Madras High Court
G.Mouly Prasad vs V.Suresh on 21 April, 2021
C.M.A.No.1226 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
C.M.A.No.1226 of 2014
G.Mouly Prasad ... Appellant
Versus
1. V.Suresh
2. The Divisional Manager,
National Insurance Company Ltd.,
Div.No.10, Flat No.101-106, N-1,
BMC House, Connaught Place,
New Delhi - 110 001. ... Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, against the order and decree dated 09.03.2012 made in
M.C.O.P.No.642 of 2009 on the file of the Motor Vehicle Claims Additional
Special Judge, Krishnagiri.
For Appellant : Mr.K.Prasanna
For M.Sriram
For Respondents
For R1 : Notice served
For R2 : Ms.N.B.Surekha
Page 1 of 8
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C.M.A.No.1226 of 2014
JUDGMENT
This appeal is laid as against the judgment and decree dated
09.03.2012 passed by the learned Additional Special Judge, Motor Vehicle
Claims Tribunal, Krishnagiri, in M.C.O.P.No.642 of 2009, thereby awarded
the compensation to the tune of Rs.76,500/-
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 30.08.2006 when the
claimant was riding his two wheeler in Krishnagiri town, near junction road,
a Maruthi van, which was belonged to the first respondent, driven by its
driver in rash and negligent manner and coming in the back side of the two
wheeler, dashed the vehicle. Due to the said accident, the claimant fell down
and sustained grievous injury. Thereafter he had given first aid at
Dr.Umapathy clinic and thereafter he had taken treatment at Government
Hospital, Krishnagiri. Hence the claimant filed claim petition seeking
compensation at Rs.5,00,000/-.
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C.M.A.No.1226 of 2014
4. Resisting the same, the respondent filed counter stating that the
accident was took place only on the rash and negligent driving of the
claimant and not on the fault of the first respondent's vehicle driver.
Therefore, the second respondent is not held to be liable to pay any
compensation as claimed by the claimant and sought for dismissal of the
claim petition.
5. On the side of the claimant, examined P.W.1 & P.W.2 and
marked Ex.A.1 to Ex.A.7. On the side of the respondent, no one was
examined and no material has been marked as exhibit. 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 awarded a sum of
Rs.76,500/- as compensation payable by the respondent. Being not satisfied
with the quantum of the compensation awarded by the Tribunal, the
claimant came forward with the present appeal for enhancement.
6. The learned counsel appearing for the appellant/claimant
submits that the claimant undergone treatment for the fracture of Avulsion
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C.M.A.No.1226 of 2014
Anterior Tibial Spine, which is also certified by P.W.2. His disability was
assessed at 30%. However the Tribunal awarded a sum of Rs.40,000/- for
his disability. On other heads also, the Tribunal awarded very meager
amount as compensation. Therefore, he prayed for enhancement of the
award amount.
7. Per contra, the learned counsel appearing for the second
respondent contended that the claimant did not undergo for any surgery and
he never admitted into the hospital. He was treated as out patient and taken
treatment for his muscles stiffness. Even then, the Tribunal excessively
awarded a sum of Rs.2,000/- per percentage for his disability. Further she
submitted that the claimant failed to produce any discharge summary to
prove that he was admitted as inpatient. There is absolutely no proof to
show that the claimant treated for a long period. Therefore she prayed for
dismissal of the present appeal.
8. Heard Mr.K.Prasanna, learned counsel appearing for the
claimant and Ms.N.B.Surekha, learned counsel appearing for the
respondent.
9. On 30.08.2006, when the claimant was riding in his two
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C.M.A.No.1226 of 2014
wheeler along with pillion rider, the vehicle belonged to the first
respondent, insured with the second respondent dashed the two wheeler and
caused accident. Due to the accident, the claimant sustained fracture on
Avulsion anterior Tibial Spine and it is mal united. Therefore, the claimant
suffered Post Traumatic Arthritis and restricted range of movements.
Admittedly, except the wound certificate, the claimant did not produce any
document to prove that he was admitted as inpatient and took treatment for
long period. No discharge summary was produced by the claimant and he
had not undergone any surgery. Except the disability certificate given by
P.W.2, which is marked as Ex.P.7, no other documents were marked by the
claimant. Considering the same, the Tribunal rightly awarded a sum of
Rs.40,000/- towards temporary disability. However, the Tribunal awarded
very meager amount as compensation under the heads of nutritious food and
attenders expenses. More over, the interest on the award amount granted by
the Tribunal has to be reduced to 7.5% from 9%.
10. Accordingly the compensation awarded by the Tribunal stands
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C.M.A.No.1226 of 2014
modified as under :-
Sl.No Heads Awarded by the Awarded by this
Tribunal Court
1 Temporary disability 40,000 40,000
2 Loss of income 13,500 13,500
3 Nutritious food 2,000 5,000
4 Attenders expenses 1,000 5,000
5 Pain and suffering 10,000 10,000
6 Loss of amenities 10,000 10,000
Total 76,500 83,500
11. In the result the Civil Miscellaneous Appeal is partly allowed
as follows:-
(i) The award passed by the Tribunal is enhanced from Rs.76,500/- to
Rs.83,500/-
(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 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.
(iv) On such deposit, the claimant is permitted to withdraw the
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C.M.A.No.1226 of 2014
amount awarded by filing proper application before the Tribunal.
(v) The appellant/claimant is not entitled to any interest for the
condoned delay (default) period, if any.
(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.
21.04.2021
Index:Yes/No
Internet: Yes/no
Speaking/Non-speaking Order
rts
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1226 of 2014
G.K.ILANTHIRAIYAN, J.
rts
To
1.The Additional Special Judge,
Motor Vehicle Claims Tribunal,
Krishnagiri.
2.The Section Officer,
V.R.Section,
Madras High Court,
Chennai.
C.M.A.No.1226 of 2014
21.04.2021
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