Madras High Court
Kunjammal vs Nagaraj on 19 November, 2021
CMA.No.1374 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
CMA.No.1374 of 2020
Kunjammal ..Appellant
Vs.
1.Nagaraj
2.Sivamalai
3.The National Insurance Co. Ltd.,
II – Floor, 81-D, North Car Street,
Tiruchengode Taluk, Namakkal District.
4.The National Insurance Co. Ltd.,
Branch Office at 73, Perundurai Road,
Erode – 638 011.
5.Alaguraj
6.Rajeswari
7.The United India Insurance Co. Ltd.,
146/N, IInd Floor, Kumar Complex,
Anna Salai, Tiruchengode Taluk,
Namakkal District.
8.The United India Insurance Co. Ltd.,
Branch at 1170, Muthiah Complex,
Mettur Road, Erode – 638 011. ..Respondents
1/7
https://www.mhc.tn.gov.in/judis
CMA.No.1374 of 2020
Prayer: Civil Miscellaneous Appeal filed under Section 173 of M.V.Act,
1988, against the judgment and decree dated 23.01.2020 made in
MACTOP.No.271 of 2018 on the file of the Motor Vehicle Accident Claims
Tribunal / Special Sub-ordinate Court, Erode.
For Appellant : Mr.T.S.Arthanareeswaran
For Respondents : Mr.D.Bhaskaran for R3 & R4
JUDGMENT
The claimant challenges the award made in MCOP.No.271 of
2018 and seeks enhancement of compensation.
2.According to the claimant, the accident occurred on 03.01.2018.
The claimant suffered grevious injuries and fracture in her zygomatic arch.
She claimed a sum of Rs.15,00,000/- as compensation.
3.The claim was resisted by the Insurance Company contending
that the claim of Rs.15,00,000/- as compensation is on the higher side, since
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CMA.No.1374 of 2020
the claimant had not suffered any permanent disability. It would further
contend that the compensation cannot be granted by adopting a multiplier
method also. Admittedly, the claimant was inpatient of 6 days in
Government Hospital and considering the injuries suffered, the Tribunal has
granted the award under the following heads:-
Headings Amount in Rs.
1) Loss of Earnings 24,000/-
2) Transport to Hospital 10,000/-
3) Extra nourishment 8,000/-
4) Attender Charges 5,000/-
5) Future Medical Expenses Nil
6) Damages for Clothes and Articles 2,000/-
7) Medical Expenses Nil
8) Pain and Sufferings 50,000/-
Permanent Disability & Loss of Earning 40,000/-
9)
Power
Total 1,39,000/-
4.Mr.T.SArthanareeswaran, learned counsel appearing for the
appellant would vehemently contend that the Tribunal erred in granting only
a sum of Rs.24,000/- towards loss of earning and not granting any amount
towards medical expenses or future medical expenses. He would also add
that the amount granted for permanent disability is also much less.
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CMA.No.1374 of 2020
5.Contending contra, Mr.D.Bhaskaran, learned counsel appearing
for the respondents 3 & 4 / Insurance Company would submit that
considering the nature of the injury and the fact that there is no disability,
the award granted by the Tribunal under various heads are slightly on the
higher side. However, since the Insurance Company has not preferred any
appeal, Mr.D.Bhaskaran would submit that the award can be confirmed. I
have considered the rival submissions.
6.A perusal of the award shows that the appellant has not suffered
any permanent disability. She was an inpatient only for a period of 6 days
that too, in a Government Hospital. She has not incurred any medical
expenses also. I have carefully examined the various heads under which the
Tribunal has awarded the compensation. I find that the award, on the face of
it, is very reasonable and there is no scope for enhancement of award on any
head in the absence of any permanent disability. The Tribunal was justified
in awarding only a sum of Rs.40,000/- for loss of earning. The Tribunal has
also awarded Rs.50,000/- towards pain and suffering for hospitalization for
a period of 6 days only. I therefore, do not find any scope for enhancement
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CMA.No.1374 of 2020
of the award amount.
7.Hence, this appeal fails and it is accordingly dismissed. No
costs. The claimant is permitted to withdraw the entire amount deposited by
the Insurance Company forthwith.
19.11.2021
kkn
Index:No
Internet:Yes
Speaking
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CMA.No.1374 of 2020
To:-
1.The Motor Accident Claims Tribunal,
Special Sub-ordinate Court, Erode.
2.The National Insurance Co. Ltd.,
II – Floor, 81-D, North Car Street,
Tiruchengode Taluk, Namakkal District.
3.The National Insurance Co. Ltd.,
Branch Office at 73, Perundurai Road,
Erode – 638 011.
4.The United India Insurance Co. Ltd.,
146/N, IInd Floor, Kumar Complex,
Anna Salai, Tiruchengode Taluk,
Namakkal District.
5.The United India Insurance Co. Ltd.,
Branch at 1170, Muthiah Complex,
Mettur Road, Erode – 638 011.
https://www.mhc.tn.gov.in/judis
CMA.No.1374 of 2020
R.SUBRAMANIAN, J.
KKN
CMA.No.1374 of 2020
19.11.2021
https://www.mhc.tn.gov.in/judis
