Radhika vs M/S.Fastronic Services
2021 Latest Caselaw 10289 Mad

Citation : 2021 Latest Caselaw 10289 Mad
Judgement Date : 22 April, 2021

Madras High Court

Radhika vs M/S.Fastronic Services on 22 April, 2021

                                                                             C.M.A.No.1591 of 2020

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 22.04.2021

                                                       CORAM

                                   THE HON'BLE MR.JUSTICE C.SARAVANAN

                                             C.M.A.No.1591 of 2020
                 Radhika,
                 W/o.K.Kumar                                           ... Appellant

                                                          Vs.
                 1.M/s.Fastronic Services,
                   No.153, 1st Floor, Luz Church Road,
                   Mylapore, Chennai – 600 004.
                 2.Reliance General Insurance Co. Ltd.,
                   Rai s Towers, 2nd Floor, Plot No.2054,
                   2nd Avenue, Anna Nagar,
                   Chennai – 600 040.                                  ... Respondents

                       Civil Miscellaneous Appeal filed under Section 173 of Motor
                 Vehicles Act, 1988 against the Judgment and Decree dated 06.02.2020
                 made in M.C.O.P.No.2670 of 2014 on the file of the Motor Accidents
                 Claims Tribunal (Special Sub Court No.2, Motor Accidents Claims
                 Tribunal, Court of Small Causes), Chennai.

                                   For Appellant       : Mr.Amar Dineshbhai Pandiya
                                   For R2              : Ms.C.Bhuvanasundari


                                                     JUDGMENT

The claimant is the appellant in this appeal and has filed this

appeal for enhancement of compensation.

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2. By the impugned Judgment and decree, the Tribunal has

awarded a sum of Rs.75,000/- under the following heads:-

Sl.No. Heads of Compensation Amount Awarded by the Tribunal

1. Permanent Disability Rs.18,000/-

2. Pain and Sufferings Rs.11,000/-

3. Transportation Charges Rs. 5,000/-

4. Extra Nourishment Rs. 6,000/-

5. Attender Charges Rs. 5,000/-

                        6.         Loss of Income                  Rs.30,000/-
                                   Total                           Rs.75,000/-

3. The learned counsel for the appellant/claimant submits that the

Tribunal ought to have awarded higher amount towards permanent

disability and towards loss of income.

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

submits that the amount of compensation awarded by the Tribunal is

well-reasoned and requires no interference and prays for dismissal of this

appeal.

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5. I have considered the considered the arguments advanced by the

learned counsel for the appellant and the 2nd respondent, perused the

impugned Judgment and decree and the exhibits that were marked before

the Tribunal.

6. In my view, the Tribunal has by and large awarded a just

compensation to the appellant/claimant. However, it has restricted the

loss of income only for three months (i.e., Rs.10,000/- x 3 = Rs.30,000/-)

7. In my view, considering the nature of injuries and the avocation

of the appellant/claimant, it would be fair to assume that the

appellant/claimant would have out of work for atleast six months and

was recuperating from the injury.

8. Under these circumstances, this Court is inclined to enhance the

compensation by fixing the monthly income of the appellant/claimant as

Rs.10,000/- per month. Thus, the amount of compensation awarded by

the Tribunal towards loss of income is enhanced to Rs.60,000/-

(Rs.10,000/-x6 = Rs.60,000/-). The amounts awarded by the Tribunal

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under other heads are just and reasonable, and therefore they are

confirmed.

9. In the result, the total amount of compensation awarded by the

Tribunal is re-computed as follows:-

Sl.No. Heads and Calculation Amount

1. Permanent Disability Rs.18,000/-

2. Pain and Sufferings Rs.11,000/-

3. Transportation Charges Rs. 5,000/-

4. Extra Nourishment Rs. 6,000/-

5. Attender Charges Rs. 5,000/-

                        6.         Loss of Income                   Rs.60,000/-
                                   Total                            Rs.1,05,000/-

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

deposit the enhanced amount of compensation of Rs.1,05,000/- 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

this Judgment.

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11. 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.

12. This Civil Miscellaneous Appeal stands partly allowed with the

above observations and directions. No costs.

22.04.2021

arb Internet : Yes / No Index : Yes/No Speaking Order/Non-speaking Order

To:

1.The Motor Accidents Claims Tribunal, Special Sub Court No.2, Court of Small Causes, Chennai.

2.The Section Officer, Vernacular Section, Madras High Court.