus belonging to the third respondent from Chennai to Palani and at about 03.45 a.m., on 28.01.2017 when the bus was near Siruganur bus stop, the offending vehicle, a Ashok Leyland Goods Vehicle, belonging to the second respondent was driven in a rash and negligent manner and it was loaded with iron rod protruding on the rear side of the lorry, as a result of which, the bus dashed on the lorry and the claimant sustained undisplaced left lateral condyle fracture periorbital ecchymosis left eye. It is under these circumstances, the claim petition came to be filed before the Tribunal seeking compensation.

¶3The Tribunal, on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, came to a conclusion that the accident had taken place due to the rash and negligent driving on the Page3 of 6 part of the driver of the offending vehicle. Having rendered the above finding, the Tribunal proceeded to determine the compensation amount in the following manner: Sl. No. Compensation awarded under the head Amount (in Rs.)

¶1Partial Permanent Disability 50,000/-

¶2Transport to hospital 17,200/-

¶3Attender charges 3,000/-

¶4Pain and suffering, mental agony 50,000/-

¶5Medical bills 15,794/-

¶6Temporary loss of income 24,000/-

¶7Loss of amenities 10,000/-

¶8Damage to cloth 1,000/- Total 1,70,994/- Rounded off to 1,71,000/- The above compensation was directed to be paid along with interest at 7.5% p.a. Aggrieved by the same, the appellant insurance company has filed the present appeal before this Court.

¶4Heard learned counsel appearing for appellant and learned counsel appearing for fourth respondent. This Court also considered the materials available on record and carefully went through the award passed by the Tribunal. Page4 of 6

¶5The main ground urged on the side of the appellant insurance company is that the driver of the bus did not maintain proper distance and therefore, there is an element of contributory negligence on the part of the driver of the bus. It is further submitted that the compensation awarded by the Tribunal is on the higher side.

¶6In the considered view of this Court, the Tribunal while dealing with the issue of negligence, has appreciated the evidence and has come to a categoric conclusion that the negligence was entirely on the part of the driver of the offending vehicle. This finding does not suffer from any perversity warranting interference of this Court. Insofar as the quantum of compensation is concerned, this Court finds that the compensation awarded under various heads is just and reasonable.

¶7The appellant insurance company is directed to deposit the compensation awarded by the Tribunal, less the amount already deposited, together with interest at 7.5% p.a. from the date of claim petition till the date of deposit within a period of four (4) weeks from the date of receipt of this judgment. On such deposit, the first respondent/claimant is entitled to withdraw the same on due application. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered. Page5 of 6 In the result, the Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 24-07-2026 Index: Yes/No Speaking/Non-speaking order gm To The Motor Accident Claims Tribunal, Chief Judicial Magistrate, Perambalur. Page6 of 6

N.ANAND VENKATESH, J. gm Civil Miscellaneous Appeal No.2442 of 2026 24-07-2026

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-07-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH Civil Miscellaneous Appeal No.2442 of 2026 and C.M.P.No.18743 of 2026 Royal Sundaram General Insurance Co. Ltd., represented by its Branch Manager, Door No.51 (Old No.5B), 2nd Floor, 1st Main Road, Gandhi Nagar, Adyar, Chennai – 600 020. ..Appellant Vs 1. Renukadevi W/o.P.Balakrishnan 2. Arumugam S/o.Kasinathan 3. Jamaldheen S/o.Jainnulavudden 4. The New India Insurance Co. Ltd., represented by its Branch Manager, No.99/C-3, 1st Floor, Opp. to New Bus Stand, Perambalur. ..Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award dated 17.03.2023 passed in MCOP No.177 of 2018 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Perambalur. Page2 of 6 For Appellant : Mr.G.Vasudevan For Respondents : Mr.K.Elango [R4] *****