Kumar vs K.Eswara Rao
2021 Latest Caselaw 10584 Mad

Citation : 2021 Latest Caselaw 10584 Mad
Judgement Date : 26 April, 2021

Madras High Court

Kumar vs K.Eswara Rao on 26 April, 2021

                                                                           C.M.A.No.1394 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.No.1394 of 2020

                 Kumar                                                     ... Appellant

                                                       Vs.

                 1.K.Eswara Rao
                 2.Reliance General Insurance Co.Ltd,
                   Plot No.6, 6th Floor,
                   Haddows Road, Nungambakkam,
                   Chennai – 600 034.                                    ... Respondents

                       Civil Miscellaneous Appeal filed under Section 173 of Motor
                 Vehicles Act, 1988 against the Judgment and Decree order dated
                 20.03.2019 made in M.C.O.P.No.2421 of 2017, on the file of the Motor
                 Accidents Claims Tribunal, Special Sub Court No.1 Motor Accidents
                 Claims Petitions) Small Causes Court, Chennai.


                                   For Appellants   : M/s.A.Subadra

                                   For Respondents : No appearance

                                                    JUDGMENT

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

impugned judgment and decree dated 20.03.2019 passed by the Motor

Accidents Claims TribunalSpecial Sub Court No.1 Motor Accidents

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Claims Petitions) Small Causes Court, Chennai in M.C.O.P.No.2421 of

2017.

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

awarded a sum of Rs.72,000/- has compensation to the claimant for the

following injuries suffered by the appellant:-

(i)Left Pubic bone

(ii) Fracture left acetabulam anterior and

(iii)Posterior Pillar

3.Heard the learned counsel for the appellant and the respondent.

4.Though the name of the counsel for the respondent appears in the

list and there is no representation and therefore this case was listed under

the caption for passing orders. Despite the same, there is no

representation on behalf of the respondent/Insurance Company. I have

considered the arguments advanced by the learned counsel for the

appellant and the evidence on records namely exhibits that were marked

before the Tribunal and the deposition of P.W.2.

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5.The nature of injuries indicates that the appellant suffered

grevious injury and therefore a meagre compensation of Rs.15,000/-

towards disability at 3000x5 is liable to be increased. Similarly, the

amount awarded towards loss of earning and loss of Future prospectus at

Rs.14,000 and Rs.10,000/- respectively also to be increased as the

appellant would have been out of action for atleast 6 months during the

period from the above injury. Since the appellant would have an action

for atleast 6 months an amount of Rs.75,000/- as awarded loss of income

during the period of treatment at (12,500 x 6). Considering the same, the

amount awarded by the Tribunal is re-computed as follows:-

                    Sl.No.     Heads of   Amount Awarded        Amount          Award
                             Compensation by the Tribunal     awarded by    confirmed or
                                                               this Court    enhanced or
                                                                              reduced or
                                                                            granted or set
                                                                                 aside
                    1.       Disability         Rs.15,000/-   Rs.2,00,000/- Enhanced


                    2.       Pain       and     Rs.20,000/-   Rs. 20,000/- Confirmed
                             Sufferings

                    3.       Extra              Rs.10,000/-     Rs.10,000/- Confirmed
                             Nourishment

                    4.       Transportation      Rs.3,000/-      Rs.3,000/- Confirmed




                    _________

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Sl.No. Heads of Amount Awarded Amount Award Compensation by the Tribunal awarded by confirmed or this Court enhanced or reduced or granted or set aside

5. Loss of Rs. 24,000/- Rs.75,000/- Enhanced Earnings and (Rs.12,500 X Loss of Future 6) Prospectus (Rs.14,000 + Rs.10,000= Rs.24,000) Total Rs.72,000/- Rs.3,08,000/- Enhanced by Rs.2,36,000/-

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

deposit the enhanced amount of compensation of Rs.3,08,000/- 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.

7.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.

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8.This Civil Miscellaneous Appeal stands Partly Allowed with the