Arulprakash vs Jerin Prakash
2021 Latest Caselaw 10578 Mad

Citation : 2021 Latest Caselaw 10578 Mad
Judgement Date : 26 April, 2021

Madras High Court

Arulprakash vs Jerin Prakash on 26 April, 2021

                                                                            C.M.A.No.4034 of 2019


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 26.04.2021

                                                       CORAM

                                     THE HON'BLE MR.JUSTICE C.SARAVANAN

                                                C.M.A.No.4034 of 2019

                                             (Through Video Conferencing)

                     Arulprakash                                                ... Appellant

                                                          Vs.

                     1.Jerin Prakash

                     2.The Bajaj Allianz General Insurance Co. Ltd.,
                       Divisional Office at Sri Lakshmi Complex,
                       1st Floor, Bharathi Street, Omalur Main Road,
                       Swarnapuri, Salem – 636 001.

                     3.The Managing Director,
                       Tamil Nadu State Transport Corporation Ltd.,
                       Salem Division-1, No.12, Ramakrishna Road,
                       Salem – 636 007.                                         ... Respondents

                               Civil Miscellaneous Appeal filed under Section 173 of the Motor
                     Vehicles Act, 1988, against the Judgment and Decree in M.C.O.P.No.786
                     of 2016, dated 04.07.2019 on the file of the Motor Accidents Claims
                     Tribunal, Special Subordinate Judge No-II, Salem.




                     ____________
https://www.mhc.tn.gov.in/judis/
                     Page No 1 of 9
                                                                            C.M.A.No.4034 of 2019


                                     For Appellant     : Mr.T.S.Arthanareeswaran

                                     For R1            : No appearance

                                     For R2            : M/s.K.Poomalai

                                     For R3            : Mr.D.Venkatachalam


                                                     JUDGMENT

The claimant is the appellant in this Civil Miscellaneous Appeal .

The claimant is aggrieved by the impugned Judgment and Decree dated

04.07.2019 passed by the Motor Accident Claims Tribunal (Special

Subordinate Court No.II, Salem), Salem in M.C.O.P.No.786 of 2016.

2. By the impugned Judgment and Decree dated 04.07.2019, the

Tribunal has awarded a sum of Rs.6,00,533/- as compensation together

with interest at 7.5% per annum from the date of claim petition till the

date of deposit to the appellant. By the impugned Judgment and Decree,

the the Tribunal has also ordered pay and recovery since the driver of the

offending vehicle was not possessing a valid driving license who is the

appellant in this appeal. Aggrieved by the same, the present Civil

Miscellaneous Appeal has been filed.

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3. The case of the appellant was that on 01.01.2016, at about 7.40

p.m, the appellant was riding a Motorcycle (TVS Apache) bearing

registration No.TN-34-S-5920 on the Salem – Tiruchengode Main Road

at Mallasamuthiram, Mealmugam, Suriyagoundampalayam, near TCMS

Bus Stop. At that time, the driver of a omni bearing registration No.TN-

30-AB-0774 belonging to the first respondent insured with the second

respondent while overtaking a Bus bearing registration No.TN-30-N-

0589 belonging to the third respondent Tamil Nadu State Transport

Corporation hit the appellant, as a result of which, the appellant sustained

grievous injuries and was taken to the hospital.

4. Therefore, he filed the claim petition for the injuries suffered by

him, on which, the aforesaid compensation has been awarded.

5. The learned counsel for the appellant submitted that the amount

of compensation awarded by the Tribunal was to be enhanced

considering the fact that the appellant suffered the following injuries:-

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i. Right frontal thin EDH, left temporal contusion ii. Fracture right clavicle iii. Fracture mandible right symphysis and left angle.

6. Apart from the above, the appellant also lost his tooth.

Therefore, the appellant seeks enhancement of compensation awarded by

the Tribunal.

7. Defending the impugned order, the learned counsel for the

second respondent Insurance Company submits that the impugned

Judgment and Decree is well reasoned and requires no interference and

prays for confirming the award amount and dismissal of the present

appeal.

8. The learned counsel for the third respondent Tamil Nadu State

Transport Corporation Limited submits that the impugned Judgment and

Decree may be confirmed and prays for dismissal of this appeal.

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9. I have considered the arguments advanced by the learned

counsel for the appellant and learned counsel for the second respondent

and the learned counsel for the third respondent Tamil Nadu State

Transport Corporation. I have perused the impugned Judgment and

Decree passed by the Tribunal and evidence on record.

10. In my view, a sum of Rs.90,000/- and Rs.42,000/- awarded by

the Tribunal towards permanent disability and the loss of income for the

period of six months appears to be low as the appellant has also lost his

teeth. It would require a dental surgery and requires the appellant to

regularly visit the dentist due to the permanent disability.

11. Therefore, a sum of Rs.90,000/- awarded towards permanent

disability is enhanced by another sum of Rs.25,000/-. Since the Tribunal

has awarded a sum of Rs.42,000/- by considering the notional income of

the appellant as Rs.7,000/- per month, I am of the view, the notional

income of the appellant can be taken to Rs.12,500/- per month.

Therefore, a sum of Rs.42,000/- awarded towards loss of income for the

period six month is enhanced to Rs.75,000/- (Rs.12,500/- x 6).

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12. Similarly, since the amount of compensation awarded by the

Tribunal towards Transport Expenses, Extra Nourishment and Attendar

Charges appear to be low, same is enhanced to Rs.15,000/-, Rs.15,000/-

and Rs.12,000/- respectively.

13. Details of the compensation awarded by the Tribunal and the

enhanced amount of compensation awarded by this Court is given as

follows:-

Heads Award amount of Enhanced amount Status the Tribunal of this Court Permanent Disability Rs. 90,000/- Rs.1,15,000/- Enhanced Pain and Sufferings Rs. 30,000/- Rs. 30,000/- Confirmed Loss of amenities Rs. 30,000/- Rs. 30,000/- Confirmed Medical Expenses Rs.3,82,533/- Rs.3,82,533/- Confirmed Loss of Income for 6 months Rs. 42,000/- Rs. 75,000/- Enhanced Transport Expenses Rs. 10,000/- Rs. 15,000/- Enhanced Extra Nourishment Rs. 10,000/- Rs. 15,000/- Enhanced Attendar Charges Rs. 5,000/- Rs. 12,000/- Enhanced Damages to Clothes Rs. 1,000/- Rs. 1,000/- Confirmed Enhanced by another Total Rs.6,00,533/- Rs.6,75,533/-

sum of Rs.75,000/-

14. Therefore, the second respondent is directed to deposit a sum

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of Rs.6,75,533/- together with interest at 7.5% per annum from the date

claim petition till the date of deposit in the method of payment ordered by

the Tribunal, less any amount already deposited, by filing suitable

applications before the Tribunal. The pay and recovery ordered by the

Tribunal is confirmed. Therefore, the second respondent is entitled to

recover the same from the owner of the insured vehicle in accordance

with law.

15. On such deposit, the appellant is permitted to withdraw the

same together with interest, less any amount already withdrawn, by filing