Madras High Court
P. Naresh Kumar vs Shared Parekh on 3 August, 2021
C.M.A.Nos.1708 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
C.M.A.No.1708 of 2021
P. Naresh Kumar .. Appellant
Vs.
1.Shared Parekh
(Since R1 remained exparte before the Tribunal,
his presence may be dispensed with)
2.Cholamandalam MS General
Insurance Company Limited,
III Floor, Wajeeva Corporate Centre,
No.1, Village Street,
Nungambakkam,
Chennai – 600 034. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of
the Motor Vehicles Act, 1988, against the Judgment and Decree dated
20.04.2015 made in M.A.C.T.C.O.P. No.1511 of 2012 on the file of the
Motor Accident Claims Tribunal, V Court of Small Causes, Chennai.
For Appellant : Mr.A.Subadra
For Respondent-2 : Ms.R.Sreevidhya
JUDGMENT
This Civil Miscellaneous Appeal has been filed for
enhancement of compensation granted by the award dated 20.04.2015
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C.M.A.Nos.1708 of 2021
made in M.A.C.T.O.P.No.1511 of 2012 on the file of the Motor Accident
Claims Tribunal, V Court of Small Causes, Chennai.
2. The appellant is the claimant in M.C.O.P.No.1511 of 2012,
on the file of the Motor Accident Claims Tribunal, V Court of Small
Causes, Chennai. He filed the above said claim petition, claiming a sum
of Rs.10,00,000/-, as compensation on account of the injuries
sustained by them in the accident that took place on 12.02.2012.
3. The accident occurred on 12.02.2012 at about 3.30 p.m.
The claimant Nareshkumar was a pillion rider in Motor Cycle bearing
Reg.No.PY-01-BB-1175 and proceeded towards Pondicherry to
Marakkanam direction in ECR Salai. While he was nearing Konimedu
Bus stop, a car bearing Reg.No.PY-01-AF-2856 came from Chennai to
Pondicherry direction driven by its driver in a rash and negligent
manner and dashed against the motor cycle. As a result, he fell down
and sustained injuries. He filed a claim petition before the Motor
Accident Claims Tribunal, V Court of Small Causes, Chennai.
4. The Tribunal considering the pleadings, oral and
documentary evidence, held that the accident occurred due to rash and
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C.M.A.Nos.1708 of 2021
negligent driving of the driver of the Car bearing registration No.PY-01
AF-2856, who is the first respondent herein and directed the 2nd
respondent-Insurance Company to pay a sum of Rs.1,45,700/- as
compensation to the appellant.
5. Not being satisfied with the amounts awarded by the
Tribunal, the appellant has come out with the present appeal seeking
enhancement of compensation.
6. The learned counsel appearing for the appellant contended
that the Claims Tribunal ought to have awarded separately under the
heads of transportation, extra nourishment, miscellaneous expenses,
damages, pain and sufferings etc. He further submitted that amount of
compensation awarded towards other heads are also very low and
hence prayed for enhancement of compensation.
7. 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.
8. 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.
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C.M.A.Nos.1708 of 2021
9. Considering the nature of injuries sustained and the period
of treatment undergone by the claimant, this Court feels that the
compensation awarded towards Transportation and Extra Nourishment,
Attender Charges and pain and sufferings appears to be meagre and
hence the compensation with respect to the same are enhanced to
Rs.25,000/-, Rs.12,000/- and Rs.25,000/-, respectively.
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. Transportation, 15,000/- 25,000/- Enhanced
nourishing food and
miscellaneous
expenditure
2. Loss of Income 15,000/- 15,000/- Confirmed
3. Medical Expenses 23,700/- 23,700/- Confirmed
4. Attender Charges 2,000/- 12,000/- Enhanced
5. Disability 60,000/- 60,000/- Confirmed
6. Damages for pain, 15,000/- 25,000/- Enhanced
suffering and trauma
7. Loss of amenities 15,000/- 15,000/- Confirmed
Total Rs.1,45,700/- Rs.1,75,700/- Enhanced by
Rs.30,000/-
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C.M.A.Nos.1708 of 2021
11. As there is a delay in approaching this Court and that
almost the buried case has been exhumed by the appellant, this Court
is inclined to grant interest only from the date of filing of the appeal
and no interest is eligible from the date of claim petition.
12. In the result, this Civil Miscellaneous Appeal is partly
allowed and the compensation awarded by the Tribunal at
Rs.1,45,700/- is hereby enhanced to Rs.1,75,700/- together with
interest at the rate of 7.5% per annum from the date of filing of the
appeal 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.1511 of 2012 on the file of
the Motor Accident Claims Tribunal, (V Court of Small Causes),
Chennai. 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
(2/2)
rsi
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C.M.A.Nos.1708 of 2021
S.VAIDYANATHAN, J.
rsi
To
1. The Motor Accident Claims Tribunal/
V Small Causes Court,
Chennai.
2. The Section Officer,
VR Section,
High Court,
Madras.
C.M.A.Nos.1708 of 2021
03.08.2021
(2/2)
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