Madras High Court
K.Karthikeyan vs Narendra Salaskar on 20 April, 2021
C.M.A.No.2292 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
C.M.A.No.2292 of 2010
K.Karthikeyan ... Appellant
Versus
1. Narendra Salaskar
2. United India Insurance Co. Ltd.
38, Anna Salai,
Chennai-600 002. ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, against the order and decree dated 30.04.2008 made in
M.A.C.T.O.P. No.4345/2004 on the file of the Motor Accident Claims
Tribunal ( I Fast Track Court) Chennai.
For Appellant : Mr.Ma.P.Thangavel
For 2nd Respondent : Mr.S.Arun Kumar
Page 1 of 8
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C.M.A.No.2292 of 2010
JUDGMENT
This appeal is laid as against the judgment and decree dated
30.04.2008 made in M.A.C.T.O.P. No.4345/2004 on the file of the Motor
Accident Claims Tribunal ( I Fast Track Court) Chennai, thereby awarding
a compensation to the tune of Rs.1,60,000/-
2. For the sake of convenience, the parties are referred to
hereunder according to their litigative status before the Tribunal.
3. The case of the claimant is that on 10.10.2003 at about 11.00
a.m., when he was travelling in a bus bearing Registration No.TN-01-N-
9014 of the M.G.R. Transport Corporation from his college at Kunnathur
towards Tirutani, a lorry belonging to the 1 st respondent bearing Registration
No.AP-13-T-6244 driven by his driver in a rash and negligent manner and
endangering to public safety, dashed against the right side of the bus
wherein the petitioner and others who were travelling in the bus got severally
injured. Due to the said accident, he sustained fracture of shaft of humerus
right arm and other dental fracture at his teeth. He also sustained abrasions
all over his body. Immediately, he was taken to the Government General
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C.M.A.No.2292 of 2010
Hospital, Tiruttani and thereafter referred to Stanly Medical College
Hospital, Chennai. He was treated as in-patient and he had taken treatment
from 10.10.2003 to 6.12.2003. His disability was assessed at 45% and filed
Claim Petition for a sum of Rs.10,00,000/-.
4. Resisting the same, the 2nd respondent filed a counter stating
that the accident took place only on the rash and negligent driving of the bus
in which the claimant was travelled and as such, the 2 nd respondent is held to
be liable for any compensation.
5. On the side of the claimant, he examined P.Ws.1 to 3 and
marked Ex.P.1 to Ex.P22. On the side of the respondents neither oral nor
documentary evidence was let in. On the basis of the evidence available on
records and also considering the submission made by the learned counsel
appearing on either side, the Tribunal found that the negligence was on the
part of the 1st respondent and awarded compensation of Rs.1,60,000/- being
payable by the respondents. Being not satisfied with the quantum of the
compensation awarded by the Tribunal, the claimant came forward with the
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C.M.A.No.2292 of 2010
present appeal seeking enhancement of the award amount.
6. The learned counsel appearing for the claimant submits that at
the time of the accident, the petitioner was aged about 20 years and he was a
student of Marine Engineering and only due to the accident, he could not
continue his studies and only after one year, he continued his studies. Since
he sustained fracture on his right hand, he could not even join in Marine or
Air Force or Military. His teeth were also broken and artificial teeth were
fixed. Therefore, the said disablement was assessed at 30% of his disability.
He was treated as in-patient from 10.10.2003 to 06.12.2003 and even the
Tribunal awarded only a sum of Rs.45,000/- for his pain and sufferings and
in other heads, the Tribunal awarded very meagre amount as compensation.
7. Per contra, the learned counsel appearing for the 2nd respondent
would contend that the Doctor who deposed was nothing but a stock witness
of the court and his evidence cannot be considered for awarding
compensation. The claimant sustained only partial disablement and the
disability at 45% is higher and the Tribunal has rightly awarded
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C.M.A.No.2292 of 2010
compensation at Rs.60,000/- for disablement on his right hand. Further, he
pleaded that the accident took place in the year 2005, as such, the Tribunal
has rightly awarded the compensation and it does not require any
interference at the hands of this Court.
8. Heard Mr.Ma.P.Thangavel, learned counsel appearing for the
claimant and Mr.S.Arun Kumar, learned counsel appearing for the 2nd
respondent.
9. The claimant met with an accident and due to which he suffered
fracture on his right hand. His teeth were also broken and he was admitted
as in-patient on 10.10.2003 and he was discharged from the hospital on
06.12.2003. He has undergone surgery on his right hand and plates were
also fixed to connect the bones. Therefore, his disablement was assessed at
45%. It is only a partial disablement. Even then, the Tribunal awarded only
a sum of Rs.60,000/- as compensation towards disablement. The Tribunal
has awarded only Rs.45,000/- for the pain and sufferings suffered by the
petitioner between 10.10.2003 and 06.12.2003 while taking treatment as
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C.M.A.No.2292 of 2010
in-patient. Therefore, this Court is inclined to enhance the compensation
awarded by the Tribunal.
10. Accordingly the compensation awarded by the Tribunal stands
enhanced as under :-
Sl.No Heads Awarded by the Awarded by this
Tribunal Court
Rs. Rs.
1 Fracture of Right 60,000 75,000
Hand Humerous
Bone
2 Fracture of Teeth 35,000 35,000
3 Pain and Sufferings 45,000 60,000
4 Transportation 10,000 10,000
5 Extra Nourishment 10,000 25,000
Total 1,60,000 2,05,000
11. In the result the Civil Miscellaneous Appeal is allowed as
follows:-
(i) The award passed by the Tribunal is enhanced from Rs.1,60,000/-
to Rs.2,05,000/-;
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C.M.A.No.2292 of 2010
(ii) The award amount will carry the interest at the rate of 7.5% per
annum from the date of the claim petition till the date of deposit;
(iii) The claimant is entitled to get the enhanced award amount;
(iv) The 2nd respondent is directed to deposit the award amount, less
the amount, if any, already deposited, along with accrued interest within a
period of six weeks from the date of receipt of copy of this Judgment.
(v) On such deposit, the claimant is permitted to withdraw the
amount awarded as above by filing proper application before the Tribunal.
(vi) The claimant shall pay requisite Court fee before the receipt of
the copy of the judgment for the enhanced compensation.
(vii) There shall be no order as to costs.
20.04.2021
Index:No
Internet: No
Speaking/Non-speaking Order
tsi
http://www.judis.nic.in
C.M.A.No.2292 of 2010
G.K.ILANTHIRAIYAN, J.
tsi
To
1.The Motor Accident Claims Tribunal,
( I Fast Track Court)
Chennai.
2.The Section Officer,
V.R.Section,
Madras High Court,
Chennai.
C.M.A.No.2292 of 2010
20.04.2021
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