M.Sivakumar vs Abdul Jabbar
2021 Latest Caselaw 11140 Mad

                                                                              CMA.No.1138 of 2019

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 30.04.2021

                                                          CORAM

                                     THE HON'BLE MR.JUSTICE C.SARAVANAN

                                                 CMA.No.1138 of 2019

                                                (Through Video Conferencing)


                     M.Sivakumar                                           ... Appellant

                                                            Vs.

                     1. Abdul Jabbar
                     2. United India Insurance Company Ltd.,
                        Represented by its Branch Manager,
                        No.235, Gandhi Market Road,
                        Arni.                                             ... Respondents

                               Civil Miscellaneous Appeal filed under Section 173 of Motor
                     Vehicles Act, 1988 against the Judgment and decree passed in
                     MCOP.No.183 of 2008 on the file of the Motor Accidents Claims
                     Tribunal/Subordinate Court, Arni dated 31.08.2012.


                                      For Appellant            : Mr.P.Satheesh Kumar


                                      For Respondents          :
                                      For R1                   : Exparte
                                      For R2                   : Mr.J.Chandran


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                                                                             CMA.No.1138 of 2019



                                                     JUDGMENT

The claimant is the appellant in this appeal. He has filed this

appeal for enhancement of compensation awarded by the tribunal in

MCOP.No.183 of 2018 by the judgment and decree dated 31.08.2012.

2.By the impugned judgment and decree, the tribunal has awarded

a sum of Rs.67,000/- as compensation for the injuries suffered by the

appellant/claimant.

3. The appellant is said to be a mason engaged in physical labour.

He has claimed compensation for a sum of Rs.3,00,000/- before the

tribunal. It is submitted that the tribunal has not awarded any amount

towards disability, eventhough, it has been assessed at 40% disability.

4. Defending the impugned judgment and decree, the learned

counsel for the second respondent/insurance company has submitted that

the tribunal has awarded just compensation. He further submitted that the

accident is of the year 2008 and the amount of Rs.67,000/- awarded by

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CMA.No.1138 of 2019

the tribunal is sufficient for the injuries suffered by the claimant.

5. I have perused the impugned judgment and decree passed by the

tribunal and also the evidence of the witnesses and the exhibits which

formed the basis of the impugned judgment and decree.

6. In my view, the tribunal has by and large awarded just

compensation on four heads. However, no amount has been awarded

towards injuries.

7. In this case, the appellant had sustained fracture on his wrist.

Though the tribunal has noted the evidence of PW2 that the appellant had

40% disability, there is indeed no disability on account of the injuries

suffered by the claimant. At best, it would be a temporary disability

which would heal over a period of time. However, there shall be some

amount awarded towards injuries suffered by the appellant.

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CMA.No.1138 of 2019

8. Considering the fact that the appellant is a daily wage earner

engaged in masonary work, some amount of compensation has to be

awarded towards injuries suffered by the appellant. Considering the

injuries suffered by the appellant, a sum of Rs.33,000/- is awarded

towards the injuries. Thereby, the compensation of Rs.67,000/- awarded

by the Tribunal is enhanced to Rs.1,00,000/-.

9. The 2nd respondent/Insurance Company is, therefore, directed

to deposit the enhanced amount of compensation of Rs.1,00,000/-

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.

10. 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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CMA.No.1138 of 2019

11. This Civil Miscellaneous Appeal stands partly allowed with the

above observations. No costs. The Tribunal awarded pay and recovery

and therefore to that extent, the impugned Judgment and decree is also

confirmed.

30.04.2021

Vv Index : Yes/No Internet : Yes / No

To:

1. The Motor Accidents Claims Tribunal/Subordinate Court, Arni

2. The Branch Manager, United India Insurance Company Ltd., No.235, Gandhi Market Road, Arni.

3. The Section Officer, V.R.Section, Madras High Court, Chennai-104.

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CMA.No.1138 of 2019

C.SARAVANAN, J.

Vv

CMA.No.1138 of 2019

30.04.2021

https://www.mhc.tn.gov.in/judis/