Rajamani vs Shri Ram Trade Finance Co. Ltd
2021 Latest Caselaw 11901 Mad

                                                                            C.M.A.No.3750 of 2019

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 17.06.2021

                                                    CORAM

                                   THE HON'BLE MR.JUSTICE C.SARAVANAN

                                             C.M.A.No.3750 of 2019

                 1. Rajamani W/o.Late Palanimuthu
                 2. Rajeswari D/o.Late Palanimuthu
                 3. Raja Sekar S/o.Late Palanimuthu
                 4. Rajagopal S/o.Late Palanimuthu
                 5. Ravikumar S/o.Late Palanimuthu
                 6. Padmavathi D/o.Late Palanimuthu
                 7. Manokaran S/o.Late Palanimuthu             ... Appellants/Petitioners

                                                     Vs.

                 1. Shri Ram Trade Finance Co. Ltd.,
                    No.198, TV Swamy Road, R.S.Puram East S.O.,
                    Coimbatore

                 2. Cholamandalam MS General Insurance Co., Ltd.
                    Kalaikathir Building, No.963,. Avinashi Road,
                    Coimbatore.
                                                       ...Respondents / Respondents

                        Civil Miscellaneous Appeal filed under Section 173 of Motor
                 Vehicles Act, 1988 to enhance the award amount in the judgment and
                 decree dated 28.01.2019 made in M.A.C.T.O.P. No.782 of 2010 on the
                 file of the Motor Vehicle Accident Claims Tribunal / Subordinate Judge
                 Court, Sankari.

                                   For Appellant    : Mr.C.Paraneedharan
                                   For Respondent-1 : NA
                                   For Respondent-2 : Mr.J.Michael Visuvasam

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https://www.mhc.tn.gov.in/judis/
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                                                                                C.M.A.No.3750 of 2019

                                                      JUDGMENT

This appeal has been filed by the claimants for enhancement of

compensation.

2. By the impugned Judgment and decree, the Tribunal has

awarded a sum of Rs.12,00,000/- as compensation as detailed below:-

Sl. Heads of Compensation Amount Awarded No. by the Tribunal

1. Vjphf; hy bghUsPl;L jpwd; (Future Prospects) U:/04,80,000.00 2 thH;fi ; f Jiz ,Hg;g[ (Loss of Consortium) U:/00,40,000.00 3 1 Kjy; 7 kDjhuh;fSf;F ghrk; kw;Wk; gw;Wf;fhd U:/03,50,000.00 ,Hg;g[ (Loss of Love and affection) 4 kUj;Jt brytpdk; (Medical Expenses) U:/02,40,000.00 5 typ kw;Wk; ntjid (Pain and Sufferings) U:/00,50,000.00 6 nghf;Ftuj;J brytpdk; (Transportation charges) U:/00,10,000.00 7 brhj;Jf;fhd ,Hg;g[ (Loss of Estate) U:/00,15,000.00 8 fh;kfhhpa brytpdk; (Funeral Expenses) U:/00,15,000.00 bkhj;jk; U:/12,00,000.00

3. The appellants have filed this appeal for enhancement of

compensation on the ground that the Tribunal has wrongly considered the

monthly income of the deceased as Rs.10,000/- instead of Rs.20,000/-

while awarding the above compensation. Therefore, it is submitted that

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the Tribunal ought to have awarded a sum of Rs.9,60,000/- instead of

Rs.4,80,000/- towards future prospects.

4. Defending the impugned judgment and decree, the learned

counsel for the second respondent/Insurance Company submits that the

Tribunal has awarded excess amount on some of the heads and therefore,

the award amount may be confirmed in the absence of appeal by the

Insurance Company.

5. The learned Counsel for the 2nd respondent/Insurance company

further submits that the award amount has already been deposited

together with interest.

6. Heard the learned counsel for the appellant and the second

respondent. I have perused the impugned Judgment and decree and the

exhibits which came to be marked before the Tribunal. The Tribunal has

more or less awarded a just compensation though in few items, excess

amount has been awarded by the Tribunal.

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7. Considering the over all facts and circumstances of the case, the

amount awarded by the Tribunal appears to be reasonable and resulted in

just compensation to the appellants. Therefore, there is no merits in the

present appeal for enhancement of compensation. The impugned

Judgment and decree awarded by the Tribunal is confirmed and the

present appeal is dismissed. No costs.

17.06.2021 (1/2) ksa-2 Internet : Yes / No Index : Yes/No Speaking Order/Non-speaking Order

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To:

1.Motor Accident Claims Tribunal, Subordinate Judge Court, Sankari.

2.The V.R.Section, Madras High Court, Madras.

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C.SARAVANAN, J.

ksa-2

C.M.A.No.3750 of 2019

17.06.2021 (1/2)

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