Madras High Court
Thirumalai vs Velusamy on 9 April, 2021
C.M.A.No.206 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:09.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.206 of 2019
Thirumalai,
S/o.Kandasamy Gounder ... Appellant
Vs.
1. Velusamy,
S/o.Ramasamy
2. Bajaj Allianz Insurance Co., Ltd.,
D.No.42A, 1st Floor, Sar Complex,
Sathy Road, Erode. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, against the Judgment and Decree dated 09.07.2018
made in M.C.O.P.No.18 of 2014, on the file of the Motor Accidents
Claims Tribunal, Subordinate Judge, Tiruchengode.
For Appellant : Mr.T.S.Arthanareeswaran
For R1 : No appearance
For R2 : Ms.K.Poomalai
JUDGMENT
The claimant is the appellant in this appeal. In this appeal, the
appellant/claimant has sought for enhancement of compensation awarded
by the Tribunal.
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C.M.A.No.206 of 2019
2. By the impugned Judgment and decree, the Tribunal has
awarded a sum of Rs.1,46,008/- as against the total claim of
Rs.15,00,000/- in the claim petition before the Tribunal. The
appellant/claimant aged about 65 years and had suffered fracture of his
right side leg and was hospitalized as an inpatient for 12 days and
thereafter discharged.
3. The Tribunal has awarded a sum of Rs.1,46,008/- as
compensation under the following heads:-
Heads of Compensation Amount awarded by the Tribunal
Medical Expenses Rs.56,008/-
Pain & Sufferings Rs.15,000/-
Extra Nourishment Rs.10,000/-
Transportation Charges Rs.5,000/-
Partial Permanent Disability Rs.60,000/-
Total Rs.1,46,008/-
4. The learned counsel for the appellant submits that the Tribunal
ought to have awarded amount towards Loss of Income, Loss of
Amenities and Future Medical Expenses. That apart, it is submitted that
the amount awarded towards Pain & Sufferings for a sum of Rs.15,000/-
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C.M.A.No.206 of 2019
is meagre and similarly a sum of Rs.5,000/- towards Transportation
Charges is also meagre.
5. It is submitted that the Medical Board has also confirmed the
disability as 20%. That being the case, it is submitted that the Tribunal
ought to have awarded compensation by adopting multiplier. In this
appeal, the appellant/claimant seeks enhancement of compensation.
Though the appellant/claimant had filed claim petition for
Rs.15,00,000/-, the amount has been restricted for a sum of
Rs.2,00,000/-. In other words, it is submitted that over and above a sum
of Rs.1,46,008/-, the appellant/claimant is asking for enhancement of
another sum of Rs.2,00,000/- only.
6. Heard the learned counsel for the petitioner and the 2nd
respondent.
7. The appellant/claimant has stated that he is an agriculturalist and
was earning a sum of Rs.30,000/- per month. However, there is no
records to substantiate the same.
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C.M.A.No.206 of 2019
8. Considering the nature of injuries suffered by the
appellant/claimant, this Court is inclined to enhance the compensation
partially by fixing the notional income of the appellant/claimant on
Rs.6,500/- per month. The nature of injuries would have put him out of
action for atleast six months. Considering the same, the compensation
towards loss of income is Rs.39,000/-, (Rs.6,500/-x6 months) and the
amount awarded towards pain & suffering is also enhanced by another
Rs.10,000/-, the amount awarded towards transportation charges is
enhanced by Rs.5,000/-. The amounts awarded by the Tribunal under
other heads are just and reasonable, and therefore they are confirmed.
9. Therefore, the compensation of Rs.1,46,008/- awarded by the
Tribunal is enhanced to Rs.2,00,008/- by adding another sum of
Rs.54,000/- under the following heads:-
Sl. Heads of Compensation Amount Amount Award
No. awarded by awarded by confirmed or
the Tribunal this Court enhanced or
granted or
reduced
1. Loss of Income ---- Rs.39,000/- Granted
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C.M.A.No.206 of 2019
Sl. Heads of Compensation Amount Amount Award
No. awarded by awarded by confirmed or
the Tribunal this Court enhanced or
granted or
reduced
(Rs.6,500x6)
2. Medical Expenses Rs.56,008/- Rs.56,008/- Confirmed
3. Pain & Sufferings Rs.15,000/- Rs.25,000/- Enhanced
4. Extra Nourishment Rs,10,000/- Rs.10,000/- Confirmed
5. Transportation Charges Rs.5,000/- Rs.10,000/- Enhanced
6. Partial Permanent Rs.60,000/- Rs.60,000/- Confirmed
Disability
Total Rs.1,46,008/- Rs.2,00,008/- Enhanced by
another sum
of Rs.54,000/-
10. The 2nd respondent/Insurance Company is therefore directed to
deposit the enhanced amount of compensation of Rs.2,00,008/- 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.
11. On such deposit being made by the 2nd respondent/Insurance
Company, the appellant/claimant is permitted to withdraw the same
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C.M.A.No.206 of 2019
C.SARAVANAN, J.
arb
together with interest accrued thereon, less the amount already
withdrawn if any, by filing suitable application before the Tribunal.
12. This Civil Miscellaneous Appeal stands partly allowed with the
above observations and directions. No costs.
09.04.2021
arb
Index : Yes/No
Internet : Yes / No
To:
The Motor Accidents Claims Tribunal,
Sub Judge, Tiruchengode.
C.M.A.No.206 of 2019
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