Madras High Court
X.Anand Xavier vs D.Sathish Kumar on 5 July, 2021
C.M.A. No.1685 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 05.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A. No.1685 of 2020
X.Anand Xavier .. Appellant
Versus
1. D.Sathish Kumar
2. National Insurance Co. Ltd.,
Motor Third Party Claims Hub,
3rd Floor, No.403, L.Pantheon Road,
Egmore, Chennai 600 008. .. Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the judgment and decree dated 04.01.2020 made in
MCOP.No.4580 of 2015 on the file of the Motor Accident Claims
Tribunal/Small Causes Court, Special Sub Judge, No.I, Chennai.
For appellant : Mr.K.Varadhakamaraj
For respondents
for R1 : Set ex-parte before the Tribunal
for R2 : Mr.S.Arunkumar
JUDGMENT
The appeal is heard through video conferencing.
2. Not being satisfied with the quantum of compensation awarded by the
Motor Accident Claims Tribunal/Small Causes Court, Special Sub Judge,
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C.M.A. No.1685 of 2020
No.I, Chennai, in MCOP.No.4580 of 2015, the present appeal has been filed
by the claimant for enhancement of the compensation amount.
3. It is the case of the appellant/claimant that on 08.04.2015 at about
22.30 hours, while the claimant was riding a two wheeler bearing Registration
No.TN-37-P-6265 on the left side of the GST Road, near Guduvanchery
Signal, a Car bearing Registration No.TN-21-AX-3353, belonging to the first
respondent and insured with the second respondent/Insurance Company,
driven by its driver in a very rash and negligent manner, and hit the
appellant/claimant. Due to the impact, the claimant sustained grievous injuries.
Immediately, he was admitted in the SRM Medical College Hospital &
Research Center, Potheri and thereafter, he took treatment in various
Hospitals. Hence, he made a claim for a sum of Rs.49,00,000/- as
compensation before the Tribunal.
4. The said claim petition was resisted by the Insurance Company by
filing a detailed counter statement denying the manner of accident as projected
by the claimant in the claim petition. They also denied the avocation and
income mentioned in the claim petition. Thus, they sought for dismissal of the
claim petition.
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C.M.A. No.1685 of 2020
5. In order to prove the claim on the side of the claimant, the claimant
examined himself as PW1 and marked 14 documents as Exs.P1 to P14. On the
side of the second respondent/Insurance Company, neither any oral nor any
documentary evidence was adduced.
6. The Tribunal after analysing the entire evidence came to the
conclusion that the accident had occurred only due to the rash and negligent
driving of the first respondent's Car. By coming to such conclusion, the
Tribunal passed an award for a sum of Rs.1,88,850/- and directed the
Insurance Company to pay the above compensation. The break-up details of
the amounts awarded by the Tribunal under various heads are as follows:
S.No. Heads under which amounts Amount in Rs.
are awarded
1. Disability 75,000
2. Pain and Sufferings 20,000
3. Transportation 5,000
4. Medical Expenses 17,655
5. Extra Nourishment 10,000
6. Attender Charges 2,500
7. Loss of Earnings 38,669
8. Loss of Future Prospects 20,000
Total Compensation 1,88,824
(rounded of to
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1,88,850)
C.M.A. No.1685 of 2020
7. Now, it is the specific contention of the learned counsel for the
appellant/claimant that though the claimant had produced the medical bills for
Rs.2,63,646/-, the Tribunal had awarded only Rs.17,655/- on the reasoning
that the other bills are duplicate bills. Since at the time of reimbursement of
Rs.2,50,000/-, out of the medical bills of Rs.4,95,390/-, the claimant had
produced all the original medical bills to the Insurance Company, he could not
produce the original bills before the Tribunal for claiming the amount of
Rs.2,63,646/-. Hence, the learned counsel seeks to set aside the amount of
Rs.17,655/- awarded under the head "Medical Expenses", instead award a sum
of Rs.2,63,646/- . The learned counsel further submitted that the amounts
awarded by the Tribunal under all the other heads are very meagre and the
same needs proper enhancement.
8. The learned counsel appearing for the second respondent/Insurance
Company made his submissions supporting the award passed by the Tribunal.
9. Heard both sides and perused the materials available on record.
10. It is clear from the records that the claimant had produced all the
original medical bills at the time of reimbursement. Hence, the duplicate
medical bills that were marked before the Tribunal cannot be found faulted
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C.M.A. No.1685 of 2020
with. Therefore, the total medical bills amounting to Rs.2,63,646/- is taken
fully and the same is awarded under the head "Medical Expenses".
11. Further, the sum of Rs.2,500/- awarded under the head "Attender
Charges" appears to be on the lower side and hence, the same is hereby
enhanced to Rs.5,000/-.
12. The amounts awarded by the Tribunal under all the other heads are
fair and reasonable and hence, they are confirmed. The total compensation is
re-determined as below:
S. Heads under which amounts Amount awarded by Amount awarded
No. are awarded the Tribunal in Rs. by this Court in Rs.
1. Disability 75,000 75,000
2. Pain and Sufferings 20,000 20,000
3. Transportation 5,000 5,000
4. Medical Expenses 17,655 2,63,646
5. Extra Nourishment 10,000 10,000
6. Attender Charges 2,500 5,000
7. Loss of Earnings 38,669 38,669
8. Loss of Future Prospects 20,000 20,000
Total Compensation 1,88,824 4,37,315
(rounded of to (rounded of to
1,88,850) 4,37,400)
13. Thus, the total compensation of Rs.1,88,824/- awarded by the
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C.M.A. No.1685 of 2020
Tribunal is hereby enhanced to Rs.4,37,400/- (Rupees four lakhs thirty seven
thousand and four hundred only), which shall carry interest at 7.5% from the
date of claim petition till the date of deposit. The second respondent/Insurance
Company is directed to deposit the total compensation awarded by this Court
before the Tribunal, after adjusting the amount if any already deposited, within
a period of six weeks from the date of receipt of a copy of this judgment. On
such deposit, the claimant is permitted to withdraw the entire amount. The
appellant/claimant shall pay necessary Court fee, if any, on the enhanced
compensation.
14. With the above observations and directions, this Civil Miscellaneous
Appeal is partly allowed. No costs.
05.07.2021
Speaking Order : Yes / No
Index : Yes / No
pvs
To
1. The Small Causes Court, Special Sub Judge, No.I, Chennai/
The Motor Accident Claims Tribunal
2. The Section Officer,
V.R.Section, High Court, Madras.
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C.M.A. No.1685 of 2020
S.KANNAMMAL, J.
pvs
C.M.A. No.1685 of 2020
05.07.2021
https://www.mhc.tn.gov.in/judis/
