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.
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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
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C.M.A.No.43 of 2020
of Rs.5,77,428/- the Tribunal has only granted a sum of Rs.5,56,742/-.
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 Insurance Company 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.
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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
