C.Muthusamy vs R.Chinnappan
2022 Latest Caselaw 16646 Mad

Citation : 2022 Latest Caselaw 16646 Mad
Judgement Date : 19 October, 2022

Madras High Court

C.Muthusamy vs R.Chinnappan on 19 October, 2022

                                                                            C.M.A.No.2149 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.2149 of 2014

                  C.Muthusamy                                           ... Appellant

                                                       vs.
                  1.R.Chinnappan
                  (Notice to R1 may be dispensed with
                  for the time being since he was set exparte
                  before Tribunal).

                  2.Oriental Insurance Co. Ltd.,
                  Branch Office, No.11, EVN Road,
                  Parimalam Complex II Floor,
                  Erode-638 011.                                       ... Respondents

                  PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the

                  Motor Vehicles Act, as amended by Act 54 of 1994 to set aside the order

                  dated 18.12.2012 made in M.C.O.P.No.105 of 2009 on the file of the Motor

                  Accident Claims Tribunal, Tiruchengode.

                                    For Appellant     : Mr.C.Kulanthaivel
                                    For Respondents   : Mr.P.Kandasamy [R2]
                                                        R1 – Exparte




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https://www.mhc.tn.gov.in/judis
                                                                             C.M.A.No.2149 of 2014

                                                     JUDGMENT

The claimant in M.C.O.P.No.105 of 2009 before the Motor Accident

Claims Tribunal, Tiruchengode is the appellant herein and he has

challenged the award only on the ground that the award is on the lower

side.

2. Heard the learned counsel on either side.

3. The appellant has suffered a fracture and was admitted in the

hospital for six days. He underwent a surgery and a steel plate was fixed.

The Doctor who was examined as PW2 has assessed the disability at 42%.

No reasons have been given for not considering the disability assessed by

the Doctor and reducing it to 25%. Therefore, compensation awarded under

the head of disability is fixed at Rs.2000/- per percentage and the disability

is assessed at 42% which works out to Rs.84,000/-. Further, considering the

injuries sustained it can be safely taken that the appellant would not have

work for atleast minimum of six months. Since he is working as an

agricultural coolie, the amount awarded under the head of loss of income for

six months would be enhanced to a sum of Rs.18.000/- (6 X Rs.3000/-). In

https://www.mhc.tn.gov.in/judis C.M.A.No.2149 of 2014

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:

S.No. Description Amount Amount Award awarded by awarded by confirmed Tribunal this Court or enhanced or granted or reduced 1 Loss of Earnings Rs. 9,000/- Rs. 18,000/- Enhanced 2 Transport to Rs. 1,000/- Rs. 1,000/- Confirmed Hospital 3 Extra Rs. 3,000/- Rs. 3,000/- Confirmed Nourishment 4 Damages to Rs. 1,000/- Rs. 1,000/- Confirmed clothing and article 5 Other Medical Rs. 35,720/- Rs. 35,720/- Confirmed Expenses 6 Compensation for Rs. 5,000/- Rs. 5,000/- Confirmed pain and sufferings 7 Compensation for Rs. 37,500/- Rs. 84,000/- Enhanced partial permanent disability and loss of earning power TOTAL Rs. 92,220/- Rs. 1,47,720/-

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

https://www.mhc.tn.gov.in/judis C.M.A.No.2149 of 2014

compensation of Rs.92,220/- awarded by the Tribunal is hereby Enhanced

to a sum of Rs.1,47,720/-. Therefore, the 2nd respondent / Insurance

Company is directed to deposit the enhanced amount of Rs.1,47,720/- to

the credit of M.C.O.P.No.105 of 2009 on the file of the Motor Accident

Claims Tribunal, Subordinate Judge, Tiruchengode, 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