Madras High Court
Sasikala vs Senthamiz Selvan on 18 June, 2021
C.M.A.No.3851 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.06.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.3851 of 2019
Sasikala
W/o.Patchaiappan
... Petitioner / Appellant
Vs.
1.Senthamiz Selvan
S/o.Dhandapani S.I.
2. The Divisional Manager
New India Assurance Co. Ltd.
rd
No.179, 3 Floor, Jawaharlal Nehru Street,
Puducherry
....Respondents/Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 to set aside the Decree and Judgment dated
24.08.2018 made in M.A.C.T.O.P.No.868 of 2017 on the file of the
Motor Accident Claims Tribunal, Additional Sub Judge, Puducherry and
be pleased to allow the appeal.
For Petitioner : Mr.T.Ananthasekar
For Respondent-1 : NA
For Respondent-2 : Mr.G.Anandan
Page No 1 of 8
C.M.A.No.3851 of 2019
JUDGMENT
The claimant is the appellant in this appeal. She has filed this
appeal for enhancement of compensation awarded by the tribunal in
M.A.C.T.O.P.No.868 of 2017.
2. By the impugned Judgement and decree, the tribunal has
awarded a sum of Rs.4,60,055/- as detailed below:-
S.No. Heads of Amount Awarded by
Compensation the Tribunal
1 Pain and Sufferings Rs.30,000/-
2 Medical Expenses Rs.3,62,555/-
3 Loss of Income Rs.22,500/-
4 Rich and nutritious Rs.25,000/-
food
5 Attender charges Rs.10,000/-
6 Transport expenses Rs.10,000/-
7 Permanent disability ---
Total Rs.4,60,055/-
3. The learned Counsel for the appellant/claimant submits that the
tribunal has awarded a very low amount towards pain and sufferings
considering the nature of injury suffered by the appellant/claimant and
has not awarded any amount towards injuries and towards loss of
Page No 2 of 8
C.M.A.No.3851 of 2019
amenities. The learned Counsel further submits that bulk of the amount
awarded by the tribunal towards medical expenses incurred amounting to
Rs.3,62,555/-. Therefore, he prays for enhancement of compensation.
4. Defending the impugned Judgement and decree, the learned
nd
Counsel for the 2 respondent/Insurance Companuy submits that the
tribunal has awarded a Just compensation and therefore, prays for
dismissal of the appeal and for confirmation of the award amount.
5. I have heard the arguments advanced by the learned counsels
nd
appearing for the petitioner as well as the 2 respondent/Insurance
Company and perused the exhibits which came to be marked by the
tribunal.
6. There is no dispute regarding nature of injuries suffered by the
appellant/claimant and the injuries are as under;
1. Head injury
2. Traumatic Brain injury
3.Multiple facial bone fracture
Page No 3 of 8
C.M.A.No.3851 of 2019
4. Subscutaneous hematoma
5. Laceration over occipital region
6.Multiple abrassion over face and left forearm
7. Sutured laceration just below both eyebrows
extending upto temporal regio.
8.Sutured laceration in chin on the right side
9. Sutured laceration in right frontal region.
10. TBI-Concussion
11. fracture of radios and ulna,
12 Fracture of Maxillary, Mandible
13. Frature of shoulder
14.Fracture of forehead
7. Even though there is no permanent disability due to the accident,
considering the nature of injuries suffered by the appellant/claimant and
the hardship she had undergone, I am inclined to award a sum of
Rs.50,000/- towards injuries suffered by the appellant/claimant and
enhance the amount awarded by the tribunal towards pain and sufferings
by another sum of Rs.20,000/-.
8. The tribunal has not awarded any amount towards loss of
amenities. Therefore, another sum of Rs.15,000/- is awarded towards
loss of amenities due to the injuries suffered by the appellant/claimant.
9. In the result, the total compensation awarded by the tribunal i.e.
Page No 4 of 8
C.M.A.No.3851 of 2019
Rs.4,60,055/- is enhanced as Rs.5,45,055/- (Rs.4,60,055/- + Rs.85,000/-)
as follows:-
S.No. Heads of Enhanced Award
Compensation Amout
1 Injuries Rs. 50,000/-
2 Loss of Amenities Rs. 15,000/-
3 Pain and Sufferings Rs. 50,000/-
4 Medical Expenses Rs.3,62,555/-
5 Loss of Income Rs. 22,500/-
6 Rich and nutritious Rs. 25,000/-
food
7 Attender charges Rs. 10,000/-
8 Transport expenses Rs. 10,000/-
Total Rs.5,45,055/-
nd
10. The 2 respondent/Insurance Company is therefore directed to
deposit the enhanced amount of compensation of Rs.5,45,055/- together
with interest at 7.5% per annum from the date of numbering of the claim
petition till the date of such deposit, except the period of delay in filing
this appeal, less any amount already deposited by it, within a period of six
weeks from the date of receipt of a copy of this Judgment.
nd
11. On such deposit being made by the 2 respondent/Insurance
Company, the appellant/claimant is permitted to withdraw the amount
together with interest accrued thereon, less any amount already
Page No 5 of 8
C.M.A.No.3851 of 2019
withdrawn, by filing appropriate application before the Tribunal.
12. It is noticed that this Civil Miscellaneous Appeal has been filed
belatedly with delay of 265 days. Therefore, no interest shall be paid on
the enhanced amount of compensation during the delay of 265 days
alone.
13. This Civil Miscellaneous Appeal stands Partly Allowed with
the above observations. No costs.
18.06.2021
(½)
ksa-2
Internet : Yes / No
Index : Yes/No
Page No 6 of 8
C.M.A.No.3851 of 2019
To:
1.The Motor Accident Claims Tribunal,
Additional Sub Judge, Puducherry
2.The V.R.Section,
Madras High Court, Madras.
Page No 7 of 8
C.M.A.No.3851 of 2019
C.SARAVANAN, J.
ksa-2
C.M.A.No.3851 of 2019
18.06.2021
(½)
Page No 8 of 8
