Madras High Court
Manikandan vs The Chairman on 12 November, 2021
C.M.A.(MD)No.1188 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.11.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.1188 of 2014
and
C.M.P(MD)No.9058 of 2017
Manikandan ...Appellant/Claimant
Vs.
1.The Chairman,
Vins Christian Women's College of Engineering,
No.314-E2, K.P.Road,
Nagercoil – 629 001.
Kanyakumari District.
2.The Branch Manager,
The United India Insurance Co.Ltd.,
Xavier Building, 2nd Floor,
PWD Road, Nagercoil,
Kanyakumari District. ...Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, to call for the records pertaining to the judgment and decree
dated 24.02.2014 in M.C.O.P.No.1 of 2013 on the file of Motor Accidents
Claims Tribunal, II Additional District Judge, Tirunelveli and to set aside the
same, consequent to enhance the quantum of compensation from a sum of
Rs.5,00,000/- to a sum of Rs.8,00,000/-.
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.1188 of 2014
For Appellant :Mr.V.Sasikumar
For R1 :No Appearance
For R2 :Mr.J.S.Murali
ORDER
This Civil Miscellaneous Appeal has been filed by the
appellant/claimant to enhance the award amount passed in M.C.O.P.No.1 of
2013, dated 24.02.2014, on the file of the Motor Accident Claims Tribunal/II
Additional District Judge, Tirunelveli.
2.It is a case of accident. The claimant suffered injury. Hence, the
Tribunal has awarded a sum of Rs.5,00,000/- as compensation. Being
dissatisfied with the same, the claimant is on appeal before this Court.
3.The case of the claimant before the Tribunal is that on 05.11.2012 at
about 5.45 p.m., one Thiyagarajan rode a scooter bearing Registration
No.TN-69-E-5893 from Konam to Gurukulamsalai Ananthanbalm main road.
The appellant was a pillion rider. When the motorcycle was reaching in front
of the house of Chandrasekaran, a College Bus bearing Registration
No.TN-74-P-9409 driven by its driver in a rash and negligent manner hit
against the motorcycle and due to accident, the appellant has sustained
injuries and filed the claim petition in M.C.O.P.No.1 of 2013 on the file of
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.1188 of 2014
the Motor Accident Claims Tribunal/II Additional District Judge, Tirunelveli,
seeking compensation.
4.Before the Tribunal, on the side of the claimant six witnesses were
examined as P.W.1 to P.W.6 and fifteen documents were marked as Exs.P.1 to
P.15. On the side of the respondents herein, no one was examined and no
document was marked.
5.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments of the counsel for the claimant and the
respondents and also on appreciating the evidences on record, held that the
accident occurred only, due to the rash and negligent driving of the driver of
the bus and directed the respondents to pay a sum of Rs.5,00,000/- as
compensation. Against which, the appellant/claimant has filed this present
appeal to enhance the award of compensation passed by the Tribunal.
6.Heard Mr.V.Sasikumar, learned counsel appearing for the
appellant/claimant and Mr.J.S.Murali, learned counsel appearing for the
second respondent/insurance company. Perused the material documents
available on record.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.1188 of 2014
8.The second respondent/insurance company has not filed any appeal
against the award passed by the Tribunal.
9.Perusal of records shows that the claimant undertook treatment as
inpatient from 05.11.212 to 02.12.2012 for injuries sustained by him. The
Tribunal has fixed permanent disability as 55% and granted Rs.2,000/- for
1 % of his partial permanent disability. Since the accident occurred in the
year 2012, the amount is reasonable. It is seen from the records that the
claimant is a driver, because of treatment, he lost his one month salary. But
the Tribunal has not awarded the monthly salary. Before the Tribunal, the
Salary Certificate has been marked as Ex.P.5 and as per Salary Certificate, his
monthly salary was Rs.15,000/-. Hence, his monthly income of Rs.15,000/-
is awarded. It is seen from the records that the claimant had sustained
fractures in his right thigh and two fingers namely, index finger and ring
finger. But the Tribunal has awarded only Rs.20,000/- towards pain and
suffering. Considering the multiple fractures as well as the injuries sustained
by the petitioner, this Court is of the view that the claimant is entitled to
Rs.50,000/- towards pain and suffering.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.1188 of 2014
10.Now, the appellant is claiming enhancement of award of
compensation and it is also properly explained. Therefore, this Court
enhances the award to a further sum of Rs.45,000/- (Rupees Forty five
thousand only) towards monthly income and pain suffering and the present
Civil Miscellaneous Appeal can be allowed.
11.Finally, this Civil Miscellaneous Appeal is partly allowed. The
award amount of Rs.5,00,000/- (Rupees Five lakhs only) passed by the Motor
Accident Claims Tribunal/II Additional District Judge, Tirunelveli in
M.C.O.P.No.1 of 2013 , dated 24.02.2014, is hereby modified. In addition to
that, a sum of Rs.45,000/- is hereby awarded towards enhancement of
compensation [Rs.5,00,000/- + Rs.45,000/- = Rs.5,45,000/-] with interest at
the rate of 8% per annum from the date of petition, till the date of realization.
All the other terms of the award by the Tribunal is confirmed. No Costs.
Consequently connected miscellaneous petitio is closed.
Index :Yes/No 12.11.2021
Internet:Yes/No
vsd
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.1188 of 2014
S.ANANTHI, J.
vsd
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 Motor Accidents Claims Tribunal/
II Additional District Judge,
Tirunelveli.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
Order made in
C.M.A.(MD)No.1188 of 2014
and
C.M.P(MD)No.9058 of 2017
12.11.2021
https://www.mhc.tn.gov.in/judis
