Madras High Court
S.Maharaja vs D.Asithar on 21 June, 2021
C.M.A(MD)No.299 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.06.2021
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.M.A(MD)No.299 of 2021
S.Maharaja ... Appellant
Vs.
1.D.Asithar
2.The Oriental Insurance Company Limited,
Through its Branch Manager,
Branch Office, D.No.43 & 44,
Main Road, Valliyoor,
Radhapuram Taluk,
Tirunelveli District. ... Respondents
PRAYER:- Appeal filed under Section 173 of the Motor Vehicles Act,
1988, to set aside the fair and decreetal order in MCOP.No.263 of 2017,
dated 31.10.2019 on the file of the Chief Judicial Magistrate/Motor
Vehicle Accidents Claim Tribunal, Tirunelveli.
For appellant : Mr.I.Pinaygash
For R2 : Mr.K.Bhaskar
1/8
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C.M.A(MD)No.299 of 2021
JUDGMENT
This matter is listed today under the caption, 'for clarification.'
2.This Civil Miscellaneous Appeal has been filed by the claimant,
against fair and decreetal order made in M.C.O.P.No.263 of 2017, dated
31.10.2019, passed by the learned Chief Judicial Magistrate/Motor
Vehicle Accidents Claim Tribunal, Tirunelveli.
3.The short facts of the case are as follows:
The claimant has filed a claim petition in M.C.O.P.No.263 of 2017,
claiming a compensation of Rs.10,00,000/- by stating that on
08.01.2017, at about 16.00 hrs, while he was walking at the left side of
the road at Trivandrum Road, Murugankurichi, Palayamkottai, opposite
to Vasanth & Co., at that time, the vehicle, viz., Maruti Omni, bearing
Registration No.TN-72-BA 0050, belonging to the first respondent,
insured with the 2nd respondent Insurance Company, came in a rash
and negligent manner and dashed against the claimant. Due to the
impact of the accident, the claimant sustained grievous injuries all over
the body. Immediately he was admitted in Rhock Hospital, Tirunelveli
and took treatment as inpatient from 08.01.2017 to 13.01.2017 and
thereafter, he was taking treatment as outpatient.
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C.M.A(MD)No.299 of 2021
4.The learned counsel appearing for the appellant would state
that the appellant/claimant sustained injuries in the right leg and right
hand, due to which, he is not able to lift objects through the right hand
and could not stand long time. The claimant took treatment for four
days and incurred expenses towards medical bills, attender charges,
but the Tribunal erred by holding that no Doctor was examined to
prove the nature of injury and no surgery was performed, has awarded
a consolidated sum of Rs.25,000/- as compensation. According to the
learned counsel for the appellant, without even considering the pain
and suffering undergone by the appellant, due to the injuries and
mental agony and such other aspects, the Tribunal has awarded a
meagre sum of Rs.25,000/- as compensation. Despite the marking of
medical bills, discharge summary and X-ray, the Tribunal did not
consider the same on the ground that the bills dot not have the
signatures of Medical Superintendent and awarded meagre amount of
compensation. Learned counsel for the petitioner would submit that
since the bills are computer generated bills, the signatures not found.
Now he had produced the medical bills duly signed by the Medical
Superintendent. Thus, he would pray that the award of the Tribunal
requires enhancement.
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C.M.A(MD)No.299 of 2021
5.The learned counsel for the second respondent would state that
the Tribunal, considering the fact that no Doctor was examined to
prove the injuries, has rightly awarded consolidated compensation of
Rs.25,000/-, which does not require interference by this Court.
6.Heard the learned counsel for the appellant as well as the
learned counsel for the second respondent.
7.Perusal of the wound certificate filed by the appellant in the
additional typed-set of papers shows that the appellant has sustained
following injuries:
1.Swelling and Tenderness over the right arm
2.Deformity over right arm
3.He was not able to external right wrist.
4.Shaft the of right Humerus bone was fractured
5.As per the wound certificate dated 20.01.2017 the said injuries
are grievous in nature.
8. It is seen that the Tribunal awarded lumpsum amount of Rs.
25,000/-, under the heads of wound, pain and suffering, transportation,
special diet, attendant, loss of income during and after treatment. The
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C.M.A(MD)No.299 of 2021
amount awarded by the Tribunal is not just and adequate, in this
considered opinion of this Court and therefore, it requires
enhancement.
9.Perusal of records shows that the claimant claimed that at the
time of accident, the claimant was aged 35 years and earned Rs.
10,000/- per month by selling used cars and as Insurance Agent. Due
to the injuries, he took treatment in Rhock Hospital, Tirunelveli as
inpatient from 08.01.2017 to 13.01.2017. The claimant has filed the
medical bills issued by the said hospital, enclosed at page 1 of the
typed-set of papers, which shows that he has incurred a sum of Rs.
93,448/- towards medical bills, but the Tribunal has not awarded any
amount for medical expenses. The certificate issued by the hospital
shows that wound is grievous in nature and therefore, the certificate
coupled with the medical bills goes to prove that the petitioner had
underwent treatment in the Rhock Hospital at Tirunelveli from
08.01.2017 to 13.01.2017, which is endorsed by the Hospital
Authorities and therefore, relying upon the Doctor Certificate and the
Medical Bills, this Court is inclined to Award a sum of Rs.93,448/-
towards medical expenses. Therefore, relying upon the above medical
bills, this Court is inclined to award Rs.93,448/- towards medical
expenses. The claimant would state that due to the injuries, he was not
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C.M.A(MD)No.299 of 2021
able to do his avocation for three months. The claimant claimed that he
earned Rs.10,000/- through his avocation for which, he did not file any
proof. The Tribunal has awarded a lumpsump compensation of Rs.
25,000/- and therefore, I am not inclined to grant any compensation
under the head of loss of income.
10.In the result, a sum of Rs.93,448/- is awarded over and above
the compensation of Rs.25,000/- awarded by the Tribunal. Thus, the
compensation is calculated as follows:
Total award granted by the TribunalRs. 25,000/-
Medical expenses Rs. 93,448/-
Total Rs.1,18,448/-
11.The 2nd respondent / Insurance Company is directed to deposit
the modified compensation of Rs.1,18,448/- with 7.5% interest per
annum from the date of petition till the date of deposit, less the amount
already deposited, if any, within a period of four weeks from the date of
receipt of a copy of this judgment. On such deposit, the
appellant/claimant is permitted to withdraw the same without filing
formal permission petition before the Tribunal. The claimant is directed
to pay necessary Court fee, for the enhanced amount within a period of
two weeks from the date of receipt of a copy of this judgment.
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C.M.A(MD)No.299 of 2021
12.Accordingly, this Civil Miscellaneous Appeal is partly allowed.
No costs.
21.06.2021
Index :Yes/No
Internet :Yes/No
gns/ MPK
NOTE: In view of the present lock down owing to COVID-19 pandemic,
a web copy of the order may be utilized for official purposes, but,
ensuring that the copy of the order that is presented is the correct
copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Chief Judicial Magistrate/
Motor Vehicle Accidents Claim Tribunal,
Tirunelveli.
2.The Record Keeper,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
C.M.A(MD)No.299 of 2021
J.NISHA BANU, J.
gns/MPK
C.M.A(MD)No.299 of 2021
21.06.2021
https://www.mhc.tn.gov.in/judis/
