Madras High Court
Idhayathulla vs Muruganathan on 8 April, 2021
C.M.A.No.1384 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.1384 of 2020
Idhayathulla,
S/o.Rahamathullah ... Appellant
Vs.
1.Muruganathan,
S/o.Murugesan
2.United India Insurance Co., Ltd.,
D.No.22-B, Shop No.11, Krishnaveni Complex,
Pallipalayam – 638 006.
Branch at Opp : New Bus Stand,
Sankari – Salem Main Road, Sankari,
Salem District. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree dated 22.11.2019
made in M.C.O.P.No.105 of 2013, on the file of the Motor Accidents
Claims Tribunal, Subordinate Judge Court, Sankari.
For Appellant : Mr.T.S.Arthanareeswaran
For Respondents :
For R1 : No appearance
For R2 : Mr.D.Bhaskaran
JUDGMENT
The claimant is the appellant in this appeal. In this appeal, the
claimant/appellant has sought for enhancement of compensation awarded
by the Tribunal in M.C.O.P.No.105 of 2013 dated 22.11.2019.
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C.M.A.No.1384 of 2020
2. By the impugned Judgment and decree, the Tribunal has
awarded a sum of Rs.3,00,000/- as compensation for the injuries suffered
by the appellant/claimant. The Tribunal has adopted multiplier of 18 for
the injuries suffered by the appellant/claimant and has awarded a sum of
Rs.1,94,000/- towards disability. The Tribunal has awarded further
amount towards medical expenses, transportation, extra nourishment are
detailed below:-
Heads of Compensation Amount awarded by the
Tribunal
Disability Rs.1,94,400/-
Medical Bills Rs. 96,915/-
Transportation Charges Rs. 3,000/-
Extra Nourishment Rs. 20,000/-
Total Rs.3,14,315/-
Rounded to Rs.3,00,000/-
3. Considered the impugned Judgement and decree. The
appellant/claimant was aged about 19 years who met with an accident, as
a result of which, the appellant/claimant suffered the following injuries:-
i. Inflammatory Injury
ii. Abrasive Injury
iii.Torn Injury
iv. Grievious Injuries on left side thigh
v. Simple injuries on right side forearm and forehead.
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C.M.A.No.1384 of 2020
4. The appellant/claimant has spent a sum of Rs.96,915/- towards
medical expenses. It indicates that he has been hospitalized for
considerably long period in time. Considering the fact that the
appellant/claimant suffered the above injuries, with a view to award just
compensation, this Court is inclined to enhance the compensation by
another 50% considering the age of the appellant and the avocation of the
appellant who worked as a sales man in old iron shop in pallipalayam,
Namakkal District. Therefore, the compensation of Rs.3,00,000/-
awarded by the Tribunal is thus enhanced from Rs.4,50,000/- by adding
another sum of Rs.1,50,000/-.
5. The 2nd respondent/Insurance Company is therefore directed to
deposit the enhanced amount of compensation of Rs.4,50,000/- 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.
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C.M.A.No.1384 of 2020
C.SARAVANAN, J.
arb
6. 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.
7. This Civil Miscellaneous Appeal stands partly allowed with the
above observations. No costs.
08.04.2021
arb
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
To:
The Motor Accidents Claims Tribunal,
Subordinate Judge Court, Sankari.
C.M.A.No.1384 of 2020
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