Madras High Court
Rajamanickam vs Karthik on 4 August, 2021
C.M.A.No.1372 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
C.M.A.No. 1372 of 2020
Rajamanickam .. Appellant
Vs.
1. Karthik
2. Reliance General Insurance Co., Ltd.,
3rd Floor, 408, Perundurai Road,
Erode-638 011. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree in MCOP
No.368 of 2018 dated 04.01.2020 on the file of Motor Accident Claims
Tribunal/Special Subordinate Judge Court, Erode.
For Appellant : Mr.T.S.Arthanareeswaran
For Respondents : Mr.Bhuvana Sundari (R2)
No appearance (R1)
JUDGMENT
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 04.01.2020 made in
M.C.O.P.No.368 of 2018 on the file of the Motor Accident Claims
Tribunal/Special Subordinate Court, Erode.
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C.M.A.No.1372 of 2020
2.The appellant is the claimant in M.C.O.P.No.368 of 2018 on the file
of the Motor Accident Claims Tribunal, Special Subordinate Judge Court,
Erode. 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 31.03.2014.
3.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
the rider of the two wheeler motorcycle bearing registration no.TN-33 BE-
5582, who is the first respondent herein and directed the 2 nd respondent-
Insurance Company to pay a sum of Rs.2,15,000/- 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.
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C.M.A.No.1372 of 2020
5.The learned counsel appearing for the appellant contended that the
Claims Tribunal had not awarded any compensation towards loss of amenities
and future medical expenses by considering the fact that the claimant cannot
work as before and could not move without others help and is now taking
further treatment. He further submitted that 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 appellants as well as the
learned counsel appearing for the 2nd 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 and future medical expenses.
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C.M.A.No.1372 of 2020
Admittedly no Doctor was examined in this case and by considering the
Ex.P9-Medical Bills, has rightly awarded a sum of Rs.47,000/- towards
Medical Bills and in Ex.P8-Dicharge summary, it is mentioned that the post
opertaive period uneventful and considering the same, a sum of Rs.25,000/- is
awarded towards Future Medical Expenses. Further, by considering the
nature of injuries sustained by the claimant and he due to injuries sustained
by him, he could not work as before a sum of Rs.15,000/- is awarded
towards Loss of Amenities.
9. Considering the nature of injuries sustained and nature and period
of treatment undergone by the claimant, this Court feels that the
compensation awarded towards Extra Nourishment, Attendant Charges and
Transportation appears to be vey meagre and hence the compensation with
respect to the same are enhanced to Rs.15,000/-, Rs.15,000/- and Rs.10,000/-
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:
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C.M.A.No.1372 of 2020
S. Description Amount awarded Amount awarded Award confirmed
No by Tribunal by this Court or enhanced or
(Rs) (Rs) granted
1. Loss of Earnings 45,000/- 45,000/- Confirmed
2. Transport to 6,000/- 10,000/- Enhanced
Hospital
3. Extra nourishment 5,000/- 20,000/- Enhanced
4. Attender charges 5,000/- 15,000/- Enhanced
5. Future Medical Nil 25,000/- Confirmed
Expenses
6. Damages for 2,000/- 2,000/- Confirmed
clothes and Articles
7. Medical Expenses 47,000/- 47,000/- Confirmed
8. Pain and sufferings 45,000/- 45,000/- Confirmed
9. Permanent 60,000/- 60,000/- Confirmed
Disability & Loss
of Earning Power
10 Loss of Amenities Nil 15,000/- Granted
Total Rs.2,15,000/- Rs.2,84,000/- Enhanced by
Rs.69,000/-
11.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.2,15,000/- is hereby
enhanced to Rs.2,84,000/- together with interest at the rate of 7.5% per
annum from the date of petition till the notice of deposit given to the claimant.
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
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C.M.A.No.1372 of 2020
of receipt of a copy of this judgment to the credit of M.C.O.P.No.368 of 2018
on the file of the Motor Accident Claims Tribunal, (Special Subordinate Judge
Court), Erode and thereafter recover the same from the first respodent, who is
the driver cum owner of the offending vehicle. 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.
04.08.2021
arr
Index : Yes / No
Internet : Yes / No
To
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C.M.A.No.1372 of 2020
1. The Motor Accident Claims Tribunal/Special Subordinate Judge Court,
Erode
2.The Section Officer,
VR Section,
High Court,
Madras.
S.VAIDYANATHAN, J.
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C.M.A.No.1372 of 2020
arr
C.M.A.No.1372 of 2020
04.08.2021
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