Madras High Court
K.Rameshkumar vs K.J.R.Jayaramaraja on 7 December, 2021
C.M.A.(MD).No.305 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD).No.305 of 2020
K.Rameshkumar ... Appellant
Vs.
1.K.J.R.Jayaramaraja
2.The Oriental Insurance Company Limited,
Branch Office,
D.No.1548, Tenkasi Road,
Rajapalayam 626 117,
Virudhunagar District,
through its Branch Manager,
(the first respondent was set ex-parte
before the Tribunal and hence he was
given up).
... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988, against the judgment and decree made in M.C.O.P.No.279 of
2017 on the file of the Motor Accident Claims Tribunal Authority (Special Sub
Judge), Tirunelveli, dated 09.12.2019 and to set aside the judgment and award
consequently enhance the compensation.
1/6
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C.M.A.(MD).No.305 of 2020
For Appellant : Mr.V.Sasikumar
For R2 : Mr.E.Chandrasekaran
JUDGMENT
The appellant/claimant has filed this appeal to enhance the award amount
granted in M.C.O.P.No.279 of 2017, on the ground that some of the medical bills
are not added in the award amount, loss of marital status also not included in the
award amount and for attendant charges only Rs.10,000/- was awarded, but
through out the life without any help the claimant cannot move. The Insurance
Company has not filed any appeal against the award.
2. The appellant/claimant has filed M.C.O.P.No.279 of 2017 before the
Motor Accident Claims Tribunal Authority, Special Sub Judge, Tirunelveli,
seeking compensation of Rs.60,00,000/-, for the injuries sustained by him in an
accident occurred on 17.01.2017 at about 8.45 hours. While the
appellant/claimant was riding his motorcycle bearing Registration No.TN 58 AY
2601 along with one Rajkumar as a pillion rider in Sattur to Sivakasi Main Road,
opposite to Anuppankulam Jeyam Mess, from East to West, on the extreme left
side of the road, a bus bearing Registration No.TN 67 AT 4568 belonging to the
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C.M.A.(MD).No.305 of 2020
first respondent came in a rash and negligent manner and dashed against the
petitioner's motorcycle. Due to the said impact, the appellant/claimant sustained
multiple grievous injuries all over the body and he was taken to the Government
Hospital, Sivakasi. Thereafter, he was taken treatment in Velammal Hospital,
Madurai and taken treatment in Hannah Joseph Hospital, K.K.Nager, Madurai
and incurred a sum of Rs.6,00,000/-. The accident had happened due to the rash
and negligent driving of the driver of the first respondent. The Tribunal has
awarded a sum of Rs.31,70,697/-. Against which, the appellant/claimant has filed
the present appeal.
3. Heard the learned counsel for the appellant/claimant and the learned
counsel for the second respondent/Insurance Company and perused the materials
available on record.
4. Even though the medical bills come to Rs.3,57,266/-, the Insurance
Company admitted for Rs.2,71,883/-, since some of the amounts are repeated. As
per the evidence of the Doctor, the claimant is not having any marital
relationship, since the age of the claimant was 22 years. So, Rs.2,00,000/- is
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C.M.A.(MD).No.305 of 2020
awarded for loss of marital status, Rs.2,71,883/- is awarded for medical bills and
Rs.2,00,000/- is awarded for attendant charges. For pain and suffering, the
Tribunal has awarded only a sum of Rs.50,000/-. The appellant/claimant
sustained multiple injuries and also injury in spinal cord and all the parts are
affected below the hip. So, for pain and suffering, Rs.2,00,000/- is awarded and
the other heads viz., loss of earning power, transport expenses, extra nourishment
and loss of convenience are confirmed. Accordingly, the award of the Tribunal is
enhanced from Rs.31,70,697/- to Rs.34,06,083/-.
5. In fine, the Civil Miscellaneous Appeal is allowed. The claimants are
entitled for Rs.34,06,083/- along with interest at the rate of 7.5% per annum from
the date of petition till the date of realization. The second respondent/Insurance
Company is directed to deposit the award amount with accrued interest and costs,
less the amount already deposited, if any, within a period of six weeks from the
date of receipt of a copy of this order. On such deposit, the appellant / claimant is
permitted to withdraw the entire award amount. No costs.
07.12.2021
akv
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C.M.A.(MD).No.305 of 2020
Intex : Yes/No
Internet : Yes/No
Note :
In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order
that is presented is the correct copy, shall be the
responsibility of the advocate / litigant concerned.
To
1.The Motor Accident Claims Tribunal Authority
(Special Sub Judge),
Tirunelveli.
2.V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.305 of 2020
S.ANANTHI,J.
akv
C.M.A.(MD).No.305 of 2020
07.12.2021
https://www.mhc.tn.gov.in/judis
