Madras High Court
Tamilselvan vs M/S.Aravind Petroleums on 27 October, 2021
C.M.A.No.1888 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No.1888 of 2021
and C.M.P.No.10199 of 2021
Tamilselvan .. Appellant
Vs.
1. M/s.Aravind Petroleums,
Having office at No.86/99,
Varadha Muthiappan Street,
Chennai - 600 001.
2. United India Insurance Company Limited,
Having office at No.153, J.N.Road,
Near Shanthi Kalyana Mandapam & Railway Station,
Thiruvallur -602 001. .. Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 seeking to set aside the judgement and decree dated
28.09.2020, made in M.C.O.P.No.210 of 2019, on the file of the Motor
Accidents Claims Tribunal, Special Sub Court, Thiruvallur.
For Appellant : Mr.M.Sivakumar
For Respondent 2 : Mr.M.J.Vijayaraghavan
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C.M.A.No.1888 of 2021
JUDGMENT
(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 28.09.2020, passed by the
Motor Accidents Claims Tribunal, Special Sub Court, Thiruvallur in
M.C.O.P.No.210 of 2019.
2. The appellant/claimant not satisfied with the quantum of
compensation awarded by the Tribunal has preferred this appeal seeking for
enhancement. The details of the compensation awarded by the Tribunal
under the impugned Award are as follows:
Sl.No. Heads Amount in Rs.
1. Loss of income 72,000
2. Physical disability 2,10,000
3. Medical Bills 5,000
4. Transport expenses 5,000
5. Extra nourishment 10,000
6. Damage to clothing and articles 1,000
7. Pain and sufferings 40,000
8. Attender charges 5,000
9. Loss of happiness and amenities 50,000
Total 3,98,000
C.M.A.No.1888 of 2021
3. The appellant/claimant sustained the following injuries on
10.05.2019, as a result of the accident caused by the vehicle insured with the
second respondent:
"1. Fracture of right hand,
2. Severe bleeding injuries (sutured) on the
right knee & right foot, and
3. Severe bleeding injuries (sutured) on the
fore head and right index finger."
4. The nature of injuries sustained by the appellant/claimant and the
cause of the accident has not been disputed by the respondents. The
Medical Board has assessed the disability of the appellant/claimant at 60 %,
which has been accepted by the Tribunal, however the Tribunal has awarded
disability compensation at Rs.2,10,000/- to the appellant/claimant calculated
at the rate of Rs.3,500/- per percentage of disability of the 60% disability
suffered by the appellant/claimant. This Court is of the considered view that
the Tribunal has not taken into consideration the year of the accident before
assessing the disability compensation. If the year of the accident was taken
into consideration, the appellant/claimant would have got higher
compensation towards his disability. This Court after giving due
consideration to the year of the accident reassess the disability compensation
C.M.A.No.1888 of 2021
at Rs.3,00,000/- calculated at the rate of Rs.5,000/- per percentage of
disability of 60% instead of Rs.2,10,000/- erroneously assessed by the
Tribunal at Rs.3,500/- per percentage of disability.
5. The Tribunal has awarded compensation of Rs.72,000/- for loss of
earning calculated at Rs.9,000/- p.m for 8 months, Rs.5,000/- towards
medical expenses, Rs.5,000/- towards attender charges, Rs.40,000/- towards
pain and sufferings, Rs.10,000/- towards extra nourishment, Rs.5,000/-
towards transportation, Rs.50,000/- towards loss of amenities, Rs.1,000/-
towards cloth damages, which cannot be considered to be inadequate as
alleged by the appellant/claimant and the same is confirmed by this Court.
6. For the foregoing reasons, the compensation awarded by the
Tribunal under the impugned Award is enhanced to Rs.4,88,000/- instead of
Rs.3,98,000/- awarded by the Tribunal. The details of the compensation now
awarded by this Court is detailed hereunder:
Sl. Description Amount Amount Award confirmed
No. awarded by awarded by or enhanced or set
the Tribunal this Court aside or granted or
(Rs.) (Rs.) reduced
(Rs.)
1. Loss of income 72,000 72,000 Confirmed
2. Physical disability 2,10,000 3,00,000 Enhanced
C.M.A.No.1888 of 2021
Sl. Description Amount Amount Award confirmed
No. awarded by awarded by or enhanced or set
the Tribunal this Court aside or granted or
(Rs.) (Rs.) reduced
(Rs.)
3. Medical Bills 5,000 5,000 Confirmed
4. Transport expenses 5,000 5,000 Confirmed
5. Extra nourishment 10,000 10,000 Confirmed
6. Damage to clothing and articles 1,000 1,000 Confirmed
7. Pain and sufferings 40,000 40,000 Confirmed
8. Attender charges 5,000 5,000 Confirmed
9. Loss of happiness and amenities 50,000 50,000 Confirmed
Enhanced by
Total 3,98,000 4,88,000
Rs.90,000/-
7. In the result, the Civil Miscellaneous Appeal is partly allowed and
the compensation of Rs.3,98,000/- awarded by the Tribunal is hereby
enhanced to Rs.4,88,000/- 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.210 of
2019, on the file of the Motor Accidents Claims Tribunal, Special Sub Court,
Thiruvallur. On such deposit, the appellant/claimant is permitted to withdraw
the award amount now determined by this Court, along with interest and
C.M.A.No.1888 of 2021
costs, less the amount, if any, already withdrawn by making necessary
applications before the Tribunal. The appellant/claimant is directed to pay
necessary Court fee, if any, on the enhanced compensation now determined
by this Court. Consequently, the connected miscellaneous petition is closed.
No costs.
27.10.2021
Index : Yes / No
kk
To
1. The Motor Accidents Claims Tribunal,
Special Sub Court, Thiruvallur.
2. The Section Officer,
VR Section, High Court, Madras.
C.M.A.No.1888 of 2021
ABDUL QUDDHOSE, J.
kk
C.M.A.No.1888 of 2021
and C.M.P.No.10199 of 2021
27.10.2021
