Madras High Court
M.Promoth vs Sri Lakshmi Saraswathi Motor ... on 27 April, 2021
C.M.A.No.1237 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.04.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
C.M.A.No.1237 of 2012
M.Promoth ... Appellant
-vs-
1.Sri Lakshmi Saraswathi Motor Service
No.84 A, Thanduma Nagar,
Jawaharlal Nehru Road,
Chennai - 600 016.
2.National Insurance Co. Ltd.,
Plot No.C-20, AD 1-II Avenue,
Anna Nagar,
Chennai - 600 040. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, against the Judgment and Decree dated 01.08.2011
made in MACT.O.P.No.2074 of 2009 on the file of the IV Judge, Motor
Accidents Claims Tribunal (Small Causes Court), Chennai.
1/8
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C.M.A.No.1237 of 2012
For Appellant : Ms.V.Suguna
For Respondents : Mr.S.Vadivel for R2
R1 - Exparte
*********
JUDGMENT
This Civil Miscellaneous Appeal has been filed against the Judgment
and Decree dated 01.08.2011 made in MACT.O.P.No.2074 of 2009 on the
file of the IV Judge, Motor Accidents Claims Tribunal (Small Causes
Court), Chennai.
2. For the sake of convenience, the parties are referred to hereunder
according to their litigative status before the Tribunal.
3. The case of the claimant is that, when the claimant was riding his
motor cycle along with one Vijayakanth, a bus which was driven by its
driver in a rash and negligent manner and dashed against the motor cycle.
Due to the accident, the claimant and the pillion rider sustained grievous
injuries. The bus was owned by the first respondent and was insured with
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C.M.A.No.1237 of 2012
the second respondent. As a result of the accident, the claimant sustained
grievous injuries on his head and undergone surgery on his head. His
permanent disability was assessed at 70% by the Doctor. Hence, the claim
petition.
4. Resisting the same, the second respondent filed counter disputing
the age, occupation, employer, monthly income, nature of injuries and
period of treatment including the disability sustained by the claimant. The
driver of the bus owned by the first respondent driven his bus in a normal
speed with care and as such the accident was not took place due to the rash
and negligent driving of the driver of the bus.
5. On the side of the claimant, P.W.1 to P.W.3 were examined and
Ex.P1 to Ex.P19 were marked. On the side of the respondents no one was
examined and no exhibits were marked. On a perusal of the evidence
available on record and also considering the submissions made by the
learned counsel appearing on either side, the Tribunal awarded a a sum of
Rs.9,50,100/- (Rupees Nine Lakhs Fifty Thousand One Hundred only) as
compensation payable by the second respondent. Aggrieved by the same,
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C.M.A.No.1237 of 2012
the claimant filed the present Civil Miscellaneous Appeal for enhancement
of the award.
6. The learned counsel appearing for the appellant would submit that
the claimant was only 19 years at the time of accident and the disability was
assessed at 70%. He sustained head injury and he undergone two surgeries.
Initially, he was admitted in Hospital from 11.06.2009 and took treatment
till 04.07.2009. Again he was admitted in Hospital for further treatment on
13.08.2009 and he was discharged only on 17.08.2009. He had undergone
two surgeries and due to the head injury, he could not able to continue his
avocation. Even then, the Tribunal awarded a very meagre amount as
compensation.
7. Per contra, the learned counsel for the second respondent would
submit that the claimant was admitted as in-patient in hospital for 26 days,
for which, the Tribunal has rightly awarded the compensation under the
head of Pain and Sufferings at Rs.50,000/-. Though the Doctor who treated
the claimant assessed the disability of claimant at 70%, the Tribunal
awarded a sum of Rs.2000/- per percentage for the permanent disability. It
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C.M.A.No.1237 of 2012
is only a partial permanent disability and as such, the Tribunal rightly
awarded compensation at Rs.9,50,100/-.
8. Heard Ms.V.Suguna, learned counsel appearing for the appellant
and Mr.S.Vadivel, learned counsel appearing for the second respondent.
9. The claimant filed the present appeal for enhancement of
compensation. The Tribunal awarded a sum of Rs.36,000/- for loss of
income, for transportation to the Hospital a sum of Rs.3000/- was awarded
and the same are liable to be enhanced. Insofar as the Pain and Sufferings is
concerned, the Tribunal awarded only Rs.50,000/-, whereas the claimant
who was admitted in hospital as in-patient for 26 days and he had
undergone two surgeries. Hence, the compensation awarded for pain and
sufferings is liable to be enhanced.
10.Accordingly the compensation awarded by the Tribunal stands
modified as under :-
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C.M.A.No.1237 of 2012
Sl.No Heads Amount awarded by Amount awarded by
the Tribunal this Court
1 Loss of Income Rs.36,000/- Rs.36,000/-
2 Transportation to Rs.3000/- Rs.15,000/-
Hospital
3 Extra Nourishment Rs.10,000/- Rs.20,000/-
4 Damage to Clothes Rs.1000/- Rs.1000/-
5 Medical Expenses Rs.6,90,000/- Rs.6,90,000/-
6 Attenders Charges Rs.20,000/- Rs.30,000/-
7 Pain and Sufferings Rs.50,000/- Rs.75,000/-
8 Partial Permanent Rs.1,40,000/- Rs.1,40,000/-
Disability
Total Rs.9,50,100 Rs.10,07,100/-
12. In the result the Civil Miscellaneous Appeal is partly allowed as
follows:-
(i) The award passed by the Tribunal is enhanced from Rs.9,50,100/-
to Rs.10,07,100/-.
(ii) The enhanced award amount will carry the interest at the rate of
7.5% per annum from the date of the claim petition till the date of deposit.
(iii) The appellant is not entitled to any interest for the delay period
if any in filing this Civil Miscellaneous Appeal.
(iv) The second respondent is directed to deposit the enhanced
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C.M.A.No.1237 of 2012
award amount, less the amount, if any, already deposited, along with
accrued interest within a period of six weeks from the date of receipt of
copy of this Judgment.
(v) On such deposit, the appellant is permitted to withdraw the
amount awarded as above by filing proper application before the Tribunal.
(vi) There shall be no order as to costs.
27.04.2021
Speaking/Non-speaking order
Index : Yes/No
Internet : Yes/No
rna
To
1.The IV Judge, Small Causes Court,
Motor Accidents Claims Tribunal,
Chennai.
2.The Section Officer,
V.R.Section,
Madras High Court,
Chennai.
G.K.ILANTHIRAIYAN, J.
rna
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C.M.A.No.1237 of 2012
C.M.A.No.1237 of 2012
27.04.2021
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