Madras High Court
P.Sundara Sivaji vs P.Kaliammal on 20 April, 2021
C.M.A. No.1757 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2021
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A. No.1757 of 2016
P.Sundara Sivaji .... Appellant
versus
1. P.Kaliammal
2. The Oriental Insurance Company Ltd.
No.90-A, KVA Complex,
Thuraiyur Road,
Namakkal Town. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 for enhancement of the award in the judgment and
decree dated 22.11.2011 and made in MCOP No.5 of 2009 on the file of
MACT / Sub Court at Namakkal.
For Appellant : Mr.M.Lokesh
for Mr.Ma.P.Thangavel
For Respondents : Mr.S.Arunkumar for R2
R1- Exparte
JUDGMENT
This appeal has been filed by the claimant seeking enhancement of
compensation under the impugned award passed by the Motor Accident
Claims Tribunal, Sub Court at Namakkal in MCOP No.5 of 2009.
https://www.mhc.tn.gov.in/judis/
C.M.A. No.1757 of 2016
2. The appellant sustained injuries on 18.08.2008 as a result of an
accident caused by a vehicle insured with the second respondent. He
preferred a claim before the Tribunal against the respondents seeking for
compensation.
3. The Tribunal under the impugned award directed the respondents
to pay the appellant a compensation of Rs.98,623/- together with interests
and costs to the appellant as detailed hereunder:
Heads Amount awarded
by the Tribunal
(Rs.)
35% Disability compensation 35000
Pain and suffering 10000
Loss of amenities 5000
Medical bills 46123
Transportation and extra 2500
nourishment
Total 98623
4. The Tribunal has committed a calculation error while assessing the
total compensation payable to the appellant / claimant and thus, the total
compensation under the impugned award works out only to Rs.98,623/- and
not Rs.1,01,123/-.
https://www.mhc.tn.gov.in/judis/
C.M.A. No.1757 of 2016
5. The appellant / claimant unsatisfied with the quantum of
compensation awarded by the Tribunal under the impugned award has
preferred this appeal seeking for enhancement.
6. Heard Mr.M.Lokesh, learned counsel for the appellant and
Mr.S.Arunkumar, learned counsel for the second respondent / Insurance
Company. R1 was set ex-parte before the Tribunal, hence notice to R1 is
dispensed with.
7. This Court has perused the materials and evidence available on
record before the Tribunal.
8. The appellant / claimant has sustained both bone fractures in both
hands, plates and screws were fixed and there was mal union of bones and
the Doctor, who examined him (PW2) has assessed the permanent disability
of the appellant / claimant at 40%, as per Ex.P10. The Tribunal however
reduced the disability to 35% and has awarded a disability compensation of
Rs.35,000/- to the appellant / claimant calculated at Rs.1,000/- per
https://www.mhc.tn.gov.in/judis/
C.M.A. No.1757 of 2016
percentage of disability. This Court is of the considered view that the
Tribunal ought to have considered the year of the accident before assessing
the disability compensation. The accident happened in the year 2008 and
considering the year of the accident, the disability compensation is
enhanced by this Court to Rs.70,000/- calculated at Rs.2,000/- per
percentage of disability instead of Rs.1,000/- per percentage of disability,
fixed by the Tribunal. Accordingly, the disability compensation is enhanced
to Rs.70,000/- from Rs.35,000/- fixed by the Tribunal.
9. Insofar as the compensation awarded by the Tribunal towards pain
and suffering is concerned, the same is confirmed by this Court as the
compensation awarded by the Tribunal under the said head at Rs.10,000/- is
a just compensation.
10. However, the Tribunal under the impugned award has granted a
lesser compensation towards loss of amenities, transportation and extra
nourishment charges which will have to be necessarily enhanced by this
Court considering the year of the accident and the nature of the injuries
https://www.mhc.tn.gov.in/judis/
C.M.A. No.1757 of 2016
sustained by the appellant / claimant. Accordingly, the compensation
awarded by the Tribunal towards loss of amenities is enhanced to
Rs.10,000; towards transportation and extra nourishment is enhanced from
Rs.2500/- to Rs.10,000/-.
11. The Tribunal has awarded a compensation of Rs.46,123/- towards
medical bills based on the medical bills produced by the appellant / claimant
before the Tribunal, which were marked as Exhibits. The same is confirmed
by this Court.
12. However, the Tribunal failed to award any compensation towards
attender charges and this Court is of the considered view that a sum of
Rs.5,000/- will have to be awarded to the appellant / claimant towards
attender charges, considering the nature of injuries and the period of
hospitalisation. Accordingly, Attender charges is fixed by this Court at
Rs.5,000/-.
https://www.mhc.tn.gov.in/judis/
C.M.A. No.1757 of 2016
13. For the foregoing reasons, the award of the Tribunal is hereby
modified in the following manner :
Heads Amount awarded Amount awarded
by the Tribunal by this Court
(Rs.) (Rs.)
35% Permanent disability 35,000 70,000
*Rs.1,000/- x 35% * #
#Rs.2,000/- x 35%
Pain and suffering 10,000 10,000
Loss of amenities 5,000 10,000
Medical bills 46,123 46,123
Transportation and extra 10,000
nourishment 2,500
Attender charges - 5,000
Total 98,623/- 1,51,123/-
14. In the result, the appeal filed by the appellant / claimant, stands
partly allowed by enhancing the compensation from Rs.98,623/- to
Rs.1,51,123/- as indicated above. No costs.
15. The second respondent / Insurance Company is directed to
deposit the entire award amount as assessed by this Court together with
interest at 7.5% p.a. from the date of claim petition till the date of
https://www.mhc.tn.gov.in/judis/
C.M.A. No.1757 of 2016
realization, less the amount, if any, already deposited to the credit of
MCOP No.5 of 2009 on the file of the Sub Court, Motor Accident Claims
Tribunal at Namakkal, within a period of four weeks from the date of
receipt of a copy of this Judgment. On such deposit being made, the
Tribunal is directed to transfer the award amount directly to the bank
account of the appellant /claimant, through RTGS, within a period of two
weeks thereafter. The requisite Court fee, if any has to be paid by the
appellant/claimant before receiving the copy of this Judgment.
20.04.2021
vsi2
Index : Yes / No
Internet : Yes / No
Speaking / Non speaking
To :
1. The Sub Judge,
Motor Accident Claims Tribunal,
Sub Court
Namakkal.
https://www.mhc.tn.gov.in/judis/
C.M.A. No.1757 of 2016
ABDUL QUDDHOSE, J.
vsi2
2. The Section Officer,
V.R. section,
High Court, Madras - 104.
C.M.A. No.1757 of 2016
20.04.2021
https://www.mhc.tn.gov.in/judis/
