Madras High Court
Ponnusamy vs The Managing Director on 7 April, 2021
C.M.A.No.691 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.691 of 2019
Ponnusamy ... Appellant
Vs.
The Managing Director,
Tamilnadu State Corporation Limited,
Dharmapuri, Ramakrishna Road,
Salem – 7. ... Respondent
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree dated 09.08.2007
made in M.C.O.P.No.507 of 2006, on the file of the Motor Accident
Claims Tribunal cum- Additional District Judge, Dharmapuri.
For Appellant : Mr.M.Selvam
For Respondent : Mr.D.Raghu
JUDGMENT
The claimant is the appellant in this appeal. It is aggrieved by the
impugned Judgment and decree dated 09.08.2007 passed by the Motor
Accidents Claims Tribunal, cum- Additional District Judge, Dharmapuri
in M.C.O.P.No.507 of 2006.
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C.M.A.No.691 of 2019
2.By the impugned judgment and decree, the Tribunal is awarded a
sum of Rs.37,135/- as compensation as against claim of Rs.1,50,000/-.
The appellant seeks for enhancement of compensation on the ground that
the Tribunal has awarded a meagre compensation of Rs.1000 per
percentage of disability and has awarded a meagre amount towards
Transportation and Extra Nourishment and pain and suffering.
3.The facts are not in dispute. The Tribunal has awarded a meagre
sum of Rs.15,000 towards disability for the nature of injuries suffered by
the appellant i.e., fracture on the 6th and 7th Ribs. Considering the same, I
am inclined to enhanced the compensation of 15% to Rs.1500/-.
Accordingly, the compensation awarded towards injury is enhanced from
Rs.15,000/- to Rs.22,500/-. The amount of Rs.5,000/- towards Pain and
suffering is increased to Rs.10,000/-. Accordingly, the compensation
awarded by the Tribunal is recomputed as follows:-
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C.M.A.No.691 of 2019
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.22,500/- Enhanced
2. Pain and Rs.5,000/- Rs. 10,000/- Enhanced
Sufferings
3. Extra Rs.1,000/- Rs.1,000/- Confirmed
Nourishment
4. Transportation Rs.1,000/- Rs.1,000/- Confirmed
5. Medical Bills Rs.5,135/- Rs.5,135- Confirmed
6 Loss of Rs.10,000/- Rs.10,000/- Confirmed
amenities
Total Rs.37,135/- Rs.49,635/- Enhanced by
Rs.12,500/-
4.The respondent/Transport Corporation is therefore directed to
deposit the enhanced amount of compensation of Rs.49,635/- 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.
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C.M.A.No.691 of 2019
5.On such deposit being made by the respondent/Transport
Corporation, 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.
6.This Civil Miscellaneous Appeal stands partly allowed with the
above observations. No costs.
07.04.2021
jas
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
To:
1.The Managing Director,
Tamilnadu State Corporation Limited,
Dharmapuri, Ramakrishna Road,
Salem – 7.
2.The Motor Accidents Claims Tribunal,
cum- Additional District Judge, Dharmapuri.
3.The V.R.Section,
Madras High Court, Madras.
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C.M.A.No.691 of 2019
C.SARAVANAN, J.
jas
C.M.A.No.691 of 2019
07.04.2021
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