Arun Prasanth vs Srinivasan
2021 Latest Caselaw 12061 Mad

                                                                              C.M.A.(MD)No.534 of 2021


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 21.06.2021

                                                      CORAM

                             THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

                                             C.M.A.(MD)No.534 of 2021

                 Arun Prasanth
                 S/o.Vivekanandan                                    : Appellant/Petitioner
                                                         Vs.

                 1.Srinivasan,
                   S/o.Palani

                 2.The New India Assurance Company Limited,
                   Through its Branch Manager,
                   No.136, M.B.T. Road, Navalpur,
                   Ranipet-632 402                                  : Respondents/ Respondents

                 PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
                 Vehicles Act, 1988, to enhance the award amount in M.C.O.P.No.146 0f 2017
                 on the file of the Motor Accident Claims Tribunal, (Special Sub Judge)
                 (Dealing with M.C.O.P. Cases), Tirunelveli, dated 30.09.2020.

                                     For Appellant    : Mr.T.Selvakumaran

                                                  JUDGMENT

The Civil Miscellaneous Appeal is directed against the award passed in

M.C.O.P.No.146 0f 2017, dated 30.09.2020 on the file of the Motor Accident

Claims Tribunal/ Special Sub Judge, Tirunelvei.

https://www.mhc.tn.gov.in/judis/ C.M.A.(MD)No.534 of 2021

2.The appellant/claimant, who was awarded with compensation of Rs.

4,72,428/- with interest at 7.5% per annum for the disability suffered

consequent to an accident occurred on 12.01.2017, challenged the quantum of

compensation awarded at by the Tribunal and claimed enhancement of the

same.

3.The Tribunal, upon considering the evidence both oral and

documentary, has awarded a sum of Rs.4,72,428/- as compensation with

interest at 7.5% per annum.

4.The learned counsel for the appellant would submit that though the

disability was fixed at 27.7%, the injured has suffered a lot and he has to suffer

pain life long, that awarding of Rs.4,000/-, per percentage of disability is not

sufficient and that the Tribunal ought to have granted Rs.5,00,000/- for the

disability and sufferings.

5.It is evident from Ex.P.3 discharge summary that the injured was

treated as inpatient in MIOT International Hospital at Chennai for the period

between 12.01.2017 and 21.01.2017. P.W.2 (Doctor) in his evidence as well as

https://www.mhc.tn.gov.in/judis/ C.M.A.(MD)No.534 of 2021

in the Disability Certificate under Ex.P.9, has specifically stated that the

fractures suffered by the injured on his left leg was treated by closed I.M.

Nailing, that his fracture got united and that since he has difficulty in squatting

and that his left ring finger grip strength is reduced, he has fixed the partial

permanent disability at 27.7%. Considering the above, the Tribunal has rightly

awarded Rs.4,000/- per percentage of disability and granted Rs.1,10,800/- as

compensation for disability.

6.The learned counsel for the appellant would further submit that the

learned Tribunal ought to have awarded Rs.1,00,000/- for the loss of amenities;

Rs.50,000/- towards extra nourishment; Rs.15,000/- towards transportation;

Rs.25,000/- for attendant charges and Rs.1,00,000/- for pain and sufferings.

7.Considering the nature of injuries suffered and the consequent

disability and also the period of treatment, the learned Tribunal has rightly

awarded Rs.25,000/- towards pain and sufferings; Rs.25,000/- towards extra

nourishment; Rs.20,000/- towards loss of convenience; Rs.10,000/-towards

loss of income; Rs.5,000/-towards transportation and Rs.3,000/- towards

attendant charges, apart from granting medical expenses at Rs.2,73,623/- as per

the bills, totally at Rs.4,72,428/-. The amount awarded by the Tribunal under

https://www.mhc.tn.gov.in/judis/ C.M.A.(MD)No.534 of 2021

the various heads are reasonable and the same cannot be found fault with.

Hence, this Court decides that there is no infirmity in the impugned award and

the same is liable to be sustained. Consequently, this Court concludes that the

Civil Miscellaneous Appeal is devoid of merits and is liable to be dismissed.

8.In the result, the Civil Miscellaneous Appeal is dismissed. No Costs.

21.06.2021

Index : Yes/No Internet : Yes/No tta/das

To

1. The Motor Accident Claims Tribunal, (Special Sub Judge) (Dealing with M.C.O.P. Cases), Tirunelveli.

2.The Section Officer, (V.R. Section) Madurai Bench of Madras High Court, Madurai.

K.MURALI SHANKAR, J.

https://www.mhc.tn.gov.in/judis/ C.M.A.(MD)No.534 of 2021

tta/das

C.M.A.(MD).534 of 2021

21.06.2021

https://www.mhc.tn.gov.in/judis/