Madras High Court
G.Siva Sathya vs S.Panneer Selvam on 1 July, 2021
C.M.A.No.1556 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.07.2021
CORAM:
THE HONOURABLE TMT.JUSTICE S.KANNAMMAL
C.M.A.No.1556 of 2021
G.Siva Sathya .. Appellant
Vs.
1.S.Panneer Selvam
2.The Divisional Manager,
New India Insurance Company Limited,
Door No.1, Bharathiyar Street,
Cuddalore. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
19.08.2019 made in M.C.O.P.No.1171 of 2009 on the file of the Motor
Accident Claims Tribunal, Chief Judicial Magistrate, Cuddalore.
For Appellant : Mr.S.Udayakumar
For R2 : Mr.J.Chandran
1/8
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C.M.A.No.1556 of 2021
JUDGMENT
The matter is heard through “Video Conferencing/Hybrid mode”.
2.This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 19.08.2019 made in
M.C.O.P.No.1171 of 2009 on the file of the Motor Accident Claims Tribunal,
Chief Judicial Magistrate, Cuddalore.
3.The appellant is the claimant in M.C.O.P.No.1171 of 2009 on the file
of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Cuddalore.
She filed the above said claim petition, claiming a sum of Rs.7,00,000/- as
compensation for the injuries sustained by her in the accident that took place
on 21.03.2009.
4.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving
by the driver of the car belonging to the 1st respondent and directed the 2nd
respondent-Insurance Company to pay a sum of Rs.82,629/- as compensation
to the appellant.
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C.M.A.No.1556 of 2021
5.Not being satisfied with the amounts awarded by the Tribunal, the
appellant has come out with the present appeal seeking enhancement of
compensation.
6.The learned counsel appearing for the appellant contended that in the
accident the appellant suffered multiple grievous injuries all over her body.
The Medical Board examined the appellant and certified that appellant
suffered 10% disability and issued disability certificate Ex.C1 to that effect.
But the Tribunal awarded a meagre sum of Rs.30,000/- towards disability at
the rate of Rs.3,000/- per percentage of disability. The Tribunal ought to have
awarded more compensation towards disability. The Tribunal ought to have
awarded compensation towards disability by adopting multiplier method as
the appellant suffered 10% permanent disability and she cannot do her work
as she was doing earlier. The appellant has taken treatment as inpatient at
PIMS Hospital, Puducherry from 21.03.2009 to 01.01.2009. The Tribunal
failed to award any amount towards attendant charges. The amounts awarded
by the Tribunal towards disability, pain & sufferings, extra nourishment and
transportation charges are meagre and prayed for enhancement of
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C.M.A.No.1556 of 2021
compensation.
7.Per contra, the learned counsel appearing for the 2nd respondent
contended that the Tribunal accepted the disability certificate issued by the
Medical Board and awarded a sum of Rs.30,000/- for 10% of disability and
the same is not meagre. The appellant has not proved that she suffered
functional disability. The Tribunal considering the entire materials on record,
has awarded a sum of Rs.82,629/- as compensation to the appellant under
different heads and the same is not meagre. The appellant has not made out
any case for enhancement of compensation and prayed for dismissal of the
appeal.
8.Heard the learned counsel appearing for the appellant as well as the
learned counsel appearing for the 2nd respondent-Insurance Company and
perused the entire materials on record.
9.From the materials available on record, it is seen that it is the case of
the appellant that in the accident she suffered multiple grievous injuries all
over her body. The Medical Board examined the appellant and certified that
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C.M.A.No.1556 of 2021
appellant suffered 10% disability. The disability certificate issued by the
Medical Board was marked as Ex.C1. The Tribunal accepted the disability
certificate issued by the Medical Board and awarded a sum of Rs.30,000/- for
10% of disability at the rate of Rs.3,000/- per percentage of disability and the
same is not meagre. The appellant has not proved that she suffered functional
disability. The appellant has taken treatment as inpatient at PIMS Hospital,
Puducherry from 21.03.2009 to 01.01.2009. Considering the nature of injuries
and period of treatment taken by the appellant, the amounts awarded by the
Tribunal towards pain & sufferings and extra nourishment are meagre and
hence, the same are enhanced to Rs.50,000/- and Rs.5,000/- respectively. The
Tribunal has not awarded any amount towards attendant charges. A
reasonable sum of Rs.10,000/- is granted towards attendant charges. The
amounts awarded by the Tribunal towards loss of amenities, medical
expenses, transportation charges and damages to clothes are just and
reasonable and hence, the same are hereby confirmed. Thus, the
compensation awarded by the Tribunal is modified as follows:
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C.M.A.No.1556 of 2021
S. Description Amount awarded Amount awarded Award confirmed
No by Tribunal by this Court or enhanced or
(Rs) (Rs) granted
1. Disability 30,000/- 30,000/- Confirmed
2. Pain and sufferings 20,000/- 50,000/- Enhanced
3. Loss of amenities 10,000/- 10,000/- Confirmed
4. Medical expenses 14,629/- 14,629/- Confirmed
5. Transportation 5,000/- 5,000/- Confirmed
charges
6. Extra nourishment 2,000/- 5,000/- Enhanced
7. Damages to clothes 1,000/- 1,000/- Confirmed
8. Attendant charges - 10,000/- Granted
Total Rs.82,629/- Rs.1,25,629/- Enhanced by
Rs.43,000/-
10.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.82,629/- is hereby enhanced
to Rs.1,25,629/- together with interest at the rate of 7.5% per annum from the
date of petition till the date of deposit. The 2nd respondent-Insurance
Company is directed to deposit the award amount now determined by this
Court along with 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
judgment, to the credit of M.C.O.P.No.1171 of 2009 on the file of the Motor
Accident Claims Tribunal, Chief Judicial Magistrate, Cuddalore.
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C.M.A.No.1556 of 2021
11.It is submitted by the learned counsel for the appellant that the
appellant has attained majority as of now. In view of the same, the appellant
is permitted to withdraw the award amount now determined by this Court,
along with interest and costs, less the amount if any, already withdrawn by
making necessary applications before the Tribunal. No costs.
01.07.2021
mtl
Index : Yes / No
Internet : Yes / No
To
1.The Chief Judicial Magistrate,
Motor Accident Claims Tribunal,
Cuddalore.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.1556 of 2021
S.KANNAMMAL , J.
mtl
C.M.A.No.1556 of 2021
01.07.2021
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