Madras High Court
D.Kokila vs M/S.Bookcraft Publishing ... on 31 October, 2022
C.M.A.No.3571 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.10.2022
CORAM:
THE HONOURABLE Ms. JUSTICE P.T.ASHA
C.M.A.No.3571 of 2014
D.Kokila ... Appellant
vs.
1.M/s.Bookcraft Publishing Services India Pvt. Ltd.,
No.10/241, 1st Floor,
St.Marys Road, Mandaveli,
Chennai-600 028.
2. Royal Sundaram Alliance Insurance Co. Ltd.,
No.21, Patullos Road,
Chennai-600 002. ... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, against the Judgment and Decree in M.C.O.P.No.3680
of 2012 dated 08.04.2014 on the file of IV Judge, Small Causes Court
(Motor Accident Claims Tribunal), Chennai.
For Appellant : Mr.K.A.Ravindran
For Respondents : Ms.Harini,
for M/s.N.Vijayaraghavan [R2]
R1 – Ex-parte
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.No.3571 of 2014
JUDGMENT
The claimant before the Motor Accident Claims Tribunal in
M.C.O.P.No.3680 of 2012 has filed the above appeal seeking enhancement
of the award granted by the tribunal below. She had sustained injuries in a
road accident on 04.09.2011 while she was walking along the Jan janikhan
Road, Triplicane in a south to north direction. The driver of the car bearing
Reg.No.TN-06-C-7673 belonging to the 1st respondent had driven the
vehicle in a rash and negligent manner and hit the petitioner on the rear, as
a result of which the petitioner sustained grievous injuries and therefore,
the petitioner claimed compensation of Rs.4,00,000/-.
2. It is the case of the petitioner that she had suffered fracture in three
places on her right leg above the ankle. To prove the same, she had
produced Ex.P5 Discharge Summary issued by Government Royapettah
Hospital which shows that she had sustained trimalleolar fracture of right
ankle and was treated as inpatient from 04.09.2011 to 27.09.2011 and
undergone surgery thereby ORIF. The Doctor has been examined as PW3
though he had assessed the disability at 55%, he has deposed that the injury
sustained by her was not a scheduled injury.
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C.M.A.No.3571 of 2014
3. The Tribunal has assessed the disability at 50% and had adopted a
notional income of Rs.40,000/- per annum and ultimately awarded a sum of
Rs.73,333/- towards pecuniary loss. Though she has been admitted in the
hospital for about 23 days, and had undergone a surgery, only an amount of
Rs.5,000/- was granted under the head of pain and sufferings and
Rs.30,000/- was granted towards loss of income. The learned counsel for
the claimant would also submit that the Tribunal ought to have adopted a
higher notional income and increased the pecuniary loss.
4. The learned counsel for the insurance company would however
submit that the Tribunal has rightly assessed the compensation and there
was no necessity to enhance the same.
5. Heard the learned counsel on either side and perused the materials
on record.
6. The amount granted under the head of pecuniary loss appears to be
reasonable. However, taking into consideration the period of hospitalisation
and the injuries sustained, the amount awarded under the head of pain and
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C.M.A.No.3571 of 2014
sufferings is increased to Rs.15,000/- and loss of income to Rs.40,000/-. 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:
S.No. Description Amount Amount Award
awarded by awarded by confirmed
Tribunal this Court or
enhanced
or granted
or reduced
1 Pecuniary Loss Rs. 73,333/- Rs.73,333/- Confirmed
2 Loss of Income Rs. 30,000/- Rs.40,000/- Enhanced
3 Medical Expenses Rs. 10,000/- Rs.10,000/- Confirmed
4 Pain and Rs. 5,000/- Rs.15,000/- Enhanced
Sufferings
TOTAL Rs.1,18,333/- Rs.1,38,333/-
Rounded off to Rs.1,18,400/- Rs.1,38,400/-
7. In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation of Rs.1,18,400/- awarded by the Tribunal is hereby
Enhanced to a sum of Rs.1,38,400/-. Therefore, the 2nd respondent /
Insurance Company is directed to deposit the enhanced amount of
Rs.1,38,400/- to the credit of M.C.O.P.No.3680 of 2012 on the file of the
Motor Accident Claims Tribunal, IV Judge, Small Causes Court, Chennai,
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C.M.A.No.3571 of 2014
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.
31.10.2022
Index : Yes/No
Speaking / Non-speaking order
ssn
To:
1. The Motor Accident Claims Tribunal,
IV Judge, Small Causes Court,
Chennai.
2. The Section Officer,
V.R.Section,
High Court of Madras,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.3571 of 2014
P.T.ASHA, J.,
ssn
C.M.A.No.3571 of 2014
31.10.2022
https://www.mhc.tn.gov.in/judis
