Madras High Court
P.Selvam vs N.Kasirajan on 26 April, 2021
C.M.A.Nos.348 & 946 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.Nos.348 & 946 of 2020
and
C.M.P.No.5913 of 2020
C.M.A.No.348 of 2020
P.Selvam, ... Appellant
S/o.Paramasivam
Vs.
1. N.Kasirajan,
S/o.Natarajan
2. The New India Assurance Company Ltd.,
Motor TP HUB, Mochi Complex,
Jawaharlal Nehru Salai,
Pondicherry. ... Respondents
CMA.No.946 of 2020
The New India Assurance Company Ltd.,
Rep.by its Assistant Manager,
Motor Third Party Cell,
No.45, Moore Street,
Chennai 600 001. ... Appellant
Vs.
1. P.Selvam
S/o.Paramasivam
2. N.Kasirajan,
S/o.Natarajan ... Respondents
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https://www.mhc.tn.gov.in/judis/
Page No 1 of 8
C.M.A.Nos.348 & 946 of 2020
Common Prayer: Civil Miscellaneous Appeal filed under Section 173 of
Motor Vehicles Act, 1988 against the Judgment and Decree in
M.C.O.P.No.112 of 2017, dated 28.08.2019 on the file of the Motor
Accidents Claims Tribunal, Principal Subordinate Judge at
Virudhachalam.
In C.M.A.No.348 of 2020
For Appellant : Mr.S.Udaya Kumar
For Respondents
For R1 : No Appearance
For R2 : Mr.P.Kandasamy
In CMA.No.946 of 2020
For Appellant : Mr.P.Kandasamy
For Respondents
For R1 : Mr.S.Udaya Kumar
For R2 : No Appearance
COMMON JUDGMENT
Both the insurance company and the claimants are the appellants in
these appeals. By this common order, both the appeals are being
disposed of.
2. C.M.A.No.348 of 2020 has been filed by the claimant for
enhancement of compensation. The value of the appeal is Rs.43,000/- on
the assumption that the Tribunal has awarded a sum of Rs.4,56,920/-.
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C.M.A.Nos.348 & 946 of 2020
3. C.M.A.No.946 of 2020 has been filed by the insurance company
on the same assumption and it has questioned the compensation awarded
by the Tribunal in the impugned Judgment and decree.
4. I have heard the learned counsel for the respective appellants
and the respondents i.e., the claimaints and the insurance company in the
respective appeals. I have also perused the impugned Judgment and
decree.
5. The Tribunal has wrongly computed the compensation as
below:-
Head of Amount of Actual amount of
Compensation Compensation compensation
Loss of Income and Rs.3,49,920/- * Rs.38,880/-
Disability (9000x12x18x2/100) (Rs.9000x12x18x2/100)
Loss of Income for Rs.45,000/- Rs.45,000/-
5 months (9,000x5)
Pain and Suffering Rs.40,000/- Rs.40,000/-
Transport Rs.10,000/- Rs.10,000/-
Nourishment Rs. 5,000/- Rs. 5,000/-
Attender Charges Rs.10,000/- Rs.10,000/-
Total Rs.4,56,920/- Rs.1,48,880/-
* Calculation Error
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C.M.A.Nos.348 & 946 of 2020
6. Thus, there is a defect in drafting of the decree and the amounts
mentioned in the impugned Judgment and decree dated 28.08.2019. The
actual amount of compensation as per the impugned Judgment and
decree should have been only Rs.1,48,880/-, whereas, the Tribunal has
awarded a sum of Rs.4,56,920/- by making an erroneous calculations as
detailed above.
7. Therefore, both the insurance company and the claimants ought
to have approached the Tribunal for having the order corrected under
Section 152 of C.P.C. Be that as it may, I am inclined to over look such
mistakes in calculation committed by the Tribunal by considering the
amount of compensation awarded in the impugned Judgment and decree
as Rs.1,48,880/- to avoid further delay.
8. The question that requires to be answered in this appeal is
whether the aforesaid amount of compensation of Rs.1,48,880/- is just or
not for the injuries suffered by the appellants.
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Page No 4 of 8
C.M.A.Nos.348 & 946 of 2020
9. The nature of injuries suffered by the appellants are as follows:-
(i) Left side facial bone fracture
(ii) Multiple injury over lower jaw
(iii) Injury over right shoulder
(iv) Injury over neck
(v) Injury over chest
(vi) Injury over right arm
(vii) Bleeding from ear
(viii) Loss of three teeth
10. In my view, the Tribunal has by and large awarded a Just
compensation under conventional heads. However, it has committed an
error while awarding an amount of Rs.38,880/- only towards the above
injuries. In my view, the amount awarded towards injury for a sum of
Rs.38,880/- is meagre. It therefore requires to be increased. For the
injuries suffered for fracture of facial bone and multiple injury over lower
jaw and towards loss of three teeth a sum of Rs.75,000/- can be awarded.
11. In the result, the amount awarded by the Tribunal is
re-computed as follows:-
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Page No 5 of 8
C.M.A.Nos.348 & 946 of 2020
Sl. Heads of Amount Amount awarded Award
No. Compensation awarded by the by this Court confirmed or
Tribunal enhanced or
granted or
reduced
1. Loss of Income and Rs.3,49,920/- Rs.75,000/- Reduced
Disability (9000x12x18x2/
100)
2. Loss of income for Rs.45,000/- Rs.45,000/- Confirmed
5 months
3. Pain & Sufferings Rs.40,000/- Rs.40,000/- Confirmed
4. Transportation Rs.10,000/- Rs.10,000/- Confirmed
Charges
5. Extra Nourishment Rs. 5,000/- Rs. 5,000/- Confirmed
6. Attender Charges Rs.10,000/- Rs.10,000/- Confirmed
Total Rs.4,56,920/- Rs.1,85,000/- Reduced by
Rs.2,71,920/-
12. The 2nd respondent/insurance company, is therefore directed to
deposit the amount of compensation of Rs.1,85,000/- together with
interest at 7.5% per annum from the date of filing of the claim petition
till the date of such deposit within a period of six weeks from the date of
receipt of the copy of this Judgment.
13. On such deposit being made by the 2 nd respondent/insurance
company, the appellant/claimant is permitted to withdraw the same
together with interest accrued thereon, less the amount already
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C.M.A.Nos.348 & 946 of 2020
withdrawn if any, by filing suitable application before the Tribunal.
14. The Tribunal has ordered pay and recovery to the 2nd
respondent/insurance company. To that extent, the impugned Judgment
and decree passed by the Tribunal is confirmed. The appeal filed by the
appellant/claimant in C.M.A.No.348 of 2020 is partly allowed while in
C.M.A.No.946 of 2020 filed by the Insurance Company is dismissed. No
costs. Consequently, connected Civil Miscellaneous Petition is closed.
26.04.2021
arb
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
To:
1. The Motor Accidents Claims Tribunal,
Principal Sub Court, Vridhachalam.
2. The Section Officer,
Vernauclar Section,
Madras High Court.
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Page No 7 of 8
C.M.A.Nos.348 & 946 of 2020
C.SARAVANAN, J.
arb
C.M.A.Nos.348 & 946 of 2020
and
C.M.P.No.5913 of 2020
26.04.2021
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Page No 8 of 8
