Madras High Court
Rajkamal @ Kamal vs R. Gomathi on 16 February, 2021
C.M.A.No.430 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
C.M.A.No.430 of 2015
Rajkamal @ Kamal .. Appellant
Vs.
1.R. Gomathi
2.The New India Assurance Co., Ltd.,
No.4, Muthulinga Reddy Street,
Tambaram West, Chennai – 45. .. Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, against the fair and decretal order dated 18.02.2013 in
M.C.O.P.No.4014 of 2008 on the file of the Motor Accidents Claims
Tribunal, Court of Small Causes, Chennai.
For Appellant : Mr. A.N. Viswanatha Rao
For R1 : No Appearance
For R2 : Ms. R. Sreevidhya
1/6
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C.M.A.No.430 of 2015
JUDGMENT
The award dated 18.02.2013 passed in M.C.O.P.No.4014 of 2008, is
under challenge in the present civil miscellaneous appeal.
2. The claimant is the appellant herein and the appeal is filed
seeking enhancement of compensation. The appellant / claim petitioner filed
MCOP.No.4014/2008 for claiming compensation for injuries sustained in
road accident. After trial, the Tribunal has awarded a sum of Rs.3,20,518/-
with interest at the rate of 7.5% per annum from the date of petition.
Aggrieved by the same, the present appeal has been filed by the
appellant/claimant, for enhancement of compensation.
3. The factum of the accident and the manner of the accident and
negligence on the part of the driver of the first respondent which was insured
with the second respondent / New India Assurance Company Limited are not
in dispute and hence, the finding rendered in this regard by the Motor
Accident Claims Tribunal are hereby confirmed.
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C.M.A.No.430 of 2015
4. On the factum of quantum of compensation petitioner counsel is
heard. At the time of the accident, the appellant / claim petitioner was aged
about 19 years, working as Collection Executive in Nandanam, Chennai,
earning about Rs.6,500/- per month. The petitioner has not filed any
document to prove the alleged income earned by him. Based upon the nature
of the evidence and nature of the employment, the Tribunal has rightly
arrived at Rs.4,500/- at the time of accident which took place in the year
2007.
5. After perusing the heads of compensation, I find that the amount
awarded towards loss of earning during treatment, is very low. Hence, the
same is enhanced to Rs.13,500/-. Medical expenses, pain and suffering, loss
of amenities, loss of future medical expenses, loss of earning power and
permanent disability as awarded by the tribunal appear to be just and
reasonable. Attendant charges is enhanced to Rs.10,000/- from 3000,
transport to hospital is enhanced to Rs.10,000/- from Rs.3000/, extra
nourishment is enhanced to Rs.10,000/- from Rs.3000/- and as stated supra
loss of earning during treatment is enhanced to Rs.13,500 from 4500/-.
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C.M.A.No.430 of 2015
6. Thus, the compensation awarded by the Tribunal is enhanced
from Rs.3,20,518/- to Rs.3,50,518/- the details of which read as follows:
Compensation Compensation
awarded by enhanced by this
Head
the Tribunal Court (Rs.)
(Rs.)
Loss of earning during 4,500/- 13,500/-
treatment period
Medical Expenses 67,018/- 67,018/-
Pain and Suffering 40,000/- 40,000/-
Loss of Amenities 10,000/- 10,000/-
Future Medical Expenses 10,000/- 10,000/-
Loss of Earning Power 80,000/- 80,000/-
Attender Charges 3,000/- 10,000/-
Transport to hospital 3,000/- 10,000/-
Extra Nourishment 3,000/- 10,000/-
Permanent Disability 1,00,000/- 1,00,000/-
Total 3,20,518/- 3,50,518/-
7. Accordingly, the modified compensation of Rs.3,50,518/- is to be
paid to the appellant along with the interest from the date of accident.
However, the claimant will not be entitled to interest on the award amount for
the period of delay as per order dated 24.02.2015. The second respondent /
New India Assurance Company Ltd., is directed to deposit the modified
award amount of Rs.3,50,518/- along with the interest, within a period of four
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C.M.A.No.430 of 2015
weeks, from the date of receipt of copy of the judgment and on such deposit,
the appellant-claimant is permitted to withdraw the entire award amount by
filing an appropriate application and the payments are to be made through
RTGS. Thus, the award dated 18.02.2013, passed in M.C.O.P.No.4014/2008,
stands modified and C.M.A.No.430/2015 stands allowed in part. No costs.
16.02.2021
AT
Index : Yes / No
Internet : Yes/ No
https://www.mhc.tn.gov.in/judis/
C.M.A.No.430 of 2015
RMT.TEEKAA RAMAN,J.
AT
To
1.The Motor Accidents Claims Tribunal,
Court of Small Causes, Chennai.
2.The Section Officer,
VR Section,
High Court,
Madras.
C.M.A.No.430 of 2015
16.02.2021
https://www.mhc.tn.gov.in/judis/
