Marimuthu vs Vinoj
2021 Latest Caselaw 11579 Mad

Citation : 2021 Latest Caselaw 11579 Mad
Judgement Date : 14 June, 2021

Madras High Court

Marimuthu vs Vinoj on 14 June, 2021

                                                                               C.M.A.No.1303 of 2013

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 14.06.2021

                                                       CORAM

                                   THE HON'BLE MR.JUSTICE C.SARAVANAN

                                             C.M.A.No.1303 of 2013

                 Marimuthu                                                     ... Appellant

                                                          Vs.

                 1.Vinoj
                 2.Manoharan
                 3.The United India Insurance Co Ltd,
                   Door No.266, Kabila Towers,
                   2nd Towers, Opposite to Saibaba Kovil,
                   Mettupalayam Road, Coimbatore.                            ... Respondents

                       Civil Miscellaneous Appeal filed under Section 173 of Motor
                 Vehicles Act, 1988 against the Judgment and Decree order dated
                 25.11.2009 made in M.C.O.P.No.574 of 2006, on the file of the Motor
                 Accidents Claims Tribunal/ III Additional Sub Court at Coimbatore.


                                   For Appellant       : Mr.M.Lokesh for
                                                         Mr.Ma.P.Thangavel

                                   For Respondents : M/s.I.Malar for R3
                                                     R1 and R2 No appearance




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https://www.mhc.tn.gov.in/judis/
                 Page No 1 of 6
                                                                          C.M.A.No.1303 of 2013

                                                  JUDGMENT

In this appeal, the appellant has sought for enhancement of

compensation awarded by the Tribunal in its judgment and decree dated

25.11.2009 in M.C.O.P.No.574 of 2006. The compensation awarded by

the Tribunal are detailed below:-

                                     Transportation      Rs. 1,000/-
                                     Extra               Rs. 3,000/-
                                     Nourishment
                                     Pain            and Rs.12,000/-
                                     suffering
                                     Loss of Income      Rs. 3,000/-
                                     Permanent           Rs.22,000/-
                                     Disability
                                     Total               Rs.41,000/-

2.The learned counsel for the appellant submits that the amount of

Rs.41,000/- for the injuries suffered by the appellant is low and therefore

prays for enhancement of the compensation.

3.Defending the impugned judgment and decree, the learned

counsel for the 3rd respondent/Insurance Company submits that the

Tribunal has awarded a just compensation and therefore requires no

interference. He therefore submits that the award amount may be

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confirmed and dismissing this appeal.

4.Heard the learned counsel for the appellant and the respondent

and perused the impugned judgment and decree and the exhibits that

were marked before the Tribunal.

5.It is noticed that the appellant had suffered a fracture in both

legs. He was stated to be a merchant in the Flower Bazar, at Parrys

Corner. In my view, the Tribunal has by and large awarded compensation

on the conventional heads correctly. However, the Tribunal has awarded

only a sum of Rs.3000/- towards loss of income for three months and

towards injury at 22% at Rs.1,000/-. Considering the nature of injuries

suffered by the appellant, I am inclined to partly enhance the

compensation towards injuries suffered by the appellant in the impugned

order is enhanced to Rs.33,000/-. Considering the nature of injuries

suffered by the appellant, there shall be an addition of Rs.18,000 towards

loss of income. In the result, the compensation awarded by the Tribunal

is enhanced as follows:-

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Sl.No. Heads of Amount Amount Award Compensation Awarded by the awarded by confirmed or Tribunal this Court enhanced or reduced or granted or set aside

1. Transportation Rs. 1,000/- Rs.1,000/- Confirmed

2. Extra Rs. 3,000/- Rs.3,000/- Confirmed Nourishment

3. Pain and Rs.12,000/- Rs.15,000/- Enhanced by suffering Rs.3,000/-

                   4.        Loss          of       Rs.3,000/-      Rs.18,000/- Enhanced by
                             Income                                             Rs.15,000/-

                   5.        Permanent             Rs.22,000/-    Rs.33,000/- Enhanced         by
                             Disability                                         Rs.11,000

                             Total                  Rs.41,000/-     Rs.70,000/- Enhanced       by
                                                                                Rs.29,000/-

5.In the light of the above, this appeal stands partly allowed by

directing the 3rd respondent/Insurance Company to deposit the enhanced

amount of compensation of Rs.70,000/- together with interest at 7.5% per

annum from the date of numbering of the claim petition till the date of

such deposit, less any amount already deposited by it, within a period of

six weeks from the date of receipt of a copy of this Judgment.

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6.On such deposit being made by the 3rd respondent/Insurance

Company, the appellant/claimant is permitted to withdraw his share

together with interest accrued thereon, less any amount already

withdrawn, by filing suitable applications before the Tribunal.

7.This Civil Miscellaneous Appeal stands Partly Allowed. No