Sangeetha vs P.Jayakumar
2021 Latest Caselaw 4608 Mad

Citation : 2021 Latest Caselaw 4608 Mad
Judgement Date : 23 February, 2021

Madras High Court

Sangeetha vs P.Jayakumar on 23 February, 2021

                                                                                   C.M.A.No.2150 of 2015

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 23.02.2021

                                                          CORAM:

                           THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

                                                   C.M.A.No.2150 of 2015

                   Sangeetha                                                      .. Appellant


                                                          Vs.

                   1.P.Jayakumar
                   2.Reliance General Insurance Co. Ltd.,
                     Old No.15, New No.29, 3rd floor,
                     North Usman Road,
                     T.Nagar,
                     Chennai – 600 017                                             .. Respondents

                   Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
                   Vehicles Act, 1988, against the judgment and decree dated 19.08.2014 made
                   in M.A.C.T.O.P.No.4768/2012 on the file of the Motor Accident Claims
                   Tribunal, IV Court of Small Causes, Chennai.

                                          For Appellant     : Mr. M. Malar

                                          For R1            : Ex-parte

                                          For R2            : Mr. S. Arun Kumar


                   1/8


https://www.mhc.tn.gov.in/judis/
                                                                                     C.M.A.No.2150 of 2015

                                                     JUDGMENT

The Civil Miscellaneous Appeal has been filed by the claimant

seeking enhancement of compensation under the impugned Award dated

19.08.2014 passed by the Motor Accidents Claims Tribunal, IV Court of

Small Causes, Chennai, in M.A.C.T.O.P.No.4768 of 2012.

2. The brief facts leading to the filing of the appeal are as follows:

(i) On 06.08.2012, at about 9.45 a.m., the appellant was riding TVS

Scooty Streak bearing registration No.TN-06-B-0832 from Mylapore to Taj

Coramandal Hotel, Nungambakkam. At that time, the share Auto which

belongs to the first respondent bearing registration No.TN-22-CZ-4873 and

insured with the second respondent came is a rash and negligent manner and

dashed against the appellant. As a result, the appellant sustained grievous

injuries. Immediately, she was admitted in Meenakshi Speciality Hospital.

Due to the accident she had sustained fracture in head of radius, right elbow

joint effusion and multiple injuries all over the body. At the time of the

accident, the appellant was aged about 20 years, working as Research

Associate by profession, earning about Rs.25,000/- per month.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2150 of 2015

(ii) The Appellant / Claimant preferred a claim petition before the

Motor Accidents Claims Tribunal in M.A.C.T.O.P.No.4768 of 2012 seeking

compensation of Rs.8,00,000/-.

(iii) The Motor Accidents Claims Tribunal, by its Award dated

19.08.2014 in M.A.C.T.O.P.No.4768/2012 directed the second respondent to

pay the appellant a sum of Rs.1,29,300/- together with interest at the rate of

7.5%, per annum from the date of petition till the date of realisation.

(iv) Aggrieved by the quantum of compensation awarded by the

Tribunal, the appeal has been filed by the appellant seeking enhancement of

compensation.

3. Heard, Ms. M. Malar, learned Counsel for the appellant and

Mr. S. Arun Kumar, learned counsel for the second respondent.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2150 of 2015

4. The factum of the accident and manner of the accident and

negligence on the part of the driver of the first respondent whose vehicle was

insured with the second respondent / Reliance General Insurance are not

under challenge and hence, the finding rendered in this regard by the Motor

Accident Claims Tribunal are hereby confirmed.

5. On the point of quantum, P.W.2 Doctor, deposed that the victim

has sustained partial permanent disability as 25%. On consideration of the

evidence of P.W.1 that she had sustained fracture in head of radius, right

elbow joint effusion and multiple injuries, the Tribunal has fixed the

disability as 20%. Considering the date of accident, during the year 2012,

Rs.3000/- is fixed for each percentage of disability. Accordingly, Rs.60,000/-

is awarded and hence the compensation under the head disability is enhanced

to Rs.60,000/- from 40,000/-. Attendant charges is enhanced from Rs.5000 to

Rs.10,000. As per Ex.P8 and Ex.P9 salary of the injured, loss of income is

enhanced to Rs.75,000/-.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2150 of 2015

6. Thus, the compensation awarded by the Tribunal is enhanced

from Rs.1,29,300/- to Rs.2,09,300/- the details of which read as follows:

Compensation Compensation awarded by enhanced by this Head the Tribunal Court (Rs.) (Rs.) Disability 40,000/- 60,000/-

                         Pain and Sufferings                  25,000/-            25,000/-
                         Extra Nourishment                    15,000/-            15,000/-
                         Attendant Charges                     5,000/-            10,000/-
                         Transportation                       10,000/-            10,000/-
                         Damages towards clothing              1,000/-             1,000/-
                         Loss of Income                       20,000/-            75,000/-
                         Medical Bills                        13,300/-            13,300/-
                                      Total                1,29,300/-          2,09,300/-

7. Accordingly, the modified compensation of Rs.2,09,300/- is to be

paid to the appellant along with the interest from the date of accident. The

second respondent / Reliance General Insurance Company Ltd., is directed to

deposit the modified award amount of Rs.2,09,300/- along with the interest,

within a period of four 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

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2150 of 2015

payments are to be made through RTGS. Thus, the award dated 19.08.2014,

passed in M.A.C.T.O.P.No.4768/2012, stands modified and

C.M.A.No.2150/2015 stands allowed in part. No costs.