Madras High Court
C.P.Nijitha Mahalakshmi vs M/S.Rsb Transmission (I) Ltd on 21 April, 2021
C.M.A.No.1338 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.04.2021
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.1338 of 2016
C.P.Nijitha Mahalakshmi ...Appellant
Vs
1.M/s.RSB Transmission (I) Ltd.,
D.No.G.23, G.24, SIPCOT Industrial Park,
Katrambakkam, Irugattukottai,
Sriperumbudur,
Kancheepuram District - 602 105
(Was set exparte in the Trial Court)
2.TATA AIG GI.. Insurance Co. Ltd.,
Sampson Towers, 2nd Floor,
No.403-L, Pantheon Road,
Egmore, Chennai – 600 008. ...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the Judgment and Decree dated 01.03.2016
made in MACT O.P.No.2775 of 2013 on the file of the II Judge, Motor
Accidents Claims Tribunal, (Court of Small Causes), Chennai.
For Appellant : Ms.P.T.Salim Fathima
For Respondents : R1 – Exparte before Tribunal
Mr.E.Rajadurai for R2
for Mr.N.Vijaya Raghavan
1/8
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C.M.A.No.1338 of 2016
JUDGMENT
This Appeal has been filed by the claimant seeking enhancement of
compensation under the impugned Award dated 01.03.2016 passed by the
Motor Accident Claims Tribunal, II Court of Small Causes, Chennai in
MCOP.No.2775 of 2013.
2.The Appellant/claimant unsatisfied with the quantum of
compensation awarded by the Tribunal has preferred this Appeal seeking for
enhancement.
3.The details of the compensation awarded by the Tribunal under the
impugned Award are as follows:
Particulars Amount
Transportation, nourishing food Rs.50,000
and miscellaneous expenditure
Medical expenses Rs.1,21,000
Future medical expenses Rs.10,000
Attender charges Rs.10,000
Damages for pain, suffering and Rs.50,000
trauma
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C.M.A.No.1338 of 2016
Particulars Amount
Disability Rs.75,000
Loss occurred to the petitioner Rs.2,00,000
on account of the inability to
participate dance programme
and proper marital alliance
Loss of amenities Rs.20,000
Total Rs.5,36,000/-
4.Heard Ms.P.T.Salim Fathima, learned counsel for the Appellant and
Mr.E.Rajadurai, learned counsel for the second respondent. R1 remained
ex-parte before the Tribunal, hence notice to R1 is dispensed with.
5.The Appellant/claimant has sustained the following injuries:
(a)Tibia Proximal (L)
(b)Fraceturn involving inter articular tibia, fracture is malunited.
(c) ORIF plate and screws with widening of tibia with condyles,
healed painful keloid in left aspect of knee and post traumatic stiffness (L)
knee ROM 0-7 deg., as per the disability certificate issued by the Doctor
who has examined as PW2.
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C.M.A.No.1338 of 2016
6.The Doctor who examined the Appellant/claimant has also observed
that the Appellant/claimant will have difficulty in driving two and four
wheeler due to her limping as a result of injuries sustained by her due to the
accident.
7.The Tribunal under the impugned Award has awarded an overall
compensation of Rs.5,36,000/- under various heads.
8.This Court is of the considered view that excepting for granting a
lesser compensation of Rs.10,000/- towards future medical expenses, the
overall compensation awarded by the Tribunal is a just compensation.
Insofar as the future medical expenses is concerned and after giving due
consideration to the fact that the Appellant/claimant will have difficulty in
driving two and four wheeler as a result of the injuries sustained by her, the
same will have to be enhanced to Rs.30,000/- from Rs.10,000/- fixed by the
Tribunal. Excepting for this modification, there is no scope for any
interference with regard to the compensation awarded by the Tribunal under
various other heads.
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C.M.A.No.1338 of 2016
9.For the foregoing reasons, the compensation awarded by the
Tribunal under the impugned Award is enhanced to Rs.5,56,000/- instead of
Rs.5,36,000/- fixed by the Tribunal as detailed hereunder:
Particulars Award Enhanced/
Amount modified
amount
Transportation, nourishing food Rs.50,000 Rs.50,000
and miscellaneous expenditure
Medical expenses Rs.1,21,000 Rs.1,21,000
Future medical expenses Rs.10,000 Rs.30,000
Attender charges Rs.10,000 Rs.10,000
Damages for pain, suffering and Rs.50,000 Rs.50,000
trauma
Disability Rs.75,000 Rs.75,000
Loss occurred to the petitioner Rs.2,00,000 Rs.2,00,000
on account of the inability to
participate dance programme
and proper marital alliance
Loss of amenities Rs.20,000 Rs.20,000
Total Rs.5,36,000/- Rs.5,56,000/-
10.In the result, the appeal is partly allowed. The second respondent
Insurance Company is directed to deposit the modified amount awarded by
this Court together with interest at the rate of 7.5% per annum from the date
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C.M.A.No.1338 of 2016
of claim till the date of deposit after deducting the amount already deposited if
any to the credit of MCOP.No.2775 of 2013 within a period of four weeks
from the date of receipt of a copy of this Judgment. On such deposit being
made, the Tribunal shall transfer the amount lying to the credit of
MCOP.No.2775 of 2013 to the bank account of the Appellant through
RTGS within a period of one week thereafter. No costs.
21.04.2021
Index:Yes/No
Internet:Yes/No
Speaking/Non-speaking order
pam
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C.M.A.No.1338 of 2016
To
1.The II Judge, Motor Accidents Claims Tribunal,
(Court of Small Causes), Chennai.
2.The Section Officer
V.R.Section, High Court of Madras.
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C.M.A.No.1338 of 2016
ABDUL QUDDHOSE, J.
pam
C.M.A.No.1338 of
21.04.2021
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