Dr.Jeyanthi vs Ramalingam
2021 Latest Caselaw 10932 Mad

                                                                            C.M.A.No.1474 of 2021

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 28.04.2021

                                                    CORAM

                                   THE HON'BLE MR.JUSTICE C.SARAVANAN

                                             C.M.A.No.1474 of 2021


                 Dr.Jeyanthi                                                ... Appellant

                                                       Vs.

                 1.Ramalingam
                 2.The Divisional Manager,
                   United India Insurance Company Limited,
                   No.50 A, Pallivasal Street,
                   Perambalur District.                                   ... Respondents

                       Civil Miscellaneous Appeal filed under Section 173 of Motor
                 Vehicles Act, 1988 against the Judgment and Decree order dated
                 31.08.2016 made in M.C.O.P.No.51 of 2013, on the file of the Motor
                 Accidents Claims Tribunal, Chief Judicial Magistrate, Ariyalur.

                                   For Appellant   : Mr.S.P.Yuvaraj
                                   For Respondents : Mr.J.Chandran for R2


                                                  JUDGMENT

The claimant is the appellant in this appeal. she was a pillion rider

in the motor cycle when she met with an accident on 07.07.2012. She

suffered simple injuries and considering the facts and circumstances of

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the case, the Tribunal has awarded a sum of Rs.20,000/-. Considering the

fact, that the appellant was a Doctor and was hospitalized before

07.07.2012 and 08.07.2012, the Tribunal has awarded a just

compensation.

2.However, no amount has been separately awarded towards pain

and suffering. Considering the fact, that the appellant would have been

subjected to pain and suffering and considering the nature of injuries

suffered by the appellant, this Court is inclined to award another sum of

Rs.5,000/- towards pain and suffering.

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

deposit the enhanced amount of compensation 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 eight weeks from the date of receipt of a copy of this Judgment.

However, there shall be no interest during the period of delay in filing the

appeal. Rest of the observations in the impugned judgment and decree

are not disturbed.

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4.On such deposit being made by the 2nd respondent/Insurance

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

together with interest accrued thereon, less any amount already

withdrawn in the same proportion as was ordered by the Tribunal.

5.This appeal stands partly allowed in terms of the above

observations. No costs.

28.04.2021 (2/2) jas Internet : Yes / No Index : Yes/No Speaking Order/Non-speaking Order

To:

1.The Divisional Manager, United India Insurance Company Limited, No.50 A, Pallivasal Street, Perambalur District.

2.The Motor Accidents Claims Tribunal, Chief Judicial Magistrate, Ariyalur.

3.The V.R.Section,

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Madras High Court, Madras.

C.SARAVANAN, J.

jas

C.M.A.No.1474 of 2021

28.04.2021

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