Madras High Court
Nadimuthu vs Prabakaran on 27 January, 2022
CMA(MD)No.45 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.01.2022
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
CMA(MD)No.45 of 2022
Nadimuthu ... Appellant/Petitioner
Vs.
1.Prabakaran
2.M/s.Shriram General Insurance Co.Ltd.,
E-8, EPIF, Sitapura Induratrial Area,
Jaipur,
Rajasthan – 302 022.
3.The General Manager,
Tamilnadu State Transport Corporation,
Trichy. ... Respondents/Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, against the judgment and decree, dated
29.04.2019 in MCOP.No.410 of 2016 on the file of the Motor Accident
Claims Tribunal, Additional District Judge/Presiding Officer, Special
Court for E.C. & NDPS Act Cases, Pdukkottai.
For Appellant :Mr.P.Ganapathy Subramanian
For R1 :No Appearance
For R2 :Mr.V.Sakthivel
For R3 :Mr.P.M.Vishnuvarthanan
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CMA(MD)No.45 of 2022
JUDGMENT
The appellant filed this appeal to enhance the award amount
granted in MCOP.No.410 of 2016, dated 29.04.2019 on the file of the
Motor Accident Claims Tribunal, Additional District Judge/Presiding
Officer, Special Court for E.C. & NDPS Act Cases, Pdukkottai.
2. The case of the claimant, in nutshell, is as follows:
On 17.04.2016 at about 8.40 p.m., the petitioner was
travelling in a bus belongs to the third respondent from Trichy to
Pudukkottai. The third respondent's bus driven by its driver in a slow
speed by keeping the extreme left by observing the traffic rules carefully.
While so, near Vetha Bus stop, the Eicher Lorry, belongs to the first
respondent, bearing Registration No.TN-18-C-5695, driven by its driver
in a rash and negligent manner, hit the bus and caused the accident. Due
to that the petitioner was immediately admitted in Retna Global Hospital,
Trichy as inpatient till 23.04.2016 and major surgery was conducted on
17.04.2016.
3.The claimant has filed the claim petition in M.C.O.P.No.410 of
2016 on the file of the Motor Accidents Claims Tribunal, Additional
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CMA(MD)No.45 of 2022
District Judge/Presiding Officer, Special Court for E.C. & NDPS Act
Cases, Pudukkottai, seeking compensation of Rs.77,37,440/-.
4.Before the Tribunal, on the side of the claimant one witness was
examined as P.W.1 and sixteen documents were marked as Exs.P.1 to P.16
and on the side of the respondents, no one was examined and no
document was marked.
5.The Tribunal, after considering the pleadings, oral and
documentary evidences and the arguments of the counsel for the claimant
and the respondent and also on appreciating the evidences on record,
held that the accident occurred only, due to the rash and negligent driving
of the first respondent and directed the first and second respondents to
pay a sum of Rs.7,32,000/- as compensation. Aggrieved over the orders
passed by the Tribunal, the claimant has filed the present appeal under
Section 173 of the Motor Vehicles Act, 1988.
6.Heard Mr.P.Ganapathy Subramanian, learned counsel appearing
for the appellant and Mr.V.Sakthivel, learned counsel appearing for the
second respondent and Mr.P.M.Vishnuvarthanan, learned counsel
appearing for the third respondent.
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CMA(MD)No.45 of 2022
7.A perusal of records would show that due to the accident the
claimant sustained multiple grievous injuries and his right hand was
amputated and the claimant has obtained disability certificate from
Medical Board, Government Head Quarters Hospital, Pudukkottai,
marked as Ex.P15, assessing the partial permanent disability as 80%.
Since the claimant is still working, the multiplier method for calculating
loss of income has not adopted. But, the Tribunal has awarded
Rs.1,00,000/- only towards pain and suffering. Since the claimant
sustained multiple injury and also right hand amputated, this Court
awarded Rs.2,00,000/- towards pain and sufferings and awarded
Rs.20,000/- towards for extra nourishment and awarded Rs.75,000/-
towards attendant charge. The Tribunal did not award any amount
towards loss of amenities. Hence, this Court awarded Rs.15,000/-
towards loss of amenities. Except the above, all the other terms of the
award passed by the Tribunal is confirmed.
8.Accordingly, the claimant is entitled for compensation as
follows:
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CMA(MD)No.45 of 2022
S. Head Amount granted by
No. this Court
1. Permanent disability Rs.2,40,000/-
2. Pain and sufferings Rs.2,00,000/-
3. Inconvenience Rs. 50,000/-
4. Medical Expenses Rs.1,47,500/-
5. Artificial Limb Rs. 1,50,000/-
6. Extra Nourishment Rs. 20,000/-
7. Attendant Charge Rs. 75,000/-
8. Ambulance Rs. 10,000/-
9. Loss of amenities Rs. 15,000/-
Total Rs. 9,07,500/-
9. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed.
(ii) The compensation awarded by the Tribunal is enhanced from
Rs.7,32,000/- to Rs.9,07,500/- with interest at the rate of 7.5% per
annum.
(iii) The first and second respondents are directed to deposit the
enhanced compensation amount i.e., Rs.9,07,500/- (Rupees Nine lakhs
seven thousand five hundred only) less the amount already deposited, if
any, together with interest at the rate of 7.5% per annum from the date of
claim petition till the date of deposit to the credit of MCOP.No.410 of
2016 on the file of the Motor Accident Claims Tribunal/Additional
District Judge/Presiding Officer, Special Court for E.C. & NDPS Act
Cases, Pudukkottai within a period of six weeks from the date of receipt
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CMA(MD)No.45 of 2022
of a copy of this order.
(iv) On such deposit being made, the claimant is permitted to
withdraw the same after following due process of law. No Costs.
27.01.2022
Index :Yes/No
Internet:Yes/No
vsd
Note : In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1.The Motor Accident Claims Tribunal,
Additional District Judge/Presiding Officer,
Pdukkottai.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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CMA(MD)No.45 of 2022
S.ANANTHI, J.
vsd
CMA(MD)No.45 of 2022
27.01.2022
https://www.mhc.tn.gov.in/judis
