Madras High Court
Abdul Ajees vs G.D.Balakrishnan on 30 November, 2021
C.M.A.(MD)No.769 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.11.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.769 of 2018
Abdul Ajees ...Appellant/Petitioner
Vs.
1.G.D.Balakrishnan
2.The Branch Manager,
ICICI Lamboard General Insurance Company Ltd.,
No.6, United Arcade,
3rd Floor, Karur Bye Pass,
Annamalai Nagar,
Trichy. ...Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, to modify the judgment and decree, dated 15.06.2017 made in
MCOP.No.53 of 2015 on the file of the Motor Accidents Claims Tribunal,
Chief Judicial Magistrate, Thanjavur at Kumbakonam.
For Appellant :Mr.S.Sivathilakar
For R1 :No Appearance
For R2 :Mr.K.K.Ramakrishnan
1/7
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.769 of 2018
JUDGMENT
The appellant is the claimant in M.C.O.P.No.53 of 2015 on the file of
the Motor Accidents Claims Tribunal, Chief Judicial Magistrate, Thanjavur at
Kumbakonam. He filed the claim petition under Section 166 of the Motor
Vehicles Act, 1988 seeking compensation of Rs.3,00,000/- for the injuries
sustained by him in a road accident on 14.12.2010.
2. The case of the claimant, in nutshell, is as follows:
On 14.12.2010 at about 10.00 a.m. when the claimant was riding
his bicycle from northern direction to southern direction in main road,
Thippirajapuram, at that time, the Tempo traveller van, bearing Registration
No.TN-50-A-2218, which was coming from same direction driven by its
driver in a rash and negligent manner hit against the back side of the bicycle.
Due to the said accident, the petitioner has sustained grievous injuries.
3.The claimant has filed the claim petition in M.C.O.P.No.53 of 2015
on the file of the Motor Accidents Claims Tribunal/Chief Judicial Magistrate,
Thanjavur at Kumbakonam, seeking compensation of Rs.3,00,000/-.
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C.M.A.(MD)No.769 of 2018
3.Before the Tribunal, on the side of the claimant two witnesses were
examined as P.W.1 and P.W.2 and eight documents were marked as Exs.P.1
to P.8. On the side of the respondents herein, two witnesses were examined
as R.W.1 and R.W.2. and one document was marked as Ex.R.1.
4.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 first respondent and directed the second respondent to pay a sum of
Rs.1,41,000/- as compensation. Aggrieved over the orders passed by the
Tribunal, the claimant has filed the present appeal under Section 173 of the
Motor Vehicles Act, 1988.
5.Heard Mr.S.Siva Thilakar, learned counsel appearing for the
appellant/claimant and Mr.K.K.Ramakrishnan, learned counsel appearing for
the second respondent/insurance company. Perused the material documents
available on record.
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C.M.A.(MD)No.769 of 2018
6.The learned counsel for the appellant contended that the tribunal has
failed to award proper compensation with regard to pain and suffering,
nutrition and loss of income. Hence, the award passed by the Motor
Accidents Claims Tribunal is liable to be modified.
7.The second respondent/insurance company has not filed any appeal
against the award passed by the Tribunal.
8.Perusal of records shows that the claimant undertook treatment as
inpatient from 14.12.2010 to 23.12.2010 for injuries sustained by him. The
Tribunal has fixed permanent disability as 30% and granted Rs.3,000/- for
1 % of his partial permanent disability. Since the accident had occurred in the
year 2010, the amount is reasonable. It is seen from the records that because
of the injuries sustained, the claimant cannot work as previous stage and he
lost his salary, but the Tribunal has awarded only Rs.9,000/- towards loss of
income. Hence, this Court awarded Rs.30,000/-. towards loss of income. It
is seen from the records that the claimant had sustained injury in the eye and
forehead, but the Tribunal has awarded only Rs.20,000/- towards pain and
sufferings. Hence, this Court awarded Rs.30,000/- towards pain and
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C.M.A.(MD)No.769 of 2018
sufferings and also awarded Rs.10,000/- for nutrition and awarded Rs.5,000/-
for attendant charges.
9.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.39,000/- (Rupees Thirty nine
thousand only) and the present Civil Miscellaneous Appeal can be allowed.
10. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed. No costs.
(ii) The quantum of compensation awarded by the Tribunal is enhanced
from Rs.1,41,000/- to Rs.1,80,000/-.
(iii) The second respondent/ Insurance Company is directed to deposit
the enhanced compensation amount i.e., Rs.1,80,000/- (Rupees One lakh
eight thousand only), less the amount already deposited, together with
interest at the rate of 7.5% per annum from the date of claim petition till the
date of deposit to the credit of MCOP.No.53 of 2015 on the file of the Motor
Accidents Claims Tribunal/Chief Judicial Magistrate, Thanjavur at
Kumbakonam, within a period of four weeks from the date of receipt of a
copy of this order.
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C.M.A.(MD)No.769 of 2018
(v) On such deposit being made, the appellant / claimant is entitled to
withdraw the same by filing necessary application before the Tribunal.
30.11.2021
Index :Yes/No
Internet:Yes/No
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 and
Chief Judicial Magistrate,
Thanjavur at Kumbakonam.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.769 of 2018
S.ANANTHI, J.
vsd
Judgment made in
C.M.A.(MD)No.769 of 2018
30.11.2021
https://www.mhc.tn.gov.in/judis
