Madras High Court
R.Gajendiran vs Durgesh Stveer Sharman on 9 June, 2022
C.M.A.No.43 of 2020
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED : 09.06.2022
CORAM:
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.M.A.No.43 of 2020
R.Gajendiran ... Petitioner/Appellant
Vs.
1.Durgesh Stveer Sharman
2.The New India Assurance Company Limited,
VASHI, D.A.D. (170800),
Shanthi Centre, I Floor, Sec.17,
Navi Mumbai,
Maharashtra,
Pin – 400 705. … Respondents/Respondents
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act against the Award and Decree dated 18.10.2019 in
M.C.O.P.No.207 of 2018 on the file of the learned Special Subordinate
Judge, Motor Accidents Claims Tribunal, Krishnagiri
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.No.43 of 2020
For Appellant : Mr.T.Panchatsaram
For Respondents : Ms.Tathna Thara for R2
R1 – Served
JUDGMENT
The claimant is the appellant before this Court seeking an
enhancement of the Compensation. The only ground pleaded is that the
Court below has not taken into account Ex.P.19 in which the Doctor
who has issued the Disability Certificate has assessed the loss of vision
in the left eye and opined that it could be permanent.
2.The learned counsel for the appellant would submit that the
Tribunal has not taken note of this and granted compensation for the
same. He would also argue that the Tribunal has not considered the
medical bills properly and has awarded a lower amount.
https://www.mhc.tn.gov.in/judis
C.M.A.No.43 of 2020
3.The learned counsel for the Insurance Company fairly
conceded that certain bills have not been taken into consideration while
awarding the compensation under the head of medical expenses.
4.Heard the learned counsel appearing on either side and perused
the papers.
5.The arguments of the learned counsel for the appellant with
reference to the compensation granted under the head of loss of vision
cannot be countenanced for the simple reason that a perusal of Ex.P.2 -
Would Certificate and Ex.P.3 - Discharge Summary clearly shows that
there was no injury to the eye. Ex.P.19 - Disability Certificate has been
issued in the year 2019 nearly eight years after the accident. The
Doctor who has issued the Disability Certificate has also clearly stated
that he has not treated the claimant. Therefore, the same cannot be
taken note of. Although the medical bills filed total a sum of
Rs.5,77,428/- the Tribunal has only granted a sum of Rs.5,56,742/-.
https://www.mhc.tn.gov.in/judis
C.M.A.No.43 of 2020
Therefore, the amount under this head is enhanced to a sum of
Rs.5,77,428/-. To this limited extent, this Civil Miscellaneous Appeal
is allowed. In all other respects, the Award of the Tribunal below is
confirmed.
6.The 2nd respondent is directed to deposit the enhanced
compensation amount of Rs.20,686/- with interest @ 7.5% per annum,
less the statutory deposit already made, to the credit of
M.C.O.P.No.207 of 2018 on the file of the learned Special Subordinate
Judge, Motor Accidents Claims Tribunal, Krishnagiri, within a period
of six weeks from the date of receipt of a copy of this order. On such
deposit, the appellant is permitted to withdraw amount with
proportionate accrued interests and costs, by making necessary
applications.
https://www.mhc.tn.gov.in/judis
C.M.A.No.43 of 2020
The claimant is directed to pay the Court fee for the enhanced
compensation amount, if required. The Tribunal below shall not
disburse the enhanced amount till such time as the certified copy
showing proof of payment of Court Fee has been produced by the
claimant. No costs.
09.06.2022
Index : Yes/No
Internet : Yes/No
Speaking order / Non speaking order
mps
To
The Special Subordinate Judge,
Motor Accidents Claims Tribunal,
Krishnagiri.
https://www.mhc.tn.gov.in/judis
C.M.A.No.43 of 2020
P.T. ASHA, J,
mps
C.M.A.No.43 of 2020
09.06.2022
https://www.mhc.tn.gov.in/judis
