Venkataraj vs M.Rajappa
2022 Latest Caselaw 905 Mad

Citation : 2022 Latest Caselaw 905 Mad
Judgement Date : 20 January, 2022

Madras High Court

Venkataraj vs M.Rajappa on 20 January, 2022

                                                                                    CMA.No.3197 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 20.01.2022

                                                      CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                                CMA No.3197 of 2021

                     Venkataraj                                                    ... Appellant

                                                            Vs

                     1.M.Rajappa

                     2.The Divisional Manager,
                       The New India Assurance Co. Ltd.,
                       Divisional Office,
                       No.14/7, K.G.Swamy Complex,
                       Bangalore Road,
                       Hosur – 635 109.                                            ... Respondents

                     Prayer: This Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, 1988, against the Judgment and Decree dated
                     07.03.2018 made in M.C.O.P. No.58 of 2017 on the file of the Motor
                     Accident Claims Tribunal, Special Sub Judge, Krishnagiri.


                                          For Appellant          : Mr.S.P.Yuaraj

                                          For Respondents        : Mr.R.Sivakumar (for R2)



                     1/5


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                                                                                   CMA.No.3197 of 2021



                                                   JUDGMENT

The injured claimant is on appeal seeking enhancement of the

compensation awarded at Rs.5,02,500/- for the injury suffered by him in a

motor accident that occurred on 29.12.2014. The factum of the accident, the

nature of injuries and the question of negligence are not in dispute, since the

Insurance Company has accepted the award.

2.Mr.S.P.Yuaraj, learned counsel appearing for the appellant

would submit that the Tribunal erred in adopting Rs.3000/- per percentage

of disability. Since the accident had taken place in the year 2014, the

Tribunal should have adopted at Rs.4000/- per percentage of disability. He

would also fault the Tribunal for awarding a total sum of Rs.25,000/-

towards transport, nutrition and attender charges. Admittedly, the claimant

was an inpatient for more than 10 days, therefore, he would have expended

a significant amount towards attender charges.

3.Considering the same, the award of Rs.25,000/- towards

transport, nutrition and attender charges is enhanced to Rs.40,000/-. The

Tribunal has awarded partial loss of income for a period of six months at

https://www.mhc.tn.gov.in/judis CMA.No.3197 of 2021

Rs.48,000/- per month. Considering the date of accident, assumption of

notional income at Rs.8,000/- per month is too low. The notional income is

assumed at Rs.10,000/- and the award under the partial loss of income is

enhanced to Rs.60,000/-. The award under the other heads are confirmed.

The award of the Tribunal is therefore modified and the award under the

head of permanent disability is enhanced to Rs.1,60,000/-. Award under the

head of transport, nutrition and attender charges is enhanced to Rs.40,000/-.

The award under the head of partial loss of income is enhanced to

Rs.60,000/-. The total award under the various heads is as follows:

1 40% Permanent disability Rs.1,60,000/-

(40x4000=1,60,000) 2 Medical Expenses Rs.1,75,000/- 3 Transport and Nutrition Attender Rs. 40,000/-

charges 4 Pain and Sufferings Rs. 65,000/- 5 Loss of Amenities and Enjoyment of Rs. 65,000/-

life 6 Damages to clothing and articles Rs. 4,500/-

                             7    Partial loss of income                      Rs. 60,000/-
                                                               Total          Rs.5,69,500/-







https://www.mhc.tn.gov.in/judis
                                                                                      CMA.No.3197 of 2021

4.The same is rounded of to Rs.5,70,000/- with interest at the rate

of 9% as awarded by the Tribunal. It is made clear that the claimant will not

be entitled for the interest for the delay period of 630 days.

5.This Civil Miscellaneous Appeal is allowed. The Insurance

company shall pay interest at the rate of 7.5% for the enhanced amount from

the date of petition till date of deposit. The Insurance Company shall deposit

the enhanced amount with 7.5% interest within a period of six weeks from

the date of receipt of a copy of this order and on such deposit, the claimant

is permitted to withdraw the entire amount. No costs.

20.01.2022 vs Index: No Speaking order

1.The Motor Accident Claims Tribunal, Special Sub Judge, Krishnagiri.

2.The Section Officer, VR Section, Madras High Court, Chennai.

https://www.mhc.tn.gov.in/judis CMA.No.3197 of 2021

R.SUBRAMANIAN, J.

CMA No.3197 of 2021