P.R.Ravi vs M.Saraswathi
2022 Latest Caselaw 16636 Mad

Citation : 2022 Latest Caselaw 16636 Mad
Judgement Date : 19 October, 2022

Madras High Court

P.R.Ravi vs M.Saraswathi on 19 October, 2022

                                                                              C.M.A.No.2557 of 2014

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 19.10.2022

                                                       CORAM:

                                     THE HONOURABLE Ms. JUSTICE P.T.ASHA

                                               C.M.A.No.2557 of 2014


                  P.R.Ravi                                               ... Appellant

                                                        vs.
                  1.M.Saraswathi
                  (Remained ex-parte before the Trial Court)

                  2.ICICI Lombard General Insurance Co. Ltd.,
                  140, Nungambakkam High Road,
                  Chennai-34.                                           ... Respondents

                  PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the
                  Motor Vehicles Act against the Judgment and Decree dated 10.04.2014 in
                  M.A.C.T.O.P.No.32 of 2010 on the file of the III Small Causes Court
                  (Motor Accident Claims Tribunal), Chennai.
                                    For Appellant      : Mr.N.M.Muthurajan
                                    For Respondents    : Mrs.R.Sree Vidhya [R2]
                                                         R1 - Exparte

                                                      JUDGMENT

The claimant before the Motor Accident Claims Tribunal, III Court of

Small Causes, Chennai in M.C.O.P.No.32 of 2010 is the appellant herein

https://www.mhc.tn.gov.in/judis C.M.A.No.2557 of 2014

seeking enhancement of the award passed by the Tribunal below.

2. Though the arguments were made for enhancing the quantum of

compensation in most of the heads, ultimately, after hearing the arguments

of both parties, this Court has taken into account the injuries sustained by

the appellant/petitioner, namely Grade – I compound fracture of both bones

at right leg with tibial plateau, for which the petitioner/appellant has

undergone as open reduction and internal fixation with plate and cancellous

screw fixation and suffered a disability. The Tribunal has calculated the

compensation by adopting a sum of Rs.2000/- per percentage and adopted

the disability assessed by PW2-Doctor at 40%. The appellant has

undergone treatment as an in-patient for 12 days at Government General

Hospital. Therefore, the amount under the head of permanent disability is

enhanced by adopting Rs.3000/- per percentage. Therefore, the amount

under this head is enhanced to a sum of Rs.1,20,000/-. In all other aspects,

the award of the Tribunal remains unaltered. Therefore, the Compensation

awarded by the Tribunal is reworked as below:

https://www.mhc.tn.gov.in/judis C.M.A.No.2557 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 Rs. 35,000/- Rs. 35,000/- Confirmed 2 Transport to Rs. 10,000/- Rs. Confirmed Hospital 10,000/-

                          3       Extra               Rs.   10,000/- Rs.              Confirmed
                                  Nourishment                        10,000/-
                          4       Damage           to Rs.   1,000/- Rs.      1,000/- Confirmed
                                  clothing
                          5       Medical Expenses Rs.      25,000/- Rs.    25,000/- Confirmed
                          6       Attender Charges    Rs.   10,000/- Rs.              Confirmed
                                                                     10,000/-
                          7       Loss of amenities   Rs.   25,000/- Rs.    25,000/- Confirmed
                                  of life
                          8       Pain and            Rs.   40,000/- Rs.    40,000/- Confirmed
                                  sufferings
                          9       Permanent           Rs.   80,000/- Rs. 1,20,000/- Enhanced
                                  disability
                                       TOTAL          Rs. 2,36,000/- Rs. 2,76,000/-

3. In the result, this Civil Miscellaneous Appeal is allowed and the

compensation of 2,36,000/- awarded by the Tribunal is hereby Enhanced to

a sum of Rs.2,76,000/-. Therefore, the 2nd respondent / Insurance Company

is directed to deposit the enhanced amount of Rs.2,76,000/- to the credit of

M.A.C.T.O.P.No.32 of 2010 on the file of the Motor Accident Claims

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Tribunal, III Court of 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,