Madras High Court
K. Bharath vs R.Narayanan on 7 January, 2022
CMA No.2753 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
Civil Miscellaneous Appeal No.2753 of 2021
K. Bharath ... Appellant
Vs.
1. R.Narayanan
2. Reliance General Insurance Company Limited,
Reliance House, R.O. Legal Dept.,
No.6, 6th Floor, Haddows Road,
Chennai 600 006. ... Respondents
Civil Miscellaneous Appeals filed under Section 173 of Motor Vehicles
Act, 1988, to enhance the amount awarded in MCOP No.1934 of 2017 dated
29.09.2020 on the file of Motor Accident Claims Tribunal (V Small Causes
Court), Chennai.
For Appellant : Mr. K.Varadhakamaraj
For Respondents : Mr. R.Sunil Kumar for R2
No appearance for R1
1/6
https://www.mhc.tn.gov.in/judis
CMA No.2753 of 2021
JUDGMENT
The claimant who was favoured with an award of Rs.2,96,700/-
for the injuries suffered by him in a motor accident that occurred on
28.02.2017 seeks enhancement.
2. The factum of accident and the fact that the claimant suffered
injuries is not in dispute. The negligence on the part of the driver of the Van
bearing Registration No.TN-22-BL-4304 is not in controversy, inasmuch as
the Insurance Company has not filed an Appeal against the award.
3. On the quantum, Mr.Varadhakamaraj, learned counsel
appearing for the appellant would submit that the Tribunal was not right in
awarding only Rs.3,000/- per percentage of disability for the accident that
occurred on 28.02.2017, according to him, the Tribunal must have awarded
Rs.5,000/- per percentage of disability. He would also contend that the
award of Rs.30,000/- towards loss of amenities is very low.
https://www.mhc.tn.gov.in/judis
CMA No.2753 of 2021
4. Contending contra Mr.R.Sunil Kumar, learned counsel
appearing for the Insurance Company would submit that though the
claimant has stated that he has earning only Rs.10,000/- per month the
Tribunal has taken his income as Rs.15,000/- and awarded Rs.45,000/-
towards loss of income and that would offset the deficit in the other heads.
5. I have considered the submissions of the counsel for the parties.
6. As rightly contended by Mr.Varadhakamaraj, the Tribunal was
not right in granting Rs.3,000/- only per percentage of disability for an
accident that occurred in 2017. This Court had held that it should be at
Rs.5,000/- per percentage of disability. Therefore, the award under the head
of disability should be straight away enhanced to Rs.50,000/- instead of
Rs.30,000/- . The amounts awarded under the other heads are reasonable.
7. Though the counsel for the appellant would contend that the
award under the head of loss of amenities of Rs.30,000/- is low, as rightly
pointed out by Mr.R.Sunilkumar, learned counsel appearing for the
https://www.mhc.tn.gov.in/judis
CMA No.2753 of 2021
Insurance Company, a sum of Rs.45,000/- has been awarded for loss of
income for three months, where the claimant in his petition itself has stated
he is only earning Rs.10,000/- per month, so that the excess of Rs.15,000/-
under the head could be offset towards the loss of amenities. I therefore do
not see any reason to modify the award on the other heads.
8. In fine, the Appeal is partly allowed, the award under the head
of disability alone is enhanced Rs.50,000/- from Rs.30,000/- and the total
award is enhanced to Rs.3,16,700/-. The Insurance Company is directed to
deposit the award amount as per the modified award, less the amount, if any,
already deposited, with appropriate interest as granted by the Tribunal to the
credit of MCOP No.1934 of 2017, within a period of six (6) weeks from the
date of receipt of a copy of the judgment. On such deposit, the claimant is
permitted to withdraw the same. There shall be no order as to costs.
jv 07.01.2022
Index: Yes/No
Internet: Yes
speaking order/Non speaking order
https://www.mhc.tn.gov.in/judis
CMA No.2753 of 2021
To
1. The V Judge,
Motor Vehicle Accident Claims Tribunal,
Small Causes Court, Chennai.
2. The Section Officer,
V.R.Section,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
CMA No.2753 of 2021
R.SUBRAMANIAN, J.
jv
Civil Miscellaneous Appeal No.2753 of 2021
07.01.2022
https://www.mhc.tn.gov.in/judis
