Patchaiappan vs Senthamiz Selvan
2021 Latest Caselaw 11938 Mad

Citation : 2021 Latest Caselaw 11938 Mad
Judgement Date : 18 June, 2021

Madras High Court

Patchaiappan vs Senthamiz Selvan on 18 June, 2021

                                                                C.M.A.No.3846 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.3846 of 2019

Patchaiappan
S/o.Kathamuthu
                                            ... 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.867 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 6
                                                               C.M.A.No.3846 of 2019
                                    JUDGMENT

The claimant is the appellant in this appeal. He has filed this appeal

for enhancement of compensation awarded by the tribunal by its

impugned Judgement and decree dated 24.08.2018 in M.A.C.T.O.P

NO.867 of 2017.

2. The appellant/claimant has been awarded a total sum of

Rs.4,71,072/- as compensation as detailed below:-

S.No. Heads of Amount Awarded by Compensation the Tribunal 1 Pain and Sufferings Rs.60,000/- 2 Medical Expenses Rs.3,06,072/-

     3                       Loss of Income                               ---
     4                       Rich    and   nutritious           Rs.25,000/-
                             food
     5                       Attender charges                   Rs.10,000/-
     6                       Transport expenses                 Rs.10,000/-
     7                       Permanent disability               Rs.60,000/-
                                                Total          Rs.4,71,072/-

3. The learned Counsel for the appellant/claimant submits that the

tribunal ought to have awarded slightly higher compensation towards

attender charges, transportation expenses, permanent disability and ought

to have awarded amount towards loss of amenities. He further submits

_________ Page No 2 of 6 C.M.A.No.3846 of 2019 that out of Rs.4,71,072/-, the major junk of the compensation towards

medical expenses which is Rs.3,06,372/-. Therefore, the tribunal ought to

have considered and awarded amount towards future expenses.

4. Defending the impugned Judgment and decree, the learned

Counsel for the 2 respondent/Insurance Company submits that the

tribunal has awarded Just compensation and therefore, the award amount

may be confirmed by dismissing the appeal.

5. I have heard the arguments advanced by the learned counsels

appearing for the petitioner as well as the 2 respondent/Insurance

Company and perused the exhibits which came to be marked before the

tribunal.

6. In my view, the tribunal has by and large awarded a Just

compensation to the appellant/claimant. However, there shall be a partial

enhancement of the compensation towards attender charges and

transportation charges by a total sum of Rs.10,000/- (Rs.5,000/- each).

_________ Page No 3 of 6 C.M.A.No.3846 of 2019

7. Similarly, towards permanent disability i.e. Injury, a further sum

of Rs.20,000/- is awarded and a further sum of Rs.20,000/- towards loss

of amenities is awarded considering the nature of injuries suffered by the

appellant/claimant. The amount of expenses incurred by the appellant

towards medical treatment amounting to Rs.3,06,072/- is confirmed.

8. In the result, the award amount is enhanced by a sum of

Rs.50,000/- as follows:-

S.No. Heads of Amount Awarded by Compensation the Tribunal 1 Pain and Sufferings Rs.60,000/- 2 Medical Expenses Rs.3,06,072/- 4 Rich and nutritious Rs.25,000/-

food 5 Attender charges Rs.15,000/-

6 Transport expenses Rs.15,000/- 7 Permanent disability Rs.80,000/- 8 Loss of amenities Rs.20,000/-

                                              Total         Rs.5,21,072/-




                    nd

9. The 2 respondent/Insurance Company is therefore directed to

deposit the enhanced amount of compensation of Rs.5,21,072/- together

_________ Page No 4 of 6 C.M.A.No.3846 of 2019 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.

10. 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

withdrawn, by filing appropriate application before the Tribunal.

11. 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.

12.This Civil Miscellaneous Appeal stands Partly Allowed with the

above observations. No costs.

18.06.2021 (2/2) ksa-2 Internet : Yes / No Index : Yes/No Speaking Order/Non-speaking Order _________ Page No 5 of 6 C.M.A.No.3846 of 2019

C.SARAVANAN, J.