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A. Prakash vs The Claims Manager M/S Iffco Tokio ... on 17 October, 2022

Author: Surya Kant

Bench: Surya Kant

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                                           IN THE SUPREME COURT OF INDIA
                                            CIVIL APPELLATE JURISDICTION

                       CIVIL APPEAL NOS.7410­7411/2022
     (@Petitions for Special Leave to Appeal (C) Nos.293­294/2021)

     A. PRAKASH                                                                               Appellant(s)
                                                              VERSUS

     THE CLAIMS MANAGER M/S IFFCO TOKIO GENERAL                                               Respondent(s)
     INSURANCE COMPANY LIMITED & ORS.

                                                         O R D E R

1. Leave granted.

2. The appellant – claimant has challenged the Order dated 17­03­2020 passed by the Madurai Bench of Madras High Court, whereby the Award of Rs.6,39,600/­ granted by the Motor Accident Claims Tribunal (in short, the `Tribunal) has been reduced to Rs.2,58,000/­.

3. The appellant was traveling in a four­wheeler bearing Registration No.TN­58­U­1478, when the said car dashed against a coconut tree on the Kollam­Thirumangalam Road in Sivarampettiai Curved Road and a result thereto, the appellant sustained multiple injuries in his left rib bones, blood clotting in lungs and lacerated injuries in the back side of the head, forehead and back side.

4. The appellant filed a Claim Petition for award of compensation of Rs.25,00,000/­, which was accepted in part by the Motor Accident Signature Not Verified Digitally signed by VISHAL ANAND Claims Date: 2022.10.22 13:40:19 IST Reason: Tribunal, holding that the appellant had suffered 60% permanent disability and awarded a sum of Rs.6,39,600/­ as compensation.

5. The High Court, has vide impugned Order, though accepted that as per the Medical Board, the appellant has suffered 60% permanent disability, but it has proceeded to reduce the compensation on the premise that there is no evidence to show that there is a total permanent disability and the claimant is not able to do any work. The High Court has thus reduced the notional income of the appellant from Rs.6500/­ to Rs.3000/­ per month.

6. Having heard learned Advocates appearing on behalf of the parties and after carefully perusing the material available on record, we are satisfied that the High Court fell in error in not appreciating the evidence on record. The Medical Certificate, including the Discharge Summary issued by the Tirunelveli Government Medical College Hospital (Exhibit `P7’), as also the Disability Certificate (Exhibit `P15’) clearly point out that the appellant has suffered 60% permanent disability. In absence of any evidence to the contrary, there was no reason for the High Court not to rely upon these Certificates and proceed on mere surmises and conjectures. It goes without saying that if the appellant is held to have suffered 60% permanent disability, the notional income of Rs.6500/­ per month fixed by the Tribunal is just, fair and equitable.

7. For the reasons aforesaid, the appeals are allowed; the impugned Judgment and Order dated 17­03­2020 passed by the High Court is set aside and the Award dated 09­05­2019 passed by the Motor Accident Claims Tribunal is restored.  3

8. The Respondent No.1 – Insurance Company is directed to make payment of the awarded amount of Rs.6,39,600/­ along with interest @ 7.5% p.a. as directed by the Tribunal, within a period of six weeks from today.

............J (SURYA KANT) ...............J (J.B. PARDIWALA) NEW DELHI;

17TH OCTOBER, 2022.

ITEM NO.47                   COURT NO.12                SECTION XII

                 S U P R E M E C O U R T O F      I N D I A
                         RECORD OF PROCEEDINGS

    Petitions for Special Leave to Appeal (C)      Nos.293­294/2021

(Arising out of impugned final judgment and order dated 17­03­2020 in CMPMD No. 143/2020 & CMPMD No. 2473/2020 passed by the High Court of Judicature at Madras at Madurai) A. PRAKASH Petitioner(s) VERSUS THE CLAIMS MANAGER M/S IFFCO TOKIO GENERAL Respondent(s) INSURANCE COMPANY LIMITED & ORS.

Date : 17­10­2022 These petitions were called on for hearing today. CORAM :

HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE J.B. PARDIWALA For Petitioner(s) Dr. Ram Sankar, Adv.

Mr. H. Chandra Sekhar, Adv. Ms. Rekha Chandrasekhar, Adv. Mr. A. Vasantha Kumar, Adv. Ms. Sujatha Bagadhi, Adv. Ms. R.V. Shaarumathi, Adv. Mr. G. Jai Singh, Adv. Ms. Divya, Adv.

Mr. Yusuf, AOR For Respondent(s) Mr. Shivam Singh, Adv. Mr. Gopal Singh, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.

The appeals are allowed, in terms of the signed Order.

  (VISHAL ANAND)                                  (PREETHI T.C.)
ASTT. REGISTRAR­cum­PS                           COURT MASTER (NSH)

(Signed Order is placed on the file) 5