Madras High Court
Kalaimani vs Jaisurya on 10 August, 2021
C.M.A.No.1446 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2021
CORAM:
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
C.M.A.No.1446 of 2020
Kalaimani ... Appellant
vs.
1. Jaisurya
2. United India Insurance Co. Ltd.,
77, Oriental Complex, A.A. Street,
Salem – 636 001. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the judgment and decree dated 19.10.2019 made
in M.A.C.T.O.P.No.833 of 2018 on the file of the Motor Accidents Claims
Tribunal/Special Subordinate Judge No-I, Salem.
For Appellant : Mr.T.S.Arthanareeswaran
For 1st Respondent : No appearance
For 2nd Respondent : Mr.J.Chandran
JUDGMENT
Aggrieved by the judgment and decree dated 19.10.2019 passed by
the Motor Accidents Claims Tribunal/Special Subordinate Judge No-I,
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C.M.A.No.1446 of 2020
Salem in M.C.O.P.No.833 of 2018, the injured Claimant has come up with
this Civil Miscellaneous Appeal, seeking enhancement of compensation.
2. According to the Claimant, on 09.12.2017, when he was
driving a TVS 50 XL Moped bearing Registration No.TN 28 H 9424,
another motor cycle bearing Registration No.TN 54 K 4719 (Bajaj KTM
Duke), which came in the opposite direction in a rash and negligent manner,
dashed against the vehicle driven by the Claimant, thereby, he sustained
grievous injuries and multiple fractures. For the injuries sustained by him,
the Claimant filed a Claim Petition claiming a sum of Rs.15,00,000/- as
compensation.
3. Before the Tribunal, on the side of the Claimant, P.W.1 was
examined and Exs.P1 to P12 were marked. On the side of the Respondents,
R.W.1 was examined and Exs.R1 to R3 were marked. On the side of the
Court, C.W.1 was examined and Exs.C1 and C2 were marked.
4. The Tribunal, on a consideration of the entire oral and
documentary evidence, awarded a sum of Rs.3,46,615/- as compensation to
the Claimant, under the following heads:
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C.M.A.No.1446 of 2020
Heads Amount awarded by
the Tribunal (Rs.)
Pain and Suffering 25,000.00
Loss of Income 42,000.00
Medical expenses 1,33,615.00
Transportation expenses 15,000.00
Extra Nourishment 15,000.00
Attender Charges 15,000.00
Damages to clothing 1,000.00
Inconvenience expenses 25,000.00
Permanent disability 75,000.00
Total 3,46,615.00
5. Learned counsel for the Appellant/Claimant contended that, the
Tribunal failed to note that, the Claimant was hospitalized as inpatient for
nine days from 09.12.2017 to 17.12.2017, and it ought to have awarded
more amount under the heads, 'pain and suffering', 'loss of income' and
'Attender Charges'. He also contended that, no amount is awarded under the
head 'future medical expenses'.
6. Heard the learned counsel on either side and perused the
material documents available on record.
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C.M.A.No.1446 of 2020
7. On a perusal of the records, it is seen that, the
Appellant/Claimant sustained comminuted fracture lower end left with
fracture neck of femur left and communited fracture shaft of femur left and
Type 3A open comminuted fracture patella left, due to which, he had
difficulty in squatting, sitting cross-legged and pain in hip and knee. Hence,
this Court feels it appropriate to enhance the compensation under the head
'pain and suffering' to a sum of Rs.35,000/-.
8. As far as the compensation under the head 'permanent
disability' is concerned, the Tribunal has awarded Rs.75,000/- by fixing
Rs.3,000/- for each percentage of disability. The Doctor, who examined the
Appellant/Claimant assessed his permanent disability at 25%. This Court is
of the view that, the compensation under this head requires enhancement,
and by fixing Rs.4,000/- for each percentage of disability, compensation is
accordingly enhanced to a sum of Rs.1,00,000/- (Rs.4,000/- x 25%).
9. Considering the nature of injuries suffered by the
Appellant/Claimant, this Court enhances the compensation towards 'extra
nourishment' to Rs.25,000/-.
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C.M.A.No.1446 of 2020
10. Further, this Court is of the view that, on account of the
fractures sustained by him, the Appellant/Claimant would have certainly
undergone further treatment. However, the Tribunal has not awarded any
amount under the head 'future medical expenses'. Hence, this Court feels it
appropriate to award a sum of Rs.25,000/- towards 'future medical
expenses'.
11. As compensation awarded under the other heads are just and
reasonable, this Court finds no reason to interfere with the same. In all, the
Award of the Tribunal is modified, as tabulated below:
Heads Amount awarded Amount
by the Tribunal modified by
(Rs.) this Court (Rs.)
Pain and Suffering 25,000.00 35,000.00
Loss of Income 42,000.00 42,000.00
Medical expenses 1,33,615.00 1,33,615.00
Transportation expenses 15,000.00 15,000.00
Extra Nourishment 15,000.00 25,000.00
Attender Charges 15,000.00 15,000.00
Damages to clothing 1,000.00 1,000.00
Inconvenience expenses 25,000.00 25,000.00
Permanent disability 75,000.00 1,00,000.00
Future Medical Expenses --- 25,000.00
Total 3,46,615.00 4,16,615.00
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C.M.A.No.1446 of 2020
12. In fine, compensation of a sum of Rs.3,46,615/- awarded by the
Tribunal is enhanced to a sum of Rs.4,16,615/- (Rupees Four Lakhs
Sixteen Thousand Six Hundred and Fifteen only). The 2nd
Respondent/Insurance Company is directed to deposit the modified Award
amount along with interest at 7.5% per annum from the date of filing the
Claim Petition till the date of deposit, less the amount already deposited, if
any, to the credit of M.C.O.P.No.833 of 2018 on the file of Motor
Accidents Claims Tribunal (Special Subordinate Judge No-I), Salem, within
a period of six weeks from the date of receipt of a copy of this judgment. 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 Civil Miscellaneous Appeal is ordered accordingly. No costs.
10.08.2021
Index : Yes / No
Speaking Order : Yes / No
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C.M.A.No.1446 of 2020
(aeb)
To:
1. The Motor Accidents Claims Tribunal
Special Subordinate Judge No-I,
Salem.
2. The Section Officer,
V.R. Section, High Court of Madras,
Chennai 600 104.
S.VAIDYANATHAN,J.
(aeb)
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C.M.A.No.1446 of 2020
C.M.A. No.1446 of 2020
10.08.2021
https://www.mhc.tn.gov.in/judis
