Madras High Court
S.Sowmiya vs V.Kumar on 23 September, 2021
CMA.No.1616 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.09.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No. 1616 of 2021
S.Sowmiya .... Appellant
Versus
1.V.Kumar
2. TATA AIG General Insurance Co.Ltd.,
Samson Towers, 403, L, Pantheon Road,
Egmore, Chennai-600008 ...Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 to enhance the compensation awarded in the
judgement and decree dated 25.06.2019 passed in M.C.O.P.
No.1338 of 2014 on the file of Motor Accidents Claims Tribunal (III
Small Causes Court), Chennai.
For Appellant : Mr. K.Varadhakamaraj
For Respondents : Mr. E.Rajadurai
For M/s.M.B. Gopalan Associates -R2
R1 – vacated.
JUDGMENT
(Heard video conference)
This appeal has been filed by the claimant seeking
enhancement of compensation under the impugned award dated
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25.06.2019 passed by the Motor Accident Claims Tribunal (III Small
Causes Court), Chennai in M.C.O.P. No.1338 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 the compensation awarded by the Tribunal
under the impugned award are as follows :
Heads Amount awarded
by the Tribunal
(Rs.)
Disability 45,000
Pain and Sufferings 20,000
Transport and Extra 20,000
Nourishment
Attender Charges 5,100
Damages to clothes 1,000
Medical Expenses 10,412.50
Total 1,01,512.50
4. Heard Mr. K.Varadhakamaraj, learned counsel for the
appellant / claimant and Mr.E.Rajadurai, learned counsel for the
respondent / Insurance Company.
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CMA.No.1616 of 2021
5. This Court has perused and examined the impugned award
passed by the Tribunal.
6. The appellant/claimant has sustained both bone fracture in
the left leg and he was 19 years old student, doing B.Tech 1st year
when the accident happened on 26.01.2014. The cause of the
accident and the nature of injuries sustained by the
appellant/claimant have not been disputed by the respondents as
no appeal has been filed by the respondents aggrieved by the
award passed by the tribunal.
7. The Medical Board which has examined the
appellant/claimant has assessed her disability at 15% which has
been accepted by the tribunal. This Court is in agreement with the
said assessment. However, the tribunal has not taken into
consideration the year of the accident for the purpose of assessing
the disability compensation. The tribunal has awarded disability
compensation at Rs.45,000/- for the 15% disability suffered by the
appellant/claimant by fixing Rs.3,000/- per percentage of disability.
After giving due consideration of the year of the accident, which
happened in the year 2014, this Court enhances the compensation
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CMA.No.1616 of 2021
towards disability at Rs.60,000/- by taking Rs.4,000/- per
percentage for the 15% disability suffered by the
appellant/claimant, instead of Rs.45,000/- erroneously fixed by the
tribunal.
8. The compensation awarded by the tribunal under other
heads viz., Pain and Suffering, Extra Nourishment and Attendant
Charges are also low and it has to be enhanced. After giving due
consideration of the nature of injury and the treatment taken by
the claimant, this Court enhances the compensation towards (i).
Pain and Suffering at Rs.25,000/-, (ii) Extra Nourishment and
transport Rs.30,000/- and (iii). Attendant Charges at Rs.15,000/-.
Insofar as the compensation awarded by the tribunal towards
'Damages to clothes and medical expenses are concerned, which
are supported by medical records, marked as Ex.5 before the
tribunal, this Court confirms the same as it is in agreement with
the settled practice. However the tribunal has failed to award any
compensation towards 'Loss of amenities of life' to the
appellant/claimant which she is legally entitled to. Hence, this
Court, after due consideration of nature of injuries suffered by the
appellant/claimant, awards compensation of Rs.25,000/- towards
'Loss of Amenities'.
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CMA.No.1616 of 2021
9. For the foregoing reasons, the compensation awarded by
the tribunal at Rs.1,01,512.50/- is enhanced to Rs.1,66,412.50,
rounded of to Rs.1,66,415/- as detailed hereunder;
Heads Amount Amount
awarded by the modified by this
Tribunal Court
(Rs.) (Rs.)
15% disability 45,000 60,000
(15 x 3000) (15 x 4000)
Pain and suffering 20,000 25,000
Extra Nourishment and 20,000 30,000
Transport
Attender Charges 5,100 15,000
Damage to clothes 1,000 1,000
Medical Expenses 10,412.50 10,412.50
Loss of amenities of life ... 25,000
Total 1,01,512.50 1,66,412.50
(rounded off to
Rs.1,66,415/-)
10. In the result, the appeal filed by the appellant /
claimant, stands partly allowed by enhancing the compensation
from Rs.1,01,512.50 to Rs.1,66,415/-, as indicated above. No
costs.
11. The second respondent / Insurance Company is directed
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CMA.No.1616 of 2021
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. 1338 of 2014 on the file of the
Motor Accidents Claims Tribunal (III Small Causes Court), Chennai ,
within a period of eight weeks from the date of receipt of a copy of
this Judgment. On such deposit is 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.
23.09.2021
Index: Yes/No
Internet: Yes/
Speaking Order/Non-Speaking Order
ak
To
1. III Judge,
Court of Small Causes (Motor Accidents Claims Tribunal)
Chennai
2.The Section Officer,
V.R. Section, High Court of Madras,
Chennai – 104.
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CMA.No.1616 of 2021
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CMA.No.1616 of 2021
ABDUL QUDDHOSE, J.
ak
C.M.A.No.1616 of 2021
23.09.2021
http://www.judis.nic.in
