Madras High Court
T.Vishnu vs Grip Well Tapes Pvt. Ltd on 20 April, 2021
C.M.A.No.3729 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.3729 of 2019
T.Vishnu,
S/o.G.Thanickachalam ... Appellant
Vs.
1.Grip Well Tapes Pvt. Ltd.,
No.22/57, Avadi Road,
Konimedu, Redhills,
Chennai – 600 052.
2.ICICI Lombard General Insurance Co. Ltd.,
No.140, Nungambakkam High Road,
2nd Floor, Chottaiobhai Centre,
Chennai – 600 034. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and decree dated 12.09.2018
made in M.C.O.P.No.555 of 2014, on the file of the Motor Accidents
Claims Tribunal (VI Court of Small Causes), Chennai.
For Appellant : Mr.K.Varadha Kamaraj
For Respondents :
For R1 : No appearance
For R2 : Mr.K.Poomalai
JUDGMENT
The claimant is the appellant in this appeal. In this appeal, the
appellant/claimant has sought for enhancement of compensation on the
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ground that the Tribunal has considered a very low compensation
towards injuries suffered by the appellant/claimant.
2. By the impugned Judgement and decree, the Tribunal has
awarded a sum of Rs.1,61,000/- as compensation under the following
heads:-
Sl.No. Heads of Compensation Amount Awarded by the
Tribunal
1. Disability Rs.60,000/-
2. Pain and sufferings Rs.25,000/-
3. Extra Nourishment Rs.10,000/-
4. Transport to Hospital Rs. 5,000/-
5. Damages to clothes Rs. 1,000/-
6. Attender Charges Rs. 2,400/-
7. Medical Expenses Rs.12,124/-
8. Loss of Income Rs.36,000/-
9. Loss of Amenities Rs.10,000/-
Total Rs.1,61,524/-
Rounded off to Rs.1,61,600/-
3. The learned counsel for the appellant/claimant submits that the
Tribunal has awarded a meagre amount of Rs.36,000/- towards loss of
income for a period of three months. i.e., Rs.12,000x3=Rs.36,000/-. It is
further submitted that the Tribunal ought to have awarded some extra
amount towards loss of amenities and attender charges.
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4. The learned counsel for the 2nd respondent/Insurance Company
on the other hand submits that the impugned Judgment and decree passed
by the Tribunal is well-reasoned and requires no interference.
5. Heard the learned counsel for the appellant and the 2 nd
respondent. I have perused the impugned Judgment and decree and the
exhibits marked before the Tribunal.
6. In my view, the Tribunal has moreoreless awarded a just
compensation considering the injuries suffered by the appellant/claimant.
7. Considering nature of injuries suffered by the
appellant/claimant, this Court is inclined to enhance the compensation by
fixing the notional income of the appellant/claimant as Rs.16,000/- per
month. The nature of injuries would have put him out of action atleast
for a period of six months. Considering the same, the compensation
awarded by the Tribunal towards loss of income is enhanced to
Rs.80,000/-, (Rs.16,000/-x6 = Rs.80,000/-). Therefore, the amount
awarded towards attender charges is also enhanced by another sum of
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C.M.A.No.3729 of 2019
Rs.7,600/- and towards loss of amenities is enhanced to Rs.25,000/- by
adding another sum of Rs.15,000/-.
8. Therefore, this Court is inclined to enhance the compensation as
follows:-
Heads and calculation Amount
Disability
Rs. 75,000/-
Pain & sufferings Rs. 25,000/-
Extra Nourishment Rs. 10,000/-
Transportation Charges Rs. 5,000/-
Damages to Clothes Rs. 1,000/-
Attender Charges Rs. 10,000/-
Medical Expenses Rs. 12,124/-
Loss of Income Rs. 80,000/-
Loss of Amenities Rs. 25,000/-
Total Rs.2,43,124/-
Rounded off to
Rs.2,43,200/-
9. The 2nd respondent/Insurance Company is therefore directed to
deposit the enhanced amount of compensation of Rs.2,43,200/- together
with interest at 7.5% per annum from the date of numbering 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 a copy of
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C.M.A.No.3729 of 2019
this Judgment.
10. On such deposit being made by the 2nd respondent/Insurance
Company, the appellant/claimant is permitted to withdraw the same
together with interest accrued thereon, less any amount already
withdrawn in the same proportion as was ordered by the Tribunal.
11. This Civil Miscellaneous Appeal stands partly allowed with the
above observations and directions. No costs.
20.04.2021
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Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
To:
1.The Motor Accidents Claims Tribunal,
VI Court of Small Causes, Chennai.
2.The Section Officer,
Vernacular Section,
Madras High Court.
C.SARAVANAN, J.
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