Govindarajan vs A.Jeeva
2021 Latest Caselaw 10079 Mad

                                                                         C.M.A.No.1380 of 2021

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED: 20.04.2021

                                                   CORAM

                                   THE HON'BLE MR.JUSTICE C.SARAVANAN

                                           C.M.A.No.1380 of 2021

                 Govindarajan                                               ... Appellant

                                                       Vs.

                 1.A.Jeeva
                 2.The New India Assurance Co, Ltd,
                   Motor Third Party Cell,
                   No.45, Moore Street,
                   Chennai – 01.                                          ... Respondents

                       Civil Miscellaneous Appeal filed under Section 173 of Motor
                 Vehicles Act, 1988 against the fair and decreetal order dated 09.10.2018
                 made in M.C.O.P.No.4578 of 2014, on the file of the Motor Accidents
                 Claims Tribunal, (IV Small Causes Court), Chennai.

                                       For Appellant     : Mr.K.Varadha Kamaraj


                                              JUDGMENT

The claimant is the appellant in this appeal. He has filed this

appeal against the impugned judgment and decree dated 09.10.2018

passed by the Motor Vehicle Accident Claims Tribunal (IV Small Causes

Court), Chennai in M.C.O.P.No.4578 of 2014.

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2.By the impugned judgment and decree, the Tribunal has awarded

a sum of Rs.2,17,500/- as compensation together with interest accrued

thereon at 7.5% from the date of petition i.e, 01.08.2014 till the date of

deposit for the injury sustained by the appellant by holding the

respondents 1 and 2. The owner of the vehicle and the insurer jointly

and severely liable to pay the aforesaid compensation.

3.In this appeal, the appellant has sought for enhancement of

compensation by another sum of Rs.2,00,000/- over and above

Rs.2,17,500/- before the Tribunal. The appellant had claimed a sum of

Rs.10,45,000/- under various heads as compensation but had restricted it

to for a sum of Rs.6,00,000/-.

4.The Tribunal had considered the nature of injuries suffered by

the appellant and awarded the aforesaid compensation of Rs.2,17,500/-

under the following heads:-

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Towards Transportation and Rs.20,000 nourishing food Attender Charges Rs.12,500 Medical Expenses Rs. 5,000 Disability Rs.75,000 Loss of Earning Rs.30,000 Damages for pain, suffering and Rs.50,000 trauma Loss of Amenities Rs.25,000 Total Rs.2,17,500

5.The case of the appellant in this appeal is that the Tribunal erred

in reducing the disability from 40% to 25%. It is therefore submitted

that the Tribunal ought to have awarded the compensation due to

disability as was assessed by the P.W2, considering the grievous nature

of injuries suffered by the appellant, surgeries undergone and the period

of treatment.

6.It is specifically stated that the amount awarded towards

disability at Rs.75,000/- was liable to be enhanced. It is further

submitted that the Tribunal ought to have awarded higher amount of

compensation towards pain and suffering and that the Tribunal erred in

awarded an amount of Rs.20,000/- towards Transportation and Extra

nourishment.

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7.The learned counsel for the 2nd respondent/Insurance Company

submits that the impugned judgment and decree is well reasoned and

requires no interference. He therefore prays for dismissal of the appeal.

8.I have considered the arguments advanced by the appellant and

the respondent.

9.In my view, the Tribunal has awarded a just compensation for the

injuries suffered by the appellant. Though the amount awarded for the

disability for a sum of Rs.75,000/- is low, and the amount awarded

towards pain and suffering and loss of amenities is in excess and

therefore even if there is a marginal enhancement of compensation

towards disability, the amount awarded towards pain and suffering and

loss of amenities will have to be reduced. In my view, there is no useful

purpose in disturbing the heads of compensation. The amount awarded

under the different heads of compensation to arrive at the same

compensation is confirmed. Therefore, I do not find any merits in the

present appeal.

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10.The 2nd respondent/Insurance Company is directed to deposit

the compensation awarded by the Tribunal, together with interest at 7.5%

per annum from the date of the claim petition till the date of such

deposit, less any amount already deposited by it, within a period of six

weeks from the date of receipt of the copy of this Judgment.

11.On such deposit, the appellant/claimant is entitled to withdraw

his amount together with interest as directed by the Tribunal, by filing

suitable application before Tribunal.

12.Accordingly, the appeal filed by the appellant/claimant is liable

to be dismissed. No costs.

20.04.2021 jas Internet : Yes / No Index : Yes/No Speaking Order/Non-speaking Order

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C.SARAVANAN, J.

jas

To:

1.The New India Assurance Co, Ltd, Motor Third Party Cell, No.45, Moore Street, Chennai – 01.

2.The Motor Accidents Claims Tribunal, (IV Small Causes Court), Chennai.

3.The V.R.Section, Madras High Court, Madras.

C.M.A.No.1380 of 2021

20.04.2021

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