Kandayee vs Sundaram
2021 Latest Caselaw 10730 Mad

Citation : 2021 Latest Caselaw 10730 Mad
Judgement Date : 27 April, 2021

Madras High Court

Kandayee vs Sundaram on 27 April, 2021

                                                                           C.M.A.No.1396 of 2021

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 27.04.2021

                                                    CORAM

                                   THE HON'BLE MR.JUSTICE C.SARAVANAN

                                             C.M.A.No.1396 of 2021
                 Kandayee
                 W/o.Sekar                                           ... Appellant

                                                      Vs.
                 1. Sundaram
                    S/o.Arthanari
                 2. Arthanari
                    S/o.Chinnagounder
                 3. United India Insurance Co.Ltd.,
                    104-A Ranga Building,
                    Peramanur Main Road,
                    Near Four Roads, Salem-636 007.                       ... Respondents

                       Civil Miscellaneous Appeal filed under Section 173 of Motor
                 Vehicles Act, 1988 against the Judgment and Decree dated 19.01.2021
                 made in M.C.O.P.No.717 of 2019 on the file of the Motor Accidents
                 Claims Tribunal/Special Subordinate Judge No-I, Salem.

                                   For Appellant   : Mr.T.S.Arthanareeswaran
                                   For Respondents :
                                   For R3          : Ms.I.Malar

                                                  JUDGMENT

The claimant is the appellant in this appeal. In this appeal, the

appellant/claimant has sought for enhancement of compensation awarded

by the Tribunal in M.C.O.P.No.717 of 2019 dated 19.01.2021.

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2. The appellant/claimant is stated to be chicken stall owner who

met with an accident on 04.03.2018 and had suffered Grade I

comminuted fractured both bones right leg Tibia and Fibula, segmental

fracture radius and wound debridement. It is stated that she was

hospitalized for a period of 20 days from 04.03.2018 to 23.03.2018.

3. Though the appellant/claimant had made a claim for

Rs.15,00,000/-, the Tribunal has awarded only a sum of Rs.4,56,566/- by

considering the notional income of the appellant/claimant as Rs.7,500/-

per month as against Rs.9,000/-. It is submitted that the Tribunal ought

to have adopted multiplier and awarded further compensation.

4. Defending the impugned Judgment and decree, the learned

counsel for the 3rd respondent/Insurance Company submits that the award

amount itself is slightly higher.

5. However, the 3rd respondent/Insurance Company has not

decided to file an appeal and therefore submits that the award amount

may be confirmed by dismissing the appeal.

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6. Heard the learned counsel for the appellant and the 3rd

respondent.

7. Though the Tribunal has awarded a slightly higher amounts

towards transportation, extra nourishment and attender charges, the

excess even if reduced would get added to the loss during recuperation

from the injury.

8. Considering the over all facts and circumstances of the case, the

amount awarded by the Tribunal for a sum of Rs.4,56,566/- under the

following heads in the impugned Judgment and Decree is reasonable and

a just compensation.

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

1. Pain and Sufferings Rs. 30,000/-

                        2.         Loss of Income             Rs.   37,500/-
                        3.         Medical Expenses           Rs. 2,00,566/-
                        4.         Transportation Charges     Rs.   12,500/-
                        5.         Attender Charges           Rs.   12,500/-
                        6.         Damages to Clothes         Rs.    1,000/-
                        7.         Loss of Amenities          Rs.   25,000/-
                        8.         Permanent Disability       Rs. 1,25,000/-
                                   Total                      Rs. 4,56,566/-



                    _________

https://www.mhc.tn.gov.in/judis/ Page No 3 of 6 C.M.A.No.1396 of 2021

9. Therefore, this appeal filed by appellant/claimant is liable to be

dismissed and is accordingly dismissed.

10. The 3rd 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.

11. On such deposit being made by the 3rd respondent/Insurance

Company, the appellant/claimant is permitted to withdraw her share in

the same proportion as was ordered by the Tribunal, together with

interest accrued thereon, less the amount already withdrawn if any, by