Usha vs Perumal
2022 Latest Caselaw 7367 Mad

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 07.04.2022

                                                          CORAM:

                              THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

                                                C.M.A(MD)No.224 of 2022

                     Usha                                        :Appellant/Petitioner

                                                   .vs.

                     1.Perumal

                     2.The Branch Manager,
                       The New India Assurance Company Limited,
                       518/52, New Road,
                       Kovilpatti Post,
                       Virudhunagar District.        :Respondents/Respondents



                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, seeking enhancement of compensation awarded
                     in M.A.C.O.P.No.540 of 2016, dated 14.10.2019, on the file of the
                     Motor          Accidents   Claims    Tribunal/Special   Subordinate   Judge,
                     Dindigul.
                                       For Appellant            :Mr.R.Mohanasundaram

                                       For Respondent-2          :Mr.J.S.Murali

                                                   JUDGMENT

*********

This Civil Miscellaneous Appeal is filed seeking enhancement

of compensation awarded in M.A.C.O.P.No.540 of 2016, dated

https://www.mhc.tn.gov.in/judis 14.10.2019, on the file of the Motor Accidents Claims

Tribunal/Special Subordinate Judge, Dindigul.

2.By consent of both the parties, the Civil Miscellaneous

Appeal is taken up for final dosposal.

3.Heard Mr.R.Mohanasundaram, learned counsel appearing for

the appellant and Mr.J.S.Murali, learned counsel appearing for the

second respondent and perused the materials placed before this

Court.

4.The factum of the accident, manner of the accident and rash

and negligence on the part of the offending vehicle are not disputed

and hence, the findings of the Tribunal with regard to the same are

confirmed.

5.On the point of quantum of compensation, I find that based

upon Ex.P2, Ex.P3,Ex.P4 and Ex.X3 produced from the Medical

Board, disabililty was fixed at 63% by the Tribunal and Rs.3,000/-

per unit was granted, which I find it as just nd reasonable. Based

upon the medical bills produced by the claimant in Ex.P6 series

https://www.mhc.tn.gov.in/judis and Ex.X4 and Ex.X5, Rs.2,91,115/- is granted for medical

expenses which is kept intact. Considering the grievous nature of

the disability, pain and suffering, it is enhanced from Rs.30,000/- to

Rs.50,000/- Based upon the discharge summary Ex.P2, Ex.P3 and

Ex.P5-X ray, I find that the the injured has taken treatment as

inpatient for 26 days and hence attendant charges is enhanced to

Rs.10,000/-from Rs.5,000/-.The award under the head of for loss of

personal belongings and clothings is kept intact, so also the

temporary loss of income. The award under the head of

transportation is enhanced from Rs.3000/- to Rs.10,000.The award

under the head extra nourishment is kept intact. Accordingly, there

is a marginal increase in the award amount and the award amount

is increaded to Rs.5,87,615/- with interest at the rate of 7.5% p.a.

In the result, this Civil Miscellaneous Appeal is partly allowed

and the total award amount is enhanced from Rs.5,55,615/- to Rs.

5,87,615/- with interest at the rate of 7.5% p.a., from the date of

claim petition till the date of realisation. The second

respondent/Insurance Compay is directed to deposit the modified

enhanced award amount with proportionate accrued interest and

costs, less the award amount, if any, already deposited, within a

https://www.mhc.tn.gov.in/judis period of eight weeks from the date of receipt of a copy of this

order. On such deposit being made,the appellant/claimant is

permitted to withdraw the modified award amount with accrued

interest and costs, less the award amount, if any already withdrawn,

by filing necessary application before the Tribunal.The

appellant/claimant is directed to pay the additional Court fee for

enhanced award amount awarded by this Court to the credit of

C.M.A before the Registry. No costs.

07.04.2022

Index:Yes/No

Internet:Yes/No

vsn

Note: Registry is directed to draft the decree in this appeal only after the payment of additional court fee by the claimant for the enhanced award amount awarded by this Court.

To

1.The Motor Accidents Claims Tribunal, Special Subordinate Judge, Dindigul.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis RMT.TEEKAA RAMAN.,J.

vsn

JUDGMENT MADE IN C.M.A(MD)No.224 of 2022

07.04.2022

https://www.mhc.tn.gov.in/judis