Madras High Court
Kandasamy vs Gopalkannan on 5 August, 2021
C.M.A.No.1979 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.08.2021
CORAM
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
C.M.A.No.1979 of 2021
Kandasamy ... Appellant
vs
1. Gopalkannan
2. M/s.Salem Metallurgicals,
Emerald Gardens, Narasethipatty,
Swarnapuri, Salem - 636 004.
3.The United India Insurance Co.Ltd.,
No.19/2A, Junction Main Road,
Salem - 636 004. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the judgment and decree dated
05.02.2021 made in M.C.O.P.No.1637 of 2018 on the file of the Motor
Accidents Claims Tribunal/Special Subordinate Judge No.I, Salem.
For Appellant : Mr.T.S.Arthanareeswaran
For Respondents-1 & 2 : No Appearance
For Respondent-3 : Mr.V.Murali for
Mr.J.Chandran
Page No.1 of 8
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C.M.A.No.1979 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed seeking
enhancement of compensation granted by the Tribunal in the award
dated 05.02.2021 made in M.C.O.P.No.1637 of 2018 on the file of the
Motor Accident Claims Tribunal/Special Subordinate Judge No.I,
Salem.
2. The appellant is the claimant in M.C.O.P.No.1637 of 2018 on
the file of the Motor Accident Claims Tribunal, Special Subordinate
Judge No.I, Salem. 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 occurred on 16.04.2018.
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-30-K-9636, who is the first respondent
herein. The Tribunal has held that since the second respondent is the
owner of the vehicle and the said vehicle was insured with the third
respondent-Insurance company, the second and third respondents
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C.M.A.No.1979 of 2021
are jointly and severally liable to pay compensation to the appellant
and directed the 3rd respondent-Insurance Company to pay a sum of
Rs.2,85,015/- as compensation to the appellant. Not being satisfied
with the amount awarded by the Tribunal, the appellant has come out
with the present appeal seeking enhancement of compensation.
4. The learned counsel for the appellant contended that the
Claims Tribunal had not awarded any compensation towards Future
Medical Expenses by considering the fact that the claimant cannot
work as before and he has some difficulties in squatting and pain in
knee. He further submitted that the amount of compensation awarded
towards Loss of Income, Pain and Suffering, Extra Nourishment and
Attender Charges are also very low and hence, he prayed for
enhancement of compensation.
5. The learned counsel appearing for the 3rd 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 interfered
with.
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C.M.A.No.1979 of 2021
6. Heard the learned counsel for the appellant as well as the
learned counsel appearing for the 3rd respondent-Insurance Company
and perused the entire materials on record.
7. It is the case of the appellant that the Claims Tribunal has
not granted compensation towards Future Medical Expenses. By
considering Ex.P4-Discharge Summary and Ex.P5-Medical Bills, the
Tribunal has rightly awarded a sum of Rs.84,015/- towards Medical
Expenses. In Ex.C1-Disability certificate, it is mentioned that the
petitioner has some difficulties in squatting, sitting cross legged and
pain in knee, considering the same, a sum of Rs.20,000/- is awarded
towards Future Medical Expenses.
8. Considering the nature of injuries sustained and the period of
treatment undergone by the claimant, this Court feels that the
compensation awarded towards Extra Nourishment and Attender
Charges appears to be very meagre and hence, the same are
enhanced to Rs.20,000/- and Rs.15,000/-, respectively.
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C.M.A.No.1979 of 2021
9. As the amount awarded by the Tribunal under other heads
are just and reasonable, the same are 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 20,000/- 20,000/- Confirmed
2. Loss of Earnings 30,000/- 30,000/- Confirmed
3. Medical Expenses 84,015/- 84,015/- Confirmed
4. Transport to Hospital 10,000/- 10,000/- Confirmed
5. Extra nourishment 10,000/- 20,000/- Enhanced
6. Attender charges 10,000/- 15,000/- Enhanced
7. Damages for clothes 1,000/- 1,000/- Confirmed
and Articles
8. Loss of Amenities 20,000/- 20,000/- Confirmed
9. Permanent Disability 1,00,000/- 1,00,000/- Confirmed
& Loss of Earning
Power
10 Future Medical Nil 20,000/- Granted
Expenses
Total Rs.2,85,015/ Rs.3,20,015/- Enhanced by
- Rs.35,000/-
10. In the result, this Civil Miscellaneous Appeal is partly
allowed and the compensation awarded by the Tribunal at
Rs.2,85,015/- (Rupees Two lakhs Eighty Five thousand and Fifteen) is
hereby enhanced to Rs.3,20,015/- (Rupees Three lakhs Twenty
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C.M.A.No.1979 of 2021
thousand and Fifteen) together with interest at the rate of 7.5% per
annum from the date of Claim Petition till the date of deposit. The 3rd
respondent-Insurance Company is directed to deposit the Award
amount 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.1637 of 2018 on the file of the Motor Accident Claims
Tribunal, (Special Subordinate Court No.I), Salem. 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.
11. Before parting with this case, this Court wants to emphasize
that Tribunals, situated in the State of Tamil Nadu dealing with
M.C.O.P. Cases, must ensure and ascertain from the concerned Bank
(before transferring the amount of compensation to claimants), as to
whether the Bank Account of the Claimants is an old one or it has
been opened recently for the purpose of the claim. Tribunals also
ascertain from the Bank as to who has introduced the Claimants to
the Bank and whether the concerned Advocate appearing for the
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C.M.A.No.1979 of 2021
claimants have any account in the same Bank. In case the Tribunal
smells any rat in the Account Number of the claimants, it shall direct
the claimants to open a new account in their own name for the
purpose of depositing / transferring the amount of compensation,
with a request to the Bank not to issue any cheque book or ATM card
to the said Account to be opened and the claimants have to visit the
Bank in-person and draw the amount from the Bank by way of
withdrawal slip.
05.08.2021
Index : Yes / No
Speaking Order : Yes / No
rsi
To:
1. The Motor accident Claims Tribunal,
Special Subordinate Judge No.I,
Salem.
2. The Section Officer,
V.R. Section,
High Court of Madras,
Chennai - 600 104.
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C.M.A.No.1979 of 2021
S.VAIDYANATHAN, J.
rsi
C.M.A.No.1979 of 2021
05.08.2021
http://www.judis.nic.in
