In a recent judgment, the Madurai Bench of the Madras High Court partially allowed an appeal in a motor accident compensation case, enhancing the compensation amount while upholding the exoneration of the insurance company.
Background:
The case stems from a road accident on November 8, 2011, where the appellant, S. Selvakumar, was allegedly hit by a two-wheeler while walking on the road. He filed a claim petition (MCOP.No. 94 of 2012) before the Motor Accident Claims Tribunal, Dindigul, seeking compensation of Rs. 7,00,000. The Tribunal awarded Rs. 65,635 but exonerated the insurance company, IFFCO-TOKIO General Insurance Company Ltd. The claimant appealed this decision, challenging the exoneration of the insurance company and seeking enhancement of compensation.
Key Legal Issues:
1. Timing of the accident and its relation to insurance policy coverage
2. Extent of disability and appropriate compensation
Court’s Decision:
1. On Insurance Company’s Exoneration:
The court upheld the Tribunal’s decision to exonerate the insurance company. Justice R. Vijayakumar observed: “The claimant having reached the casualty ward at 01.15 p.m on 08.11.2011, it is clear that at the time of accident, no insurance policy was subsisting. The Tribunal therefore was right in exonerating the insurance company.”
2. On Compensation Enhancement:
The court increased the compensation from Rs. 65,635 to Rs. 1,39,635. It reassessed the disability percentage from 10% to 30%, noting: “Considering the fact that there were two fractures in the right knee and plates have been inserted, this Court is of the considered opinion that the disability could be fixed at 30% and for each percentage of injury, a sum of Rs.3000/- could be awarded.”
Important Observations:
The court emphasized the importance of accurate timing in such cases: “As per averments in the claim petition, the accident has taken place at 9.00 p.m on 08.11.2011. The F.I.R has been lodged on the same date at 10.30 p.m alleging that the accident has taken place at 9.00 p.m. In the additional counter, the insurance company has taken a specific stand that the accident has taken place at about 01.15 p.m prior to the commencement of the policy. Therefore, the entire burden is upon the claimant to establish that the accident has taken place after commencement of the insurance policy.”
The judgment highlights the critical role of timing in motor accident cases, especially concerning insurance coverage. It also underscores the court’s approach to reassessing disability percentages and compensation amounts based on the severity of injuries.
The court directed the owner and driver of the two-wheeler to pay the enhanced compensation with interest within eight weeks from the date of receiving the judgment copy.
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Case Details:
– Case Number: C.M.A(MD)No. 811 of 2017
– Judge: Hon’ble Mr. Justice R. Vijayakumar
– Appellant/Claimant: S. Selvakumar
– Respondents: M. Rajaram, U. Maheshkumar, and IFFCO-TOKIO General Insurance Company Ltd.
– Appellant’s Counsel: Mr. R. Karunanidhi
– Insurance Company’s Counsel: Mr. V. Sakthivel
