P.Ramesh Kumar vs Sri Jeyajothi & Co
2021 Latest Caselaw 5702 Mad

                                                                                 C.M.A.(MD).No.147 of 2021


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   Dated : 04.03.2021

                                                        CORAM:

                                   THE HONOURABLE MRS.JUSTICE J.NISHA BANU

                                               C.M.A.(MD).No.147 of 2021



                     P.Ramesh Kumar                              ...Appellant/Petitioner

                                                      Vs.

                     1.Sri Jeyajothi & Co.,
                       Sri Shanmugar Mills
                       Door No.70, Azhagar Nagar
                       Rajapalayam

                     2.The Branch Manager
                       Oriental Insurance Co.,Ltd.,
                       Door No.548, Tenkasi Road
                       Rajapalayam
                       Virudhunagar District                    ...Respondents/Respondents

                     Prayer:- Appeal filed under Section 173 of the Motor Vehicles Act, to set
                     aside the fair and decreetal order dated 03.05.2019 made in MCOP.No.44 of
                     2019 on the file of Motor Accident Claims Tribunal (Chief Judicial
                     Magistrate), Virudhunagar District at Srivilliputhur, insofar as it relates to
                     the quantum of compensation granted by the Tribunal and allow the appeal.


                                   For Appellant            : Mr.S.Sriniva Raghavan
                                   For R2                   : Mr.K.Bhaskar

                     1/6
https://www.mhc.tn.gov.in/judis/
                                                                               C.M.A.(MD).No.147 of 2021


                                                     JUDGMENT

This Civil Miscellaneous Appeal has been filed to set aside the

Judgment and Decree passed by the Motor Accident Claims Tribunal (Chief

Judicial Magistrate), Virudhunagar District at Srivilliputhur in MCOP.No.44

of 2019 dated 03.05.2019.

2.The learned counsel for the appellant would submit that due to

the accident, the appellant/claimant sustained grievous injuries and the

medical board assessed the disability at 75%, but the learned Judge without

any reason, has reduced the disability from 75% to that of 45% as functional

disability. The learned counsel would also state that a sum of Rs.5,000/-

towards transportation, Rs.10,000/- towards extra nourishment and

Rs.3,000/- towards damage to clothes and articles are very low and for the

disability of 75%, the pain and suffering would have been very high and the

learned Judge ought to have granted more compensation towards pain and

suffering in view of the injuries suffered by the appellant. He would also

state that in any event, the total compensation of Rs.12,59,900/- awarded by

the Tribunal is very low and sought for enhancement.

https://www.mhc.tn.gov.in/judis/ C.M.A.(MD).No.147 of 2021

3.Heard the learned counsel for the appellant as well as the

respondents.

4.Perusal of record shows that the appeal has been filed for

enhancement of compensation. The avocation of the appellant is not

disputed. The appellant is a Commercial Assistant in Tamil Nadu Electricity

Board and still he is continuing in service and therefore, on account of his

disability, the appellant did not suffer any loss of income. The learned

Judge by reducing the percentage of disability from 75% to 45%, in my

opinion, is not correct. In the Judgment relied on by the appellant there the

claimant resigned his job on account of disability. But, in the present case,

the appellant/claimant is still continuing his job and therefore, in my

opinion, the learned Judge ought not to have adopted multiplier method. If

disability compensation is given by taking into account of 75% as functional

disability, it will be only at Rs.2,25,000/- and therefore though in the other

heads, the compensations are very low, I am not inclined to interfere as the

compensation given under the head of disability is on the higher side. The

2nd respondent/Insurance Company has also not filed any appeal.

https://www.mhc.tn.gov.in/judis/ C.M.A.(MD).No.147 of 2021

5.The second respondent/Insurance Company is directed to

deposit the entire award amount, less the amount already deposited, if any,

along with interest at the rate of 7.5% per annum from the date of petition

till date of realisation to the credit of the claim petition, within a period of

six 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 any formal permission petition before the Tribunal. No costs.

6.In the result, this Civil Miscellaneous Appeal is dismissed. No

costs.

04.03.2021

Index : Yes/No Internet : Yes/No msa

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.

https://www.mhc.tn.gov.in/judis/ C.M.A.(MD).No.147 of 2021

To

1.The Motor Accident Claims Tribunal (Chief Judicial Magistrate), Virudhunagar District at Srivilliputhur,

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.147 of 2021

J.NISHA BANU, J.

msa

C.M.A.(MD).No.147 of 2021

04.03.2021

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