Madras High Court
Rathinabai vs T.Arunachalam on 13 December, 2021
C.M.A.(MD)No.1317 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.1317 of 2011
1.Rathinabai
2.Bharathamani
3.Padmavathi
4.Thirumalairajan ...Appellants/Petitioners
Vs.
1.T.Arunachalam
2.The Divisional Manager,
New India Assurance Company Limited,
Sivakasi.
3.Velmurugan ...Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, to set aside the decree and judgment passed in M.C.O.P.No.62
of 2006, dated 05.01.2001 on the file of the Motor Accidents Claims Tribunal
Cum Subordinate Judge, Sivakasi.
For Appellants :Mr.M.Ashokkumar
For R1 :No Appearance
For R2 :Mr.G.Prabhu Rajadurai
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.1317 of 2011
JUDGMENT
The appellants are the claimants in M.C.O.P.No.62 of 2006 on the file
of the Motor Accidents Claims Tribunal Cum Subordinate Judge, Sivakasi.
They filed the claim petition under Section 166 of the Motor Vehicles Act,
1988 seeking compensation of Rs.4,00,000/- for the injuries sustained by
one Gopalakrishnan.
2. The case of the claimants, in nutshell, is as follows:
On 02.10.2004 at 2.15 p.m., when the first petitioner
Gopalakrishnan (died) was riding his bicycle from north to south towards
Sattur to Virudhunagar Road, at that time, a TATA Sumo bearing Registration
No.TN-67-U-2765, which was coming from same direction driven by its
driver in a rash and negligent manner hit against the bicycle. Due to said
accident, the said Gopalakrishnan (died) has sustained fracture on his left
fore arm and hip and blood injuries all over the body and admitted in the Star
Hospital, Sattur.
3.The claimants have filed the claim petition in M.C.O.P.No.62 of
2006 on the file of the Motor Accidents Claims Tribunal Cum Subordinate
Judge, Sivakasi, seeking compensation of Rs.4,00,000/-.
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C.M.A.(MD)No.1317 of 2011
4.Before the Tribunal, on the side of the claimants, two witnesses were
examined as P.W.1 and P.W.2 and sixteen documents were marked as Exs.P.1
to P.16. On the side of the respondents herein, no one was examined and no
document was marked.
5.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments of the counsel for the claimant and the
respondents and also on appreciating the evidences on record, held that the
accident occurred only, due to the rash and negligent driving of the driver of
the first respondent and directed the second respondent to pay a sum of
Rs.53,315/- as compensation. Aggrieved over the orders passed by the
Tribunal, the claimants have filed the present appeal under Section 173 of the
Motor Vehicles Act, 1988.
6.Heard Mr.M.Ashokkumar, learned counsel appearing for the
appellants/claimants and Mr.G.Prabhu Rajaduri, learned counsel appearing
for the second respondent/insurance company and perused the material
documents available on record.
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C.M.A.(MD)No.1317 of 2011
7.The learned counsel for the appellants/claimants contended that the
Tribunal has failed to adopt multiplier method for calculating the loss of
income of the deceased from the date of the accident and also failed to award
compensation with regard to pain and sufferings, Attendant Charge and
Surgery Expenses. Hence, the award passed by the Motor Accidents Claims
Tribunal is liable to be modified.
8.Perusal of records, it shows that during pendency of M.C.O.P, the
claimant died. Since the appellants/petitioners 2 to 5 were impleaded as the
legal heirs of the deceased, it is not proved that the deceased died only due to
the accident. But the award of compensation granted by Tribunal is very low.
Considering the nature of the injuries sustained by the deceased, this Court is
inclined to enhance the award amount under various heads is extracted
hereunder:
S.No. Head Amount granted by this
Court
1. Medical Expenses Rs.1,00,000/-
2. Loss of income Rs. 12,000/-
3. Pain and Sufferings Rs. 10,000/-
4. Extra nourishment Rs. 5,000/-
5. Transportation Rs. 5,000/-
Total Rs.1,32,000/-
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C.M.A.(MD)No.1317 of 2011
9.Thus the quantum of compensation awarded by the Tribunal is
enhanced from Rs.53,315/- to Rs.1,32,000/- which would carry interest at the
rate of 7.5% per annum.
10. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed. No costs.
(ii) The quantum of compensation awarded by the Tribunal is enhanced
from Rs.53,315/- to Rs.1,32,000/-.
(iii) The second respondent/ Insurance Company is directed to deposit
the enhanced compensation amount i.e., Rs.1,32,000/- (Rupees One lakh
thirty two thousand only), less the amount already deposited, together with
interest at the rate of 7.5% per annum from the date of claim petition till the
date of deposit to the credit of MCOP.No.62 of 2006 on the file of the Motor
Accidents Claims Tribunal Cum Subordinate Judge, Sivakasi, within a period
of four weeks from the date of receipt of a copy of this order.
(iv) On such deposit being made, the first appellant is entitled to
withdraw Rs.72,000/- and the 2 to 4 appellants are entitled to withdraw
Rs.20,000/- each by filing necessary application before the Tribunal.
13.12.2021
vsd
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.1317 of 2011
S.ANANTHI, J.
vsd
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 Accidents Claims Tribunal
Cum Subordinate Judge,
Sivakasi.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
Judgment made in
C.M.A.(MD)No.1317 of 2011
13.12.2021
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