S.Victor vs R.Singaram
2021 Latest Caselaw 9272 Mad

                                                                               CMA.No.2423 of 2019

                            IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 08.04.2021

                                                       CORAM

                                   THE HON'BLE MR.JUSTICE C.SARAVANAN

                                              C.M.A.No.2423 of 2019

                                           (Through Video Conferencing)

              S.Victor,
              S/o.Susai                                                      ... Appellant

                                                          Vs.
              1. R.Singaram
              2.The New India Assurance Company Limited,
                No.80, Arcot Road, Porur,
                Chennai – 600 116.
                (R1 already set exparte in Lower Court)                     ... Respondents

                    Civil Miscellaneous Appeal filed under Section 173 of Motor
              Vehicles Act, 1988 against the Decree and Common Award dated
              05.06.2013 made in M.C.O.P.No.211 of 2010, on the file of the Motor
              Accident Claims Tribunal, II Additional District Court, Thiruvallur at
              Poonamallee.

                                   For Appellant      : No Appearance
                                   For R1             : Exparte
                                   For R2             : M/s.A.Salonee for
                                                        Mr.C.Ramesh Babu




https://www.mhc.tn.gov.in/judis/
                                                                                    CMA.No.2423 of 2019

                                                      JUDGMENT

Though there is no representation on behalf of the

appellant/claimant, this case was came up for final disposal as the Court

finds that this is a fit case for enhancement of compensation and since no

prejudicial orders are proposed to passed against the petitioner.

2. The claimant is the appellant in this appeal. He is aggrieved by

the impugned Judgment and Decree dated 05.06.2013 passed by the Motor

Accidents Claims Tribunal, II Additional District Court, Thiruvallur at

Poonamallee.

3. By the impugned Judgment and Decree, the Tribunal has awarded

a sum of Rs.67,500/- as compensation to the appellant under the following

heads.

1.Compensation for liability 50,000/-

                                   2.Pain and Suffering                    5,000/-
                                   3.Transport expenses                    3,000/-
                                   4.Extra nourishment                     3,000/-
                                   5.Loss of Income                       6,500/-
                                                                      ------------------
                                         Total                            67,500/-
                                                                     ------------------

4. Considering the evidence available on record and the deposition

of PW-2 Dr.Subramaniam who assessed the injuries suffered by the

https://www.mhc.tn.gov.in/judis/ CMA.No.2423 of 2019

claimant, I am inclined to partially enhance the compensation. The

claimant was self employed in carpenter-fitter engaged in construction

industries. It can be therefore reasonably assumed that the Appellant-

Claimant would have been out of employment for a period of six months

due to injuries. Therefore, towards 'loss of income' a sum of Rs.39,000/-

(Rs.6500/- x 6) is awarded at Rs.6,500 per month. The amounts awarded

by the Tribunal towards disability, pain and sufferings, transport expenses

and extra nourishment appears reasonable and are therefore confirmed.

Thus, the amount, awarded by the Tribunal is enhanced to Rs.1,00,000/- as

follows:

Sl. Heads of Amount Awarded Amount awarded Award Confirmed No. Compensation by the Tribunal by this Court or enhanced

1. Compensation Rs.50,000/- Rs.50,000/- Confirmed for disability

2. Pain & Rs.5,000/- Rs.5,000/- Confirmed Sufferings

3. Transport Rs.3,000/- Rs.3,000/- Confirmed Expenses

4. Extra Rs.3,000/- Rs.3,000/- Confirmed nourishment

5. Loss of Income Rs.6,500/- Rs.39,000/- Enhanced Total Rs.67,500/- Rs.1,00,000/- Rs.67,500 enhanced to Rs.1,00,000/-

5. The second respondent Insurance Company is therefore directed to

https://www.mhc.tn.gov.in/judis/ CMA.No.2423 of 2019

deposit a sum of Rs.1,00,000/- and cost awarded by the Tribunal, if any,

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.

6. On such deposit being made by the second respondent Insurance

Company, the appellant/claimant is permitted to withdraw the same

together with interest accrued thereon, less the amount already withdrawn

if any, by filing suitable application before the Tribunal.

7. Accordingly, this Civil Miscellaneous Appeal stands partly

allowed. No cost.

08.04.2021 drl Index : Yes/No Internet : Yes/No

To:

https://www.mhc.tn.gov.in/judis/ CMA.No.2423 of 2019

1.The Motor Accidents Claims Tribunal, II Additional District Court, Thiruvallur at Poonamallee.

2.The Section Officer, VR Section, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ CMA.No.2423 of 2019

C.SARAVANAN, J.

drl

C.M.A.No.2423 of 2019

08.04.2021

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