Madras High Court
Akilan Martin vs C.Murugesan on 4 March, 2021
C.M.A(MD)No.295 of 2019
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.295 of 2019
Akilan Martin ... Appellant
Vs.
1.C.Murugesan
2.The Branch Manager,
M/S.TATA AIG General Insurance Co.Ltd.,
No.4&5, North Block, AA Towers,
III-rd Floor, Bye Pass Road,
Madurai District. ...Respondents
PRAYER:- Appeal filed under Section 173 of the Motor Vehicles Act,
1988, to enhance the compensation amount in MCOP.No.715 of 2015 on
the file of the Motor Accident Claims Tribunal/Special Sub Judge,
Madurai.
For appellant : Mr.K.Kuamaravel
For R2 : Mr.B.Vijay Karthikeyan
R1-Exparte
JUDGMENT
Seeking enhancement of the award amount, the claimant has filed
this appeal.
https://www.mhc.tn.gov.in/judis/
C.M.A(MD)No.295 of 2019
2.The learned counsel appearing for the appellant would state that
the appellant has sustained grievous injuries on hip bone, right knee, foot
and the legs and he took treatment between 23.07.2016 to 15.08.2016
and taking treatment till date as out patient. He would further state that
the appellant is a second year Engineering student and due to the injuries,
he was not able to attend the college for the year 2014-2015 and he has to
attend the said class in the next year and he has paid fees once again. It
is further stated that due to lack of attendance, for the year 2014-2015, he
could not attend the campus interview which was conducted in the
college. If he had not been sustained injuries in the accident, he would
have participated in the interview and would have got placement. Thus,
he would pray for enhancement of the compensation.
3.The learned counsel appearing for the second
respondent/Insurance Company strenuously submitted that the award of
the Tribunal is just and reasonable and the same does not require
interference by this Court.
4.Heard the learned counsel for the appellant as well as the second
respondent.
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C.M.A(MD)No.295 of 2019
5.The accident is of the year 2014. At the time of accident, the
claimant was aged about 19 years and was second year Engineering
student. The above appeal has been filed questioning the quantum. It is
not in dispute that the appellant / claimant was not able to attend college
for a year and he would state that because of non-attending the college,
he was not able to participate in the interview for getting placement and
on account of the same, his pain and suffering cannot be compensated, as
he has lost an opportunity of placement and he had also suffered
monetary loss on account of repaying the fees and therefore, I am inclined
to increase the award under the head, 'Pain and Suffering' from Rs.
40,000/- to Rs.80,000/- and under the head, 'Loss of amenities', the
Tribunal has not awarded any amount and therefore, a sum of Rs.10,000/-
is awarded.
6.Except the above modification, the compensation under other
heads are not interfered with. Accordingly, the award passed by the
Tribunal is enhanced from Rs.89,000/- to Rs.1,29,000/-. The compensation
is modified and apportioned as hereunder:
Pain and Sufferings Rs. 80,000/-
Nutrition Rs. 10,000/-
Attendant Charges Rs. 10,000/-
Damages to clothes Rs. 2,000/-
Travel Expenses Rs. 2,000/-
Loss of Amenities Rs. 10,000/-
Medical Expenses Rs. 15,000/-
Total enhanced Compensation Rs.1,29,000/-
https://www.mhc.tn.gov.in/judis/
C.M.A(MD)No.295 of 2019
7.In the result, the appellant is entitled to modified compensation of
Rs.1,29,000/- with interest @ 7.5% p.a., from the date of petition till the
date of deposit. The 2nd respondent / Insurance Company is directed to
deposit the above modified award amount with accrued interest and costs,
less the amount already deposited, 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 same without filing formal
permission petition before the Tribunal. The claimant is directed to pay
necessary Court fee, if any, for the enhanced amount within a period of
two weeks from the date of receipt of a copy of this judgment.
8.This Civil Miscellaneous Appeal is partly allowed, accordingly . No
costs.
04.03.2021
Index :Yes/No
Internet :Yes/No
gns
https://www.mhc.tn.gov.in/judis/
C.M.A(MD)No.295 of 2019
To
1.The Motor Accident Claims Tribunal/Special Sub Judge,
Madurai.
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.295 of 2019
J.NISHA BANU,J.
gns/MPK
C.M.A(MD)No.295 of 2019
04.03.2021
https://www.mhc.tn.gov.in/judis/
