Senthilkumar vs Somasundaram
2021 Latest Caselaw 10347 Mad

                                                                              C.M.A.No.1367 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.1367 of 2020
                 Senthilkumar,
                 S/o.Kandasamy                                          ... Appellant

                                                          Vs.
                 1.Somasundaram,
                   S/o.Muthugounder
                 2.The Oriental Insurance Co., Ltd.,
                   1st Floor, Ponnusamy Gounder Complex,
                   Tiruchengode Road, Sankari Taluk,
                   Salem District.                                      ... Respondents

                       Civil Miscellaneous Appeal filed under Section 173 of Motor
                 Vehicles Act, 1988 against the Judgment and Decree dated 12.03.2020
                 made in M.C.O.P.No.107 of 2016 on the file of the Motor Accidents
                 Claims Tribunal/Subordinate Judge Court, Tiruchengode.

                                   For Appellant       : Mr.T.S.Arthanareeswaran
                                   For R1              : No appearance
                                   For R2              : Ms.R.Sree Vidhya

                                                     JUDGMENT

The claimant is the appellant in this appeal and is aggrieved by the

impugned Judgment and decree dated 12.03.2020 passed by the Motor

Accidents Claims Tribunal, Subordinate Judge Court, Tiruchengode in

M.C.O.P.No.107 of 2016.

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

awarded a sum of Rs.85,200/- as compensation under the following

heads:-

Heads of Compensation Amount awarded by the Tribunal Permanent Disability Rs.15,000/-

Pain & Sufferings Rs.10,000/-

Extra Nourishment and loss of Rs.10,000/-

                         amenities
                         Medical Bills                   Rs.24,200/-
                         Attender Charges                Rs. 5,000/-

                         Transportation Charges          Rs. 5,000/-

Loss of Income for two months Rs.16,000/-

Total Rs.85,200/-

3. The present appeal has been filed by the appellant/claimant for

enhancement of compensation on the ground that the Tribunal committed

an error in awarding a meagre amount of compensation.

4. It is submitted that the appellant/claimant was earning a sum of

Rs.25,000/- per month and therefore the Tribunal ought to have awarded

higher compensation.

5. I have considered the arguments advanced by the learned

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counsel for the appellant and the respondents. I have also perused the

impugned Judgment and decree and the exhibits which forms the basis of

the award.

6. The amount awarded by the Tribunal appears to be reasonable

and therefore a just compensation. The nature of injuries suffered by the

appellant/claimant indicates that there was only grievous injuries and

there was no permanent disability. Under these circumstances, I do not

find any merits in the present appeal.

7. Accordingly, the impugned Judgment and Decree passed by the

Tribunal is confirmed and the appeal filed by the appellant/claimant is

dismissed.

8. The 2nd respondent/Insurance Company is directed to deposit the

compensation awarded by the Tribunal, 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 within a period of six

weeks from the date of receipt of a copy of this Judgment.

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C.SARAVANAN, J.

arb

9. On such deposit being made by the 2nd respondent/Insurance

Company, the appellant/claimant is permitted to withdraw the same as

was ordered by the Tribunal, together with interest accrued thereon, less

the amount already withdrawn if any, by filing suitable application before

the Tribunal. No costs.

22.04.2021 arb Internet : Yes / No Index : Yes/No Speaking Order/Non-speaking Order

To:

1.The Motor Accidents Claims Tribunal, Subordinate Judge Court, Tiruchengode.

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

C.M.A.No.1367 of 2020

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