Madras High Court
Saravanan vs M.Hanif Khan on 7 October, 2021
C.M.A.No.1696 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No.1696 of 2020
Saravanan .. Appellant
Vs.
1. M.Hanif Khan
2. The Divisional Manager,
United India Insurance Co.Ltd.,
Third Party Service Hub, Plot No.35, 36, 37,
A.R.Plaza, 45 Feet Road,
Balaji Nagar Extension,
Saram, Puducherry 605 011. .. Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 seeking to set aside the Judgment and Decree dated
23.07.2020, made in M.C.O.P.No.2400 of 2016, on the file of the Motor
Accidents Claims Tribunal, I Additional Subordinate Court, Cuddalore by
enhancing the award amount.
For Appellant : Mrs.Ramya V.Rao
For Respondent 2 : Mr.S.Arunkumar
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JUDGMENT
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C.M.A.No.1696 of 2020
(The case has been heard through video conference)
This appeal has been filed by the claimant seeking enhancement of
compensation under the impugned Award dated 23.07.2020, passed by the
Motor Accidents Claims Tribunal, I Additional Subordinate Court,
Cuddalore in M.C.O.P.No.2400 of 2016.
2. The appellant not satisfied with the quantum of compensation
awarded by the Tribunal has preferred this appeal seeking for enhancement.
The Tribunal under the impugned award has awarded a lump sum
compensation of Rs.40,000/- to the appellant/claimant for the following
injuries sustained by him:
(a) Blunt trauma abdomen/Hem peritoneum,
(b) Traumatic brain injury sequel S/P Decompressive Craniotomy,
(c) Fracture right clavicle and
(d) Fracture of right tibia.
3. The Medical Board after examination of the appellant/claimant has
issued a certificate confirming that the appellant/claimant has not suffered
any disability. Admittedly, the appellant/claimant has been hospitalized for
seven days, which is not disputed by the second respondent as seen from the
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C.M.A.No.1696 of 2020
evidence available on record. After giving due consideration to the report
submitted by the Medical Board, the Tribunal has awarded compensation of
Rs.40,000/-. Since the appellant/claimant was hospitalized for a period of
seven days and having sustained abdominal injury, this Court is of the
considered view that the compensation will have to be enhanced by
awarding another sum of Rs.20,000/-. Accordingly, the compensation
awarded by the Tribunal is enhanced to Rs.60,000/- by this Court.
4. In the result, the Civil Miscellaneous Appeal is partly allowed and
the compensation of Rs.40,000/- awarded by the Tribunal is hereby
enhanced to Rs.60,000/- together with interest at the rate of 7.5% per annum
from the date of claim petition till the date of deposit. The second respondent
/ insurance company is directed to deposit the enhanced award amount now
determined by this Court along with interest and costs, less the amount
already deposited, if any, within a period of four weeks from the date of
receipt of a copy of this judgment to the credit of M.C.O.P.No.2400 of 2016,
on the file of the Motor Accident Claims Tribunal, I Additional Subordinate
Court, Cuddalore. On such deposit, the appellant/claimant is permitted to
withdraw the award amount now determined by this Court, along with
interest and costs, less the amount, if any, already withdrawn by making
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C.M.A.No.1696 of 2020
necessary application before the Tribunal. The appellant/claimant is directed
to pay necessary Court fee, if any, on the enhanced compensation now
determined by this Court. No costs.
07.10.2021
Index : Yes / No
kk
To
1. The Motor Accident Claims Tribunal,
I Additional Subordinate Court, Cuddalore.
2. The Section Officer,
VR Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1696 of 2020
ABDUL QUDDHOSE, J.
kk
C.M.A.No.1696 of 2020
07.10.2021
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