Madras High Court
Ramesh vs C.Karunanithi on 14 October, 2022
C.M.A.No.2899 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.10.2022
CORAM:
THE HONOURABLE Ms. JUSTICE P.T.ASHA
C.M.A.No.2899 of 2014
Ramesh ... Appellant
vs.
1.C.Karunanithi
2.Shriram General Insurance Company Limited,
II Floor, No.66, Thirumalai Pillai Road,
T.Nagar,
Chennai-600 017. ... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, against the Judgment and Decree dated 06.07.2013
and made in M.A.C.T.O.P.No.2548 of 2011 on the file of the Motor
Accident Claims Tribunal (In the Court of VI Small Causes) Chennai.
For Appellant : Mrs.A.Subadra
For Respondents : R1- Served – No Appearance
Mr.S.Dhakshnamoorthy [R2]
JUDGMENT
The claimant is the appellant before this Court seeking enhancement
of the compensation awarded by the Motor Accident Claims Tribunal,
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C.M.A.No.2899 of 2014
(Court of VI Small Causes) Chennai in M.A.C.T.O.P.No.2548 of 2011.
2. The claimants sought to have the award be enhanced on the ground
that the appellant/claimant had been hospitalised for over 10 days. The
Tribunal had fastened the negligence on the appellant/claimant as well
stating that the claimant had not taken due precaution before crossing the
road. The appellant/claimant would question this finding of the Tribunal.
3. The learned counsel for the appellant/claimant would submit that
the claimant had suffered fractures to his hip and leg and an abdomen
injury, head injury and multiple injuries all over the body.
4. As regards the fastening of contributory negligence on the
appellant/claimant the same has been done only on presumption. It is
needless to state that a pedestrian has the right of way and vehicles have to
stop to allow a pedestrian to cross the road. Therefore, the finding of the
Tribunal below fastening liability on the appellant is set aside.
5. The medical records would show that the appellant/claimant had
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C.M.A.No.2899 of 2014
suffered fracture in the hip, leg and there has been blunt of injuries, for that
he has undergone several procedures. The appellant/claimant was employed
as a mason, considering the length of time that he has been in hospital and
taking into consideration the injuries sustained by him, the amount awarded
under the head of disability of percentage shall be enhanced at the rate of
Rs.2000/- to Rs.3000/- per percentage. The Doctor has assessed the
disability @ 55%, therefore, under the head of disability, Rs.3000/- per
percentage would work out to a sum of Rs.1,65,000/- (Rs.3000/- X 55). The
appellant/claimant who was hospitalised for over 10 days is entitled extra
amount under the head of attender charges, therefore, amount granted under
this head is enhanced from Rs.10,000/- to Rs.25,000/- and amount granted
under the head of Extra Nourishment and Damage to clothes is enhanced to
Rs.25,000/-. That apart, considering the long hospitalisation and the nature
of injuries, amount granted under the head of disability is enhanced to
Rs.50,000/-. In all other aspects, the award of the Tribunal appears to be
very reasonable and I see no reason to interfere with the same. Therefore,
the Compensation awarded by the Tribunal is reworked as below:
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C.M.A.No.2899 of 2014
S.No. Description Amount Amount Award
awarded by awarded by confirmed
Tribunal this Court or
enhanced
or granted
or reduced
1 Loss of Income for Rs. 27,000/- Rs. 27,000/- Confirmed
6 months
2 Transportation Rs. 5,000/- Rs. 5,000/- Confirmed
3 Extra Rs. 20,000/- Rs. 25,000/- Enhanced
Nourishment &
Damage to clothes
4 Medical Expenses Rs. 20,000/- Rs. 20,000/- Confirmed
5 Attender Charges Rs. 10,000/- Rs. 25,000/- Enhanced
6 Pain and Suffering Rs. 30,000/- Rs. 50,000/- Enhanced
7 Disability Rs. 1,10,000/- Rs. 1,65,000/- Enhanced
TOTAL Rs. 2,22,000/- Rs. 3,17,000/-
Less 25%
contributory Rs.3,17,000/-
negligence. (contributory
75% of negligence is
Rs. 2,22,000/- set aside.)
= Rs.1,66,500/-
6. In the result, this Civil Miscellaneous Appeal is allowed and the
compensation of Rs.1,66,500/- awarded by the Tribunal is hereby Enhanced
to a sum of Rs.3,17,000/-. Therefore, the 2nd respondent / Insurance
Company is directed to deposit the enhanced amount of Rs.3,17,000/- to
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C.M.A.No.2899 of 2014
the credit of M.A.C.T.O.P.No.2548 of 2011 on the file of the Motor
Accident Claims Tribunal (In the Court of VI Small Causes) Chennai,
together with interest @ 7.5% per annum from the date of claim petition till
the date of deposit and costs, less, the amount, if any already deposited,
within a period of four weeks from the date of receipt of a copy of this
Judgement. On such deposit being made, the claimant is permitted to
withdraw the amount now determined by this Court, as apportioned by the
Tribunal, along with interest and costs, after adjusting the amount, if any
already withdrawn, by filing necessary application before the Tribunal. 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.
14.10.2022
Index : Yes/No
Speaking / Non-speaking order
ssn
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C.M.A.No.2899 of 2014
P.T.ASHA, J.,
ssn
To:
1. The Motor Accident Claims Tribunal,
VI Judge, Small Causes Court,
Chennai.
2. The Section Officer,
V.R.Section,
High Court of Madras,
Chennai.
C.M.A.No.2899 of 2014
14.10.2022
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