Madras High Court
Venugopal vs S. Kasinathan on 22 September, 2021
C.M.A.No.57 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.09.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.57 of 2020
Venugopal .... Appellant
Versus
1. S. Kasinathan
2. Reliance General Insurance Company Ltd.,
Reliance House,
6th Floor,
Nungambakkam,
Chennai – 600 006. .... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the judgment and decree dated 22.11.2019 in
MCOP No.7658 of 2015 on the file of the Motor Accidents Claims
Tribunal (Special Sub Court – II), Chennai
For Appellant : Mr.R. Nalliyappan
For Respondents : Mr.S. Arunkumar for R2
R1 – Served – No appearance
http://www.judis.nic.in
1/8
C.M.A.No.57 of 2020
JUDGMENT
(Heard video conference)
This appeal has been filed by the claimant seeking enhancement of
compensation under the impugned award dated 22.11.2019 passed by the
Motor Accident Claims Tribunal (Special Sub Court No.II), Court of
Small Causes, Chennai in M.C.O.P.No.7658 of 2015.
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 the compensation awarded by the Tribunal under
the impugned award to the appellant / claimant are as follows :
Heads Amount awarded
by the Tribunal
(Rs.)
Permanent disability 15000
Pain and sufferings 5000
Transportation 1000
Extra nourishment 10000
Damage to clothing 1000
Attendant charges 1000
Loss of amenities 5000
http://www.judis.nic.in
C.M.A.No.57 of 2020
Heads Amount awarded
by the Tribunal
(Rs.)
Mental agony to the family 5000
members of the petitioner
Medical expenses 7960
Total 50960
4. Heard Mr.R. Nalliyappan, learned counsel for the appellant /
claimant and Mr.S. Arun Kumar, learned counsel for the 2nd respondent /
Insurance Company. Despite service of notice on the 1st respondent, there
is no representation on his side.
5. This Court has perused and examined the impugned award
before the Tribunal.
6. The appellant / claimant sustained the following injuries as a
result of an accident on 14.09.2015 caused by a vehicle owned by the
first respondent and insured with the second respondent :
a. Fracture over right leg
b. Fracture over left leg
c. Abrasion over left hand
d. Multiple injuries all over the body
http://www.judis.nic.in
C.M.A.No.57 of 2020
7. The Medical Board has assessed his disability at 5% and the
disability certificate has been marked as Ex.C1. The Tribunal has
awarded a disability compensation of Rs.15,000/-, calculated at
Rs.3,000/- per percentage of disability for the 5% disability suffered by
the appellant / claimant. This Court is of the considered view that the
disability compensation awarded by the Tribunal at Rs.15,000/- is low as
the year of the accident was not taken into consideration by the Tribunal.
If the year of the accident which happened in the year 2015 was taken
into consideration, the Tribunal ought to have fixed the disability
compensation calculated at Rs.4,000/- per percentage of disability and
not at Rs.3,000/-. Accordingly, this Court re-assess the disability
compensation at Rs.20,000/- calculated at Rs.4,000/- per percentage of
disability instead of Rs.15,000/- erroneously fixed by the Tribunal.
8.The Tribunal has awarded a compensation of Rs.5,000/- towards
pain and suffering which is low as the Tribunal has not taken into
consideration that the appellant /claimant has sustained fracture. This
Court therefore enhances the compensation towards pain and suffering
from Rs.5,000/- fixed by the Tribunal to Rs.15,000/-.
http://www.judis.nic.in
C.M.A.No.57 of 2020
9. The Tribunal has also awarded a meagre compensation of
Rs.1,000/- towards transportation which has to be enhanced necessarily.
This Court enhances the same to Rs.5,000/- after giving due
consideration to the nature of the injuries sustained by the appellant /
claimant.
10. With regard to the compensation awarded by the Tribunal
under the heads extra nourishment, damage to clothing and loss of
amenities are concerned, the same cannot be considered to be in adequate
as alleged by the appellant / claimant as it is a just compensation and
therefore, the same is confirmed.
11. However, the Tribunal has awarded a meagre compensation of
Rs.1,000/- towards attender charges, which has to be necessarily
enhanced. This Court enhances the same to Rs.5,000/- instead of
Rs.1,000/- fixed by the Tribunal.
12. However, the Tribunal has erroneously awarded a
compensation of Rs.5,000/- towards mental agony to the family members
which is not in accordance with law. Since the appellant / claimant has
http://www.judis.nic.in
C.M.A.No.57 of 2020
already been awarded compensation towards pain and suffering, the
question of payment of any compensation towards mental agony to the
family members will not arise. Hence, the compensation awarded by the
Tribunal towards mental agony at Rs.5,000/- is set aside by this Court.
13. 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.)
Permanent disability 15000 20000
* Rs.3,000/- x 5% * #
# Rs.4,000/- x 5%
Pain and suffering 5000 15000
Transportation 1000 5000
Extra nourishment 10000 10000
Damage to clothing 1000 1000
Attendant charges 1000 5000
Loss of amenities 5000 5000
Mental agony to the family 5000 -
members of the petitioner
Medical expenses 7960 7960
Total 50960 68960
14. In the result, the appeal filed by the appellant / claimant,
stands partly allowed by enhancing the compensation from Rs.50,960/-
http://www.judis.nic.in
C.M.A.No.57 of 2020
to Rs.68,960/-, as indicated above. No costs.
15. The second respondent / Insurance Company is directed to
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.7658 of 2015 on the file of the Motor Accidents Claims
Tribunal/ Special Court – II, Court of Small Causes, Chennai, 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.
22.09.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
vsi2
http://www.judis.nic.in
C.M.A.No.57 of 2020
ABDUL QUDDHOSE, J.
vsi2
To
1. The Judge,
Motor Accidents Claims Tribunal
(Special Sub Court – II),
Court of Small Causes,
Chennai.
2.The Section Officer,
V.R. Section, High Court of Madras,
Chennai – 104.
C.M.A.No.57 of 2020
22.09.2021
http://www.judis.nic.in
