Madras High Court
Najurdeen vs R. Ravi on 8 October, 2021
CMA.No.2924 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.10.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No. 2924 of 2021
Najurdeen ...Appellant
Vs.
1. R. Ravi
2. The Manager,
M/s. National Insurance Company Ltd,
West Car Street,
Chidambaram.
...Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 challenging the Judgment and decree dated
06.08.2019 made in M.C.O.P. No.67 of 2014 on the file of the Motor
Accident Claims Tribunal, Sub Judge, Chidambaram.
For Appellant : Mr. T. Gobinath
For Respondents : Mr.J. Chandran for R2
JUDGMENT
This appeal has been filed by the claimant seeking enhancement of
compensation under the impugned award dated 06.08.2019 passed by the
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CMA.No.2924 of 2021
Motor Accident Claims Tribunal, Sub Court at Chidambaram in MCOP
No.67 of 2014.
2. The appellant / claimant unsatisfied with the quantum of
compensation awarded by the Tribunal under the impugned award has
preferred this appeal seeking for enhancement.
3. The details of compensation awarded by the Tribunal under the
impugned award are as follows:
Heads Amount awarded
by the Tribunal
(Rs.)
Loss of income 19,500
Rs.6,500 x 3
Transportation 5,000
Extra nourishment 10,000
Medical expenses 2,500
Other expenses 5,000
Pain and sufferings 25,000
Partial disability at 20% 60,000
Total 1,27,000
4. Heard Mr.T. Gobinath, learned counsel for the appellant and
Mr.J.Chandran, learned counsel for the second respondent / Insurance
Company.
5. This Court has perused the materials and evidence available on
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CMA.No.2924 of 2021
record before the Tribunal.
6. The appellant / claimant sustained Tibia and Fibula fracture and
was hospitalised for a period of 15 days. The nature of injuries
sustained by the appellant / claimant as well as the period of his
hospitalisation has not been disputed by the respondents. The Doctor has
assessed the disability of the appellant / claimant at 20% and the Tribunal
has awarded a disability compensation of Rs.60,000/- calculated at
Rs.3,000/- per percentage of disability for the 20% disability suffered by
the appellant / claimant. After giving due consideration to the nature of
injuries sustained by the appellant / claimant and the period of his
hospitalisation as well as the year of the accident, which happened in the
year 2013, this Court is of the considered view that the disability
compensation assessed by the Tribunal at Rs.60,000/- is a correct
assessment and therefore, the same is confirmed by this Court.
7. Insofar as the compensation awarded by the Tribunal towards
loss of income during the period of the appellant / claimant's treatment
at Rs.19,500/- calculated at Rs.6,500/-p.m., for a period of three months
is concerned, the same will have to be enhanced as the notional monthly
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CMA.No.2924 of 2021
income of the appellant / claimant fixed at Rs.6,500/- by the Tribunal is
low and it has to be enhanced to Rs.10,000/-. Since the notional monthly
income is enhanced to Rs.10,000/-, the loss of income for the appellant /
claimant towards his treatment period is enhanced to Rs.30,000/-,
calculated at Rs.10,000/-p.m., for a period of three months.
8. The Tribunal has awarded a compensation of Rs.5,000/- towards
transportation; Rs.10,000/- towards extra nourishment; Rs.5,000/-
towards attender charges and Rs.25,000/- towards pain and suffering,
which in the considered view of this Court is low and it has to be
enhanced to Rs.10,000/-, Rs.20,000/-, Rs.15,000/- and Rs.40,000/-
respectively.
9. Insofar as the compensation awarded by the Tribunal towards
medical bills at Rs.2,500/- is concerned, the same are supported by bills
and only in accordance with the said bills the same was fixed by the
Tribunal and therefore, there is no scope for any enhancement under the
said head. This Court, therefore, confirms the compensation towards
medical bills at Rs.2,500/- as fixed by the Tribunal.
10. The Tribunal has erroneously failed to award any
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CMA.No.2924 of 2021
compensation towards amenities which the appellant / claimant is legally
entitled to. This Court therefore awards a compensation of Rs.10,000/-
towards loss of amenities to the appellant / claimant.
11. For the foregoing reasons, the award of the Tribunal is hereby
enhanced in the following manner :
Heads Amount awarded Amount awarded
by the Tribunal by this Court
(Rs.) (Rs.)
Loss of income 19500 30000
*Rs.6,500 x 3 * #
#Rs.10,000 x 3
Transportation 5000 10000
Extra nourishment 10000 20000
Medical bills 2500 2500
Other expenses 5000 15000
Pain and sufferings 25000 40000
Partial disability at 20% 60000 60000
Loss of amenities - 10000
Total 127000 187500
12. In the result, the appeal filed by the appellant / claimant,
stands partly allowed by enhancing the compensation from Rs.1,27,000/-
to Rs.1,87,500/-, as indicated above. No costs.
13. The second respondent / Insurance Company is directed to
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CMA.No.2924 of 2021
deposit the entire award amount as assessed by this Court together with
interest at 7.5% p.a. from the date of claim petition till the date of
realization, less the amount, if any, already deposited to the credit of
MCOP No. 67 of 2014 on the file of the Motor Accident Claims
Tribunal, Sub Judge, Chidambaram, within a period of four weeks from
the date of receipt of a copy of this Judgment. On such deposit being
made, the Tribunal is directed to transfer the award amount directly to
the bank account of the appellant / claimant through RTGS, within a
period of two weeks thereafter. Necessary Court fee, if any has to be
paid by the appellant / claimant before receiving the copy of this
Judgment.
08.10.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
ab/vsi2
To
1. The Sub Judge,
Motor Accident Claims Tribunal,
Chidambaram.
2. The Section Officer,
V.R. Section,
High Court, Madras.
ABDUL QUDDHOSE, J.
https://www.mhc.tn.gov.in/judis/
CMA.No.2924 of 2021
ab
CMA.No.2924 of 2021
08.10.2021
https://www.mhc.tn.gov.in/judis/
