Madras High Court
Udayaraj vs Dr.A.Vijay on 3 August, 2021
C.M.A.No.1727 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
C.M.A.No.1727 of 2020
Udayaraj .. Appellant
Vs.
1.Dr.A.Vijay
2.Rep by its Manager,
M/s.Future General Insurance Co. Ltd.,
2nd Floor, Srivari Shopping Mall,
No.2/9, New Bus Stand, Main Road,
Near ARRS Multiplex,
Salem – 636 004. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of
the Motor Vehicles Act, 1988, against the Judgment and Decree in
M.C.O.P. No.228 of 2017 dated 12.12.2019 on the file of Motor
Accident Claims Tribunal (Chief Judicial Magistrate Court), Perambalur.
For Appellant : Mr.P.Mani
For Respondent-2 : Mr.M.B.Raghavan
For Respondent-1 : No Appearance
JUDGMENT
This Civil Miscellaneous Appeal has been filed for
enhancement of compensation granted by the award dated 12.12.2019
made in M.C.O.P.No.228 of 2017 on the file of the Motor Accident
Claims Tribunal (Chief Judicial Magistrate Court), Perambalur.
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C.M.A.No.1727 of 2020
2. The appellant is the claimant in M.C.O.P.No.228 of 2017 on
the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate
Court, Perambalur. He filed the above said claim petition, claiming a
sum of Rs.15,00,000/- as compensation on account of the injuries
sustained by him in the accident that took place on 27.11.2016.
3. The Tribunal considering the pleadings, oral and
documentary evidence, held that the accident occurred due to rash and
negligent driving of the driver of the Car bearing registration No.TN-30
BD-2743, who is the first respondent herein and directed the 2 nd
respondent-Insurance Company to pay a sum of Rs.4,73,500/- as
compensation to the appellant.
4. Not being satisfied with the amounts awarded by the
Tribunal, the appellant has come out with the present appeal seeking
enhancement of compensation.
5. The learned counsel appearing for the appellant contended
that the Claims Tribunal had not awarded any compensation towards
loss of amenities, Attendant charges and future medical expenses by
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C.M.A.No.1727 of 2020
considering the fact that the claimant cannot walk as before and
underwent two operations at his left leg and right thigh. He further
submitted that the amount of compensation awarded towards other
heads are also very low and hence prayed for enhancement of
compensation.
6. The learned counsel appearing for the 2nd respondent-
Insurance Company submitted that the Claims Tribunal on considering
the oral and documentary evidence has rightly awarded the
compensation and therefore the same need not be interefered with.
7. Heard the learned counsel appearing for the appellant as
well as the learned counsel appearing for the 2 nd respondent-Insurance
Company and perused the entire materials on record.
8. It is the case of the appellant that the Claims Tribunal has
not granted compensation towards Loss of Amenities, Attendent
charges and Future Medical Expenses.
9. Considering the nature of injury sustained by the
appellant/claimant, the Tribunal has fixed the disability as 40% and
awarded a sum of Rs.1,20,000/- by taking Rs.3,000/- per disability
under the said head. Considering the age and the fact that the
appellant is an Engineering Graduate, this Court is inclined to enhance
the amount to Rs.5,000/- per disability. Moreover, it is observed that
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C.M.A.No.1727 of 2020
the appellant had marked Ex.P10-Letter from the hospital to prove the
future medical expenses and considering the same a sum of
Rs.50,000/- is awarded towards Future Medical Expenses. Further, by
considering the nature of injuries sustained by the appellant/claimant a
sum of Rs.15,000/- is awarded towards Loss of Amenities and a sum of
Rs.25,000/- is awarded towards attender charges. The compensation
with respect to Pain and sufferings is enhanced to Rs.15,000/-.
10. The amounts awarded by the Tribunal under other heads
are just and reasonable and hence, the same are hereby confirmed.
Thus, the compensation awarded by the Tribunal is modified as follows:
S. Description Amount Amount Award
No awarded by awarded by confirmed or
Tribunal this Court enhanced or
(Rs) (Rs) granted
1. Pain and sufferings 10,000/- 15,000/- Enhanced
2. Nutrition and 12,500/- 12,500/- Confirmed
Transport charges
3. Mental agony 10,000/- 10,000/- Confirmed
4. Medical Expenses 3,21,000/- 3,21,000/- Confirmed
5. Permanent Disability 1,20,000/- 2,00,000/- Enhanced
& Loss of Earning (Rs.3,000 x 40) (Rs.5,000 x 40)
Power
6. Loss of amenities Nil 15,000/- Granted
7. Attender charges Nil 25,000/- Granted
8. Future Medical Nil 50,000/- Granted
Expenses
Total Rs.4,73,500/- Rs.6,48,500/- Enhanced by
Rs.1,75,000/-
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C.M.A.No.1727 of 2020
11. In the result, this Civil Miscellaneous Appeal is allowed
and the compensation awarded by the Tribunal at Rs.4,73,500/- is
hereby enhanced to Rs.6,48,500/- together with interest at the rate of
7.5% per annum from the date of claim petition till the date of deposit.
The 2nd respondent-Insurance Company is directed to deposit the award
amount now determined by this Court, along with interest and costs,
less the amount already deposited, if any, within a period of eight
weeks from the date of receipt of a copy of this judgment to the credit
of M.C.O.P.No.228 of 2017 on the file of the Motor Accident Claims
Tribunal, (Chief Judicial Magistrate Court), Perambalur. On such deposit
being made, the Tribunal is directed to transfer the Award amount
directly to the Bank account of the Appellant/Claimant through RTGS,
within a period of two weeks. The appellant is directed to pay the
necessary Court fee, if any, on the enhanced compensation. No costs.
03.08.2021
Index : Yes / No
Internet : Yes / No
rsi
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1727 of 2020
S.VAIDYANATHAN, J.
rsi
To
1. The Motor Accident Claims Tribunal/
Chief Judicial Magistrate Court,
Perambalur.
2. The Section Officer,
VR Section,
High Court,
Madras.
C.M.A.No.1727 of 2020
03.08.2021
https://www.mhc.tn.gov.in/judis/
