Madras High Court
Arjunan vs Nagarajan on 4 January, 2022
C.M.A.(MD)No.1279 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.01.2022
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.1279 of 2016
Arjunan ...Appellant/Petitioner
Vs.
1.Nagarajan
2.The Divisional Manager,
National Insurance Company,
1st Floor, S.R.D.Building,
No.33, Bharathidasan Salai,
Piramnadu Salai,
Contonment, Trichy. ...Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, to modify the judgment and decree, dated 20.11.2015 made in
MCOP.No.133 of 2015 on the file of the Motor Accidents Claims Tribunal,
Chief Judicial Magistrate, Thanjavur at Kumbakonam.
For Appellant :Mr.S.Sivathilakar
For R2 :Ms.Mariya Vinola
for Mr.D.Rajkumar
JUDGMENT
The appellant is the claimant in M.C.O.P.No.133 of 2015 on the file of
the Motor Accidents Claims Tribunal, Chief Judicial Magistrate, Thanjavur at
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C.M.A.(MD)No.1279 of 2016
Kumbakonam. He filed the claim petition under Section 166 of the Motor
Vehicles Act, 1988 seeking compensation of Rs.4,00,000/- for the injuries
sustained by him in a road accident on 27.03.2014.
2.The case of the claimant is that on 27.03.2014, while he was riding a
double bullock cart in a slow and cautious manner from Kumbakonam to
Chennai Road towards south to north, at about 3.30 p.m. and when he came
near Chinna Karupur Kulam, a van bearing Registration No.TN-68-J-4078
came in a opposite direction driven by its driver in a rash and negligent
manner and dashed against his bullock cart. Due to that accident, the
petitioner sustained grievous and multiple injuries and he admitted in the
Thanjavur Medical College Hospital and he took treatment as inpatient from
27.03.2014 to 26.06.2014.
3.The claimant has filed the claim petition in M.C.O.P.No.133 of 2015
on the file of the Motor Accidents Claims Tribunal/Chief Judicial Magistrate,
Thanjavur at Kumbakonam, seeking compensation of Rs.4,00,000/-.
4.Before the Tribunal, on the side of the claimant two witnesses were
examined as P.W.1 to P.W.3 and nine documents were marked as Exs.P.1 to
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C.M.A.(MD)No.1279 of 2016
P.9. On the side of the respondents herein, 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
respondents and also on appreciating the evidences on record, held that the
accident occurred only, due to the rash and negligent driving of the driver of
the first respondent and directed the second respondent to pay a sum of
Rs.1,45,400/- 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 both sides and perused the material documents available on
record.
7.The learned counsel for the appellant contended that due to injury,
the claimant undertook treatment as inpatient from 27.03.2014 to 26.06.2014
for injuries sustained by him in Thanjavur Medical College Hospital. But the
Tribunal has fixed permanent disability as 32% and granted Rs.2,000/- for
1 % of his disability, which is very low. He further contended that the
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C.M.A.(MD)No.1279 of 2016
Tribunal has failed to award proper compensation with regard to loss of
income. Therefore he prayed for enhancement of compensation.
8.A perusal of records, it shows that the claimant undertook treatment
as inpatient from 27.03.2014 to 26.06.2014 for injuries sustained by him. But
the Tribunal has fixed permanent disability as 32% and granted Rs.2,000/-
for 1 % of his permanent disability, which is very low. Hence, this Court
fixed Rs.3,000/- for 1% disability and awarded Rs.96,000/- as permanent
disability. Except the above, all other terms of the award passed by the
Tribunal is confirmed.
9.Accordingly, the claimant is entitled for compensation as follows:
S. Description Amount awarded by Award
confirmed /
No.
Tribunal this Court enhanced /
granted
1. Permanent disability Rs. 64,000/- Rs. 96,000/- modified
2. Loss of income for six Rs. 18,000/- Rs. 18,000/- Confirmed
months (Rs.3,000/ x 6)
3. Pain and sufferings Rs. 30,000/- Rs. 30,000/- Confirmed
4. Transportation Rs. 5,000/- Rs. 5,000/- Confirmed
5. Attendant charges Rs. 18,400/- Rs. 18,400/- Confirmed
6. Loss of happiness and Rs. 10,000/- Rs. 10,000/- Confirmed
future expenses
Total Rs. 1,45,000/- Rs. 1,77,400/-
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C.M.A.(MD)No.1279 of 2016
with interest at 7.5% p.a., as awarded by the Tribunal, from the date of claim
petition till the date of realization.
10.In the result,
(i)The Civil Miscellaneous Appeal is partly allowed.
(ii) The quantum of compensation awarded by the Tribunal is enhanced
from Rs.1,45,000/- to Rs.1,77,400/-.
(iii)The second respondent /National Insurance Company is directed to
deposit the enhanced compensation amount i.e., Rs.1,77,400/- (Rupees One
lakh seventy seven thousand four hundred only), less the amount already
deposited, 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 M.C.O.P.No.133 of
2015 on the file of the Motor Accidents Claims Tribunal, Chief Judicial
Magistrate, Thanjavur at Kumbakonam, within a period of four weeks from
the date of receipt of a copy of this order.
(iv) On such deposit, the claimant is entitled to withdraw the award
amount with proportionate interests and costs. No costs.
04.01.2022
Index : Yes/No
Internet : Yes/No
vsd
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.1279 of 2016
S.ANANTHI, J.
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 Accidents Claims Tribunal and
Chief Judicial Magistrate,
Thanjavur at Kumbakonam.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
Judgment made in
C.M.A.(MD)No.1279 of 2016
04.01.2022
https://www.mhc.tn.gov.in/judis
