Madras High Court
S.Saran Kumar vs P.Mugunathan on 30 June, 2021
C.M.A.No.1732 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.06.2021
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.1732 of 2016
S.Saran Kumar
Minor represented by
his father & n.f. S.Sundar Raj ... Appellant
..Vs..
1.P.Mugunathan
2.National Insurance Co. Ltd.,
Motor Third Party Claims Cell,
No.751, Anna Salai, Chennai – 600 002
Now functioning at :
National Insurance Co. Ltd.,
Motor Third Party Claims – Hub,
Regina Mansion, 3rd Floor,
No.46 Moore Street,
Chennai – 600 001. ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the Judgment and decree dated 21.01.2016
made in MACTOP.No.3931 of 2013 on the file of the Motor Accidents
1/8
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C.M.A.No.1732 of 2016
Claims Tribunal, Special Sub Court No.1 to deal with MCOP cases,
Chennai.
For Appellant : Ms.P.T.Salim Fathima
For R-2 : Mr.S.Vadivel
R1 – Exparte
JUDGMENT
(This Appeal has been taken up for hearing through Video Conferencing)
This Civil Miscellaneous Appeal has been filed by the claimant
seeking enhancement of compensation under the impugned award dated
21.01.2016 passed by the Special Sub Court No.1 to deal with MCOP
cases, Chennai in MCOP.No.3931 of 2013.
2. Heard Ms.P.T.Salimi Fathima, learned counsel for the
Appellant/claimant and Mr.S.Vadivel, learned counsel for the second
respondent / Insurance Company. The first respondent has remained exparte
both before the Tribunal as well as this Court.
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C.M.A.No.1732 of 2016
3. The Appellant/claimant unsatisfied with the quantum of
compensation awarded by the Tribunal has preferred this Appeal seeking for
enhancement. The details of the compensation awarded by the Tribunal to
the Appellant/claimant are as follows :
Heads Award Amount
(Rs.)
Medical expenses 1,600/-
Transport expensees 9,250/-
Extra nourishment 10,000/-
Attender charges 6,000/-
Compensation for disability 60,000/-
Damages for articles 500/-
Pain and Sufferings 30,000/-
Compensation for loss of future 30,000/-
amenities (and or loss of prospects
of marriage) and loss of expectation
of life
Total 1,47,350/-
4. The appellant/claimant has sustained the following injuries on
03.06.2013 as a result of an accident caused by the vehicle owned by the
first respondent and insured with the second respondent/insurance company.
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C.M.A.No.1732 of 2016
(a) Multiple compound and comminuted fracture
and degloving injury in right leg foot ankle and
above ankle.
(b) Severe injury in the skull
(c) Internal injury in chest and abdomen
(d) Multiple internal and external injuries all over the body.
5. The nature of the injuries sustained by the appellant / claimant has
not been disputed by the 2nd respondent / Insurance Company before the
Tribunal. The appellant / claimant was hospitalized between 03.06.2013
and 25.06.2013 and thereafter from 11.07.2013 to 15.07.2013. The period
of hospitalization, as seen from the discharge summary which has been
marked as Exs.P4 & P5 has also not been disputed by the 2 nd
respondent/Insurance Company. The doctor has assessed the disability of
the appellant/claimant at 25% and he has also been examined as P.W.4
before the Tribunal. However, the Tribunal has fixed the disability at 20%
on its own and has awarded a disability compensation of Rs.60,000/-,
calculated @ Rs.3000/- per percentage of disability for 20% disability
suffered by the appellant / claimant. This Court is of the considered view
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C.M.A.No.1732 of 2016
that the compensation awarded by the Tribunal under some of the heads are
low and it has to be enhanced.
6. For the foregoing reasons, the compensation towards medical
expenses has to be enhanced to Rs.2000/- from Rs.1600/-, transportation
expenses from Rs.9,250/- to Rs.10,000/-, extra nourishment from
Rs.10,000/- to Rs.20,000/-, Attender charges from Rs.6,000/- to
Rs.10,000/-, disability compensation at Rs.75,000/- calculated at Rs.3000/-
per percentage of disability for 25% disability as assessed by the doctor
instead of 20% assessed by the Tribunal, Rs.50,000/- towards Pain &
Sufferings instead of Rs.30,000/- and Rs.42,000/- towards loss of amenities
or loss of prospects of marriage and loss of expectation of life from
Rs.30,000/-. Accordingly, the compensation awarded by the Tribunal under
the impugned award is enhanced from Rs.1,47,350/- to Rs.2,09,500/- by
this Court.
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C.M.A.No.1732 of 2016
Heads Amount awarded Amount awarded
by the Tribunal by this Court
(Rs.) (Rs.)
Medical expenses 1,600/- 2,000/-
Transport expenses 9,250/- 10,000/-
Extra nourishment 10,000/- 20,000/-
Attender charges 6,000/- 10,000/-
Compensation for disability 60,000/- 75,000/-
Damages for articles 500/- 500/-
Pain and Sufferings 30,000/- 50,000/-
Compensation for loss of 30,000/- 42,000/-
future amenities (and or
loss of prospects of
marriage) and loss of
expectation of life
Total 1,47,350/- 2,09,500/-
Conclusion:
10. In the result, this appeal shall stand partly allowed. The Second
Respondent Insurance Company is directed to deposit the amount awarded
by this Court i.e. Rs.2,09,500/- together with interest at the rate of 7.5% per
annum from the date of claim till the date of deposit and costs, after
deducting the amount already deposited to the credit of MCOP.No.3931 of
2013 within a period of four weeks from the date of receipt of a copy of this
Judgment. On such deposit being made, the Tribunal is directed to deposit
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C.M.A.No.1732 of 2016
the award amount in any one of the Nationalised Banks, till the minor
appellant attains majority. The father of the minor Appellant is permitted to
withdraw the interest accrued once in six months. The requisite Court fee, if
any has to be paid by the Appellant before receiving the copy of this
Judgment. No costs.
30.06.2021
Index:Yes/No
Internet:Yes/No
Speaking/Non-speaking order
To
1.The Special Sub Court No.1
to deal with MCOP cases,
Motor Accidents Claims Tribunal,
Chennai
2.The Section Officer
V.R.Section, High Court,
Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1732 of 2016
ABDUL QUDDHOSE, J.
rgr
C.M.A.No.1732 of 2016
30.06.2021
https://www.mhc.tn.gov.in/judis/
