Madras High Court
P.Babu vs S.Sathyamurthy on 15 June, 2021
C.M.A.No.4166 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.06.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.4166 of 2019
(Through Video Conferencing)
P.Babu ... Appellant
Vs.
1.S.Sathyamurthy
2.The New India Assurance Company Ltd.,
Ragina Mansion 1st Floor,
No.46, Moore Street,
Chennai – 1.
Now office changed at
The New India Assurance Company Ltd.,
Third Party Claims Office,
45, Moore Street, 5th Floor,
Chennai – 600 001. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the Award and Decree passed by the Motor
Accidents Claims Tribunal / Special Sub Court No.1, Chennai made in
M.C.O.P.No.3562 of 2002 dated 12.01.2015.
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C.M.A.No.4166 of 2019
For Appellant : Mr.Amar D. Pandiya
for M/s.J.Ramkumar
For Second Respondent : Mr.G.Udaya Sankar
*******
JUDGMENT
The claimant is the appellant. He is aggrieved by the impugned
Judgment and Decree dated 12.01.2015 passed by the Motor Accident
Claims Tribunal (Special Sub Court No.1), Chennai, in M.C.O.P.No.3562
of 2002.
2. By the impugned Judgment and Decree, the Tribunal has
awarded a sum of Rs.2,50,000/- as compensation together with interest at
7.5% per annum from the date of claim petition till the date of deposit
and costs, to the appellant for the injuries suffered by him.
3. Not being satisfied with the aforesaid compensation of
Rs.2,50,000/- awarded by the Tribunal, the appellant has filed this Civil
Miscellaneous Appeal for enhancement of compensation on the ground
that the Tribunal has awarded compensation only for 30% partial and
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C.M.A.No.4166 of 2019
permanent disability even though the evidence on record indicates that
the disability assessed by the P.W.2 was 50%. It is therefore submitted
that the compensation awarded by the Tribunal is liable to be enhanced.
4. That apart, it is submitted that the Tribunal has not awarded
proper amount towards Transportation and towards Extra Nourishment.
The learned counsel for the appellant therefore prays for allowing this
appeal.
5. The learned counsel for the second respondent Insurance
Company submits that the Judgment and Decree passed by the Tribunal is
well reasoned and requires no interference. He therefore prays for
dismissal of this appeal.
6. I have heard the learned counsel for the appellant and the
learned counsel for the second respondent Insurance Company. I have
perused the evidences on record and the impugned Judgment and Decree
passed by the Tribunal.
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C.M.A.No.4166 of 2019
7. In my view, the Tribunal has awarded a just compensation on
the most of the headings for the injuries suffered by the appellant. The
appellant has suffered a fracture on his right leg. It is not a permanent
disability. The amount that was awarded towards pain and sufferings
appears on the higher side. However, in my view, barring the amount
awarded towards Transportation and Extra Nourishment, no other
enhancement is required. Therefore, a sum of Rs.7,000/- awarded
towards Transportation Charges is enhanced to Rs.12,000/- and a sum of
Rs.5,000/- awarded towards Extra Nourishment is enhanced to
Rs.10,000/-.
8. Thus, the total compensation of Rs.2,50,000/- awarded by the
Tribunal is enhanced by another sum of Rs.10,000/-. The second
respondent Insurance Company is therefore directed to deposit a sum of
Rs.2,60,000/- together with interest at 7.5% per annum from the date of
filing of the claim petition, i.e. From 05.08.2002, till the date of deposit
and costs, less any amount already deposited, within a period of six
weeks from the date of receipt of a copy of this Judgment.
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C.M.A.No.4166 of 2019
9. On such deposit, the appellant is permitted to withdraw the same
together with interest and cost, less any amount already withdrawn, by
filing suitable application before the Tribunal.
10. Accordingly, this Civil Miscellaneous Appeal is partly allowed.
No cost.
15.06.2021
Index : Yes/No
Internet : Yes/No
jen
To
1.The Motor Accidents Claims Tribunal,
(Special Sub Court No.1), Chennai.
2.The Section Officer,
V.R. Section,
Madras High Court.
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C.M.A.No.4166 of 2019
C.SARAVANAN, J.
jen
C.M.A.No.4166 of 2019
15.06.2021
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