Madras High Court
S.Jayaveeran vs M.Chandra on 24 November, 2021
C.M.A.No.1387 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S. KANNAMMAL
C.M.A.No.1387 of 2018
S.Jayaveeran ... Appellant
Vs.
1.M.Chandra
2.The Divisional Manager
National Insurance Company Limited,
DO. No. 110, J.N.Street,
Puducherry-605001
... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 for enhancement of compensation in award and decree dated
08.02.2018 made in MCOP No.2990 of 2012 on the file of the Motor Accident
Claims Tribunal, II Additional Subordinate Court, Cuddalore.
1/8
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C.M.A.No.1387 of 2018
For Appellant : Mr.R.Sreedhar
For R1 : ex-parte
For R2 : M/s. R.Sree vidhya
JUDGMENT
The appellant challenges the award passed by the Motor Accident Claims
Tribunal, II Additional Subordinate Court, Cuddalore in MCOP No.2990 of 2012,
dated 08.02.2018.
2.The claimant has come up with this appeal seeking enhancement of
compensation for the injuries sustained by him in an road accident. On 06.11.2012
at 16 hours, the appellant Jayaveeran was riding his moped bearing Reg.No.PY-01-
E-7309 from south to north keeping extreme left opposite to Kamatchi Shanmugam
Matriculation School, Sivananthapuram, Cuddalore O.T. At that time, a Mahindra
Van bearing Reg.No.TN-21-Q-6249 driven by its driver in a rash and negligent
manner, dashed against the appellant/claimant. In the accident, the appellant
sustained grievous injuries all over the body. Alleging that the accident occurred
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C.M.A.No.1387 of 2018
only due to the rash and negligent driving of the driver of the Mahindra Van, the
appellant filed the claim petition before the Tribunal. Though he claimed
Rs.7,00,000/- as compensation, the Tribunal has awarded consolidated
compensation of Rs.27,000/- together with interest at 7.5% per annum.
3.The learned counsel appearing for the appellant would contend that since
the amount awarded by the Tribunal is meager, the claimant is entitled for higher
compensation. He would further contend that the Tribunal failed to consider the
fact that the appellant had suffered grievous injuries and admitted in the hospital for
4 days to take treatment for nasal bone injury. He would further submit that the
Tribunal erred in awarding a consolidated sum of Rs.27,000/- towards
Transportation, Nutrition, Attendant charges, Medical expenses, Loss of amenities
and Pain and Suffering. Hence, the appellant seeks for enhancement of
compensation.
4.Per contra, the learned counsel appearing for the 2nd respondent/Insurance
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C.M.A.No.1387 of 2018
Company submitted that the impugned Judgement and Decree awarding the
aforesaid compensation is well reasoned and it requires no interference and
therefore, this Civil Miscellaneous Appeal is liable to be dismissed.
5.This Court carefully considered the submissions of the learned counsel for
the appellant/claimant and the learned counsel appearing for the second
respondent/Insurance Company and perused the materials available on record.
6.It is not in dispute that the appellant sustained injury in an road accident
that had taken place on 06.11.2012. The finding of the Tribunal that the accident
occurred due to the negligence of the driver of the first respondent's Mahindra Van
has become final and hence, it need not be adverted to in the appeal.
7.Though the learned counsel appearing for the appellant/claimant has
contended that the award is meager and sought enhancement, on perusal of the
accident record, the appellant herein sustained laceration on left forehead 1x1 c.m.,
abrasion 0.5 x 0.5 c.m., left side neck and an injury on upper lips. The Tribunal, on
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C.M.A.No.1387 of 2018
proper appreciation of evidence of P.W.2-Doctor and Ex.P.2-Accident Register,
Ex.P.3-Discharge Summary, Ex.P4-Case Sheet and Ex.C.1-Disability Certificate,
has decided that the appellant/claimant is entitled to a consolidated compensation
of Rs.27,000/- together with interest at the rate of 7.5% per annum. I find no
reason to interfere with the conclusion reached by the Tribunal. This appeal has no
merit.
8. For the foregoing reasons, the Civil Miscellaneous Appeal fails and the
same is dismissed. No costs.
24.11.2021
Intex : Yes/No
Speaking order: Yes/No
vsn
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C.M.A.No.1387 of 2018
To
1.The Divisional Manager
National Insurance Company Limited,
DO. No. 110, J.N.Street,
Puducherry-605001.
2.V.R.Section,
Madras High Court,
Chennai.
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C.M.A.No.1387 of 2018
S. KANNAMMAL J.
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C.M.A.No.1387 of 2018
vsn
C.M.A.No.1387 of 2018
24.11.2021
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