Madras High Court
Chandirapriya vs G.Mohan on 21 April, 2021
CMA.No.1829 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.1829 of 2020
(Through Video Conferencing)
Chandirapriya ... Appellant
Vs.
1.G.Mohan
2.The Oriental Insurance Company Limited,
No.115/116, Second Floor,
Oriental House,
Prakasam Salai, Broadway,
Chennai – 600 108. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the judgment and decree dated 20.11.2019
made in M.A.C.T.O.P.No.4093 of 2017, on the file of the Motor
Accident Claims Tribunal, Special Sub Court No.1, Small Causes Court,
Chennai.
For Appellant : M/s.A.Subadra
For R2 : Mr.D.Bhaskaran
1/6
https://www.mhc.tn.gov.in/judis/
CMA.No.1829 of 2020
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the claimant
for the enhancement of compensation awarded by the Tribunal in the
impugned judgment and decree dated 20.11.2019 in MACTOP.No.4093
of 2017.
2. In this appeal, the learned counsel for the appellant has
questioned the compensation awarded by the Tribunal by awarding the
loss of income only for a period of two months, even though the
evidence on record in Ex.P.5 would indicate the loss of income for seven
months and there was no credit of income to the appellant. It is further
submitted that the Tribunal has not awarded any amount towards loss of
treatment and towards attendant charges.
3. Defending the impugned judgment and decree, the learned
counsel for the second respondent submits that the impugned judgment
is well reasoned and requires no interference and prays for the dismissal
of appeal.
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CMA.No.1829 of 2020
4. Heard the learned counsel for the appellant and the learned
counsel for the second respondent and perused the impugned judgment
and decree.
5. Considering the evidence on record, there is no dispute in the
nature of the injury suffered by the appellant. The appellant sustained
injuries on head viz., left temporal contusion with subdural edema and
there is no permanent disability. Nevertheless, there is no compensation
for the injuries suffered by the appellant.
6. In my view, the compensation awarded by the Tribunal towards
injury (disability at Rs.24,000/-) is reasonable. That apart, the Tribunal
has awarded a sum of Rs.48,442/- towards loss of earning and towards
loss of future prospects (Rs.28442 + 20000).
7. In my view, it is fair to conclude that the appellant would have
worked atleast for six months. The claimant's monthly income is
Rs.14,221/-. Therefore the consolidated amount of Rs.50,000/- is added
towards loss of earning and under other miscellaneous heads including
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CMA.No.1829 of 2020
expenses which the appellant would have incurred, while undergoing
treatment.
8. In the result, the total compensation is enhanced by another
sum of Rs.50,000/-. The other heads of the compensation are confirmed.
9. The second respondent is therefore, directed to deposit the
enhanced compensation of Rs.50,000/- together with interest, less any
amount already deposited before the Motor Accidents Claims Tribunal,
Special Sub Court No.1, Small Causes Court, Chennai, within a period
of six weeks from the date of receipt of a copy of this order. On such
deposit, the appellant is entitled to file an appropriate application for
payment of cost.
10. Accordingly, this Civil Miscellaneous Petition is partly
allowed. No costs.
21.04.2021
drl
Index : Yes/No
Internet : Yes/No
https://www.mhc.tn.gov.in/judis/
CMA.No.1829 of 2020
To:
1.The Motor Accidents Claims Tribunal,
Special Sub Court No.1,
Small Causes Court, Chennai.
2.The Section Officer,
VR Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis/
CMA.No.1829 of 2020
C.SARAVANAN, J.
drl
C.M.A.No.1829 of 2020
21.04.2021
https://www.mhc.tn.gov.in/judis/
