Madras High Court
Priya vs Suresh on 6 August, 2021
C.M.A.No.1370 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
C.M.A.No.1370 of 2020
Priya .. Appellant
Vs.
1. Suresh
2. The National Insurance Co., Ltd.,
DO X, 803a, 8th Floor, Tower C, Konnectus Building,
Opp: New Delhi Railway Station, Bhavbhuti Marg,
New Delhi -110 002.
Branch at 73, Perundurai Road, Near Collector Office,
Post Box No.911, Erode District-638 011.
3. Bhawarlal .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated 03.02.2020
made in M.C.O.P.No.310 of 2017 on the file of the Motor Accident Claims
Tribunal/Special Subordinate Judge Court, Erode.
For Appellant : Mr.C.Paraneedharan
For Respondents : Ms.N.B.Surekha (R2)
R.Prabakar (R1 and R3)
1/8
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C.M.A.No.1370 of 2020
JUDGMENT
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 03.02.2020 made in
M.C.O.P.No.310 of 2017 on the file of the Motor Accident Claims
Tribunal/Special Subordinate Judge Court, Erode.
2.The appellant is the claimant in M.C.O.P.No.310 of 2017 on the file of
the Motor Accident Claims Tribunal, Special Subordinate Judge Court, Erode.
She filed the above said claim petition, claiming a sum of Rs.10,00,000/- as
compensation on account of the injuries sustained by her in the accident that
took place on 14.05.2016.
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 Maestro Deluxe Two Wheeler motorcycle who is the third
respondent herein and directed the 2nd respondent-Insurance Company to pay a
sum of Rs.1,99,000/- as compensation to the appellant.
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C.M.A.No.1370 of 2020
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
Appellant/Claimant was admitted in LKM Hospital at Erode and taken
treatment as inpatient from 14.05.2016 to 19.05.2016 (6 days) and during the
treatment period she underwent surgery and after being discharged she could
not do her work as before and still going to hospital for further treatment and
medical checkup. It is further submitted that she spent a sum of Rs.59,420/-
towards medical expenses and to prove the same Ex.P7-Medical Bills and
Ex.P8- Discharge summary were also marked, but the Claims Tribunal without
considering the same has awarded a sum of Rs.60,000/- towards medical
expenses which is very low and further no compensation is awarded towards
future medical expenses. 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
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C.M.A.No.1370 of 2020
Company submitted that the Claims Tribunal on considering Ex.P8-Medical
Bills has awarded a sum of Rs.60,000/- towards Medical Expenses, which is
not meager. He further submitted that the Claims Tribunal on considering both
oral and documentary evidence has rightly awarded compensation to the
appellant/claimant and therefore no enhancement is required.
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 appellant/claimant was admitted in
LKM Hospital at Erode and she has taken treatment as inpatient from
14.05.2016 to 19.05.2016 (6 days) and during the treatment period she
underwent surgery and after being discharged she could not do her work as
before and still going to hospital for further treatment and medical checkup.
In the discharge summary it is stated that the 'Post Operative Period
uneventful'. Considering the nature of injuries sustained by the claimant and
on a perusal of the discharge summary, ths Court is of the view that the
compensation can be awarded towards Future Medical expenses and
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C.M.A.No.1370 of 2020
accordingly a sum of Rs.25,000/- is awarded towards future medical expenses.
9. Considering the nature of injuries sustained, period of treatment
undergone this Court is of the view that the compensation towards Permanent
Disability and Loss of Earning Power can be enhanced. Accordingly, the
compensation towards Permanent Disability and Loss of Earning Power is
enhanced to Rs.35,000/-/
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 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 5,000/- 5,000/- Confirmed
Hospital
3. Extra nourishment 6,000/- 6,000/- Confirmed
4. Attender charges 6,000/- 6,000/- Confirmed
5. Future Medical Nil 25,000/- Granted
Expenses
6. Damages for 2,000/- 2,000/- Confirmed
clothes and articles
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C.M.A.No.1370 of 2020
S. Description Amount awarded Amount awarded Award confirmed
No by Tribunal by this Court or enhanced or
(Rs) (Rs) granted
7. Medical Expenses 60,000/- 60,000/- Confirmed
8. Pain and sufferings 60,000/- 60,000/- Confirmed
9. Permanent 15,000/- 35,000/- Enhanced
Disability and Loss
of Earning Power
Total Rs.1,99,000/- Rs.2,44,000/- Enhanced by
Rs.45,000/-
10.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.1,99,000/- is hereby enhanced
to Rs.2,44,000/- together with interest at the rate of 7.5% per annum from the
date of 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.310 of 2017 on the file of the Motor Accident Claims
Tribunal, Special Subordinate Judge Court, Erode. 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/claimant shall pay necessary Court fee, if any, on the
enhanced compensation. No costs.
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C.M.A.No.1370 of 2020
06.08.2021
arr
Index : Yes / No
Internet : Yes / No
To
1.The Motor Accident Claims Tribunal,
Special Subordinate Judge Court, Erode.
2. The National Insurance Co., Ltd.,
DO X, 803a, 8th Floor, Tower C, Konnectus Building,
Opp: New Delhi Railway Station, Bhavbhuti Marg,
New Delhi -110 002.
Branch at 73, Perundurai Road, New Collector Office,
Post Box No.911, Erode District-638 011
3.The Section Officer,
VR Section,
High Court,
Madras.
S.VAIDYANATHAN, J.
arr
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C.M.A.No.1370 of 2020
C.M.A.No.1370 of 2020
25.08.2021
https://www.mhc.tn.gov.in/judis/
