Madras High Court
P.Kumar @ Anandakumar vs B.Saibeeran on 31 October, 2022
C.M.A.No.3035 of 2005
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.10.2022
CORAM:
THE HONOURABLE Ms. JUSTICE P.T.ASHA
C.M.A.No.3035 of 2005
P.Kumar @ Anandakumar ... Appellant
vs.
1.B.Saibeeran
2.S.Kachi Kussain
3.The Manager,
National Insurance Co-Ltd.,
Branch Office, 78, T.V.S. Street,
Erode-1.
4.R.Ramesh
5.A.Anbalagan
6.The New India Assurance Co-Ltd.,
Parimalan Complex,
11, EVN Road, Erode. ... Respondents
(Notice to the respondents 1,4 to 6 not necessary in this C.M.A)
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, against the Judgment and Decree dated 31.03.2005
made in M.C.O.P.No.263 of 2002 on the file of the Motor Accident Claims
Tribunal/ Principal Sub-Court, Erode.
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.No.3035 of 2005
For Appellant : Mr.N.Manokaran
For Respondents : Mr.D.Bhaskaran [R3]
R2 – Served – No Appearance
R1, R4 to R6 – Given up]
JUDGMENT
The claimant has filed the above appeal seeking an enhancement of
the award granted by the Motor Accident Claims Tribunal, Principal Sub-
Court, Erode in M.C.O.P.No.263 of 2002.
2. The said accident had taken place on 25.08.2001. The Tribunal has
granted a total compensation of a sum of Rs.95,000/-.
3. The claimant had suffered injuries in a road accident on the said
date and on account of the injuries sustained by him there is a shortening of
the right leg by 4 inches. The learned counsel for the appellant/claimant
would therefore submit that on considering the injuries and the shortening
of the leg, the Tribunal ought to have adopted a multiplier method and
granted compensation. That apart, compensation under the head of pain and
suffering and other heads are on the lower side which has to be enhanced.
https://www.mhc.tn.gov.in/judis
C.M.A.No.3035 of 2005
4. However, the learned counsel appearing for the 3rd respondent /
Insurance Company would submit that the accident had taken place in the
year 2001, at that time, the multiplier method and percentage method had
not been adopted. He would further submit that the Tribunal has assessed
disability and granted the compensation at the relevant period of time.
5. Admittedly, the claimant has suffered shortening of the leg on
account of the accident for which only a sum of Rs.35,000/- has been
granted, the same is increased to Rs.1,00,000/-. Consequently, the
compensation granted under the head of loss of earning capacity is deleted.
The Tribunal has granted adequate amounts under the head of Medical
Expenses and Pain and Sufferings and therefore, the said figures remains
unaltered. The claimant would have been unable to work atleast for a period
of three months, only a sum of Rs.10,000/- was granted under this head, the
same is increased to Rs.20,000/-. Therefore, the Compensation awarded by
the Tribunal is reworked as below:
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C.M.A.No.3035 of 2005
S.No. Description Amount Amount Award
awarded by awarded by confirmed
Tribunal this Court or
enhanced
or granted
or reduced
1 Pain and Rs. 20,000/- Rs. 20,000/- Confirmed
Sufferings
2 Permanent Rs. 35,000/- Rs.1,00,000/- Enhanced
Disability
3 Loss of Income Rs. 10,000/- Rs. 20,000/- Confirmed
4 Loss of earning Rs. 20,000/- Nil Rejected
capacity
5 Medical Expenses Rs.10,000/- Rs. 10,000/- Confirmed
TOTAL Rs.95,000/- Rs.1,50,000/-
6. In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation of Rs.95,000/- awarded by the Tribunal is hereby
Enhanced to a sum of Rs.1,50,000/-. Therefore, the respondents 1 to 3 are
directed to deposit jointly or severally the enhanced amount of
Rs.1,50,000/- to the credit of M.C.O.P.No.263 of 2002 on the file of the
Motor Accident Claims Tribunal / Principal Sub-Court, Erode, together
with interest @ 9% 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.
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C.M.A.No.3035 of 2005
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,
Principal Sub-Court,
Erode.
2.The Section Officer,
V.R.Section, High Court of Madras,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.3035 of 2005
P.T.ASHA, J.,
ssn
C.M.A.No.3035 of 2005
31.10.2022
https://www.mhc.tn.gov.in/judis
