Madras High Court
M.Balu vs N.Vijaya Babu on 15 September, 2022
C.M.A.No.2262 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.09.2022
CORAM:
THE HONOURABLE Ms. JUSTICE P.T.ASHA
C.M.A. No.2262 of 2012
M.Balu ... Appellant
vs.
1.N.Vijaya Babu
(1st Respondent ex-parte in Lower Court.
Hence notice to 1st Respondent may be dispensed with.)
2.M/s.Reliance Gen Ins.Co.Ltd.
No.23-24, Heavytree Buildings,
Spurtank Road, Chennai-600 031. ... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, against the Judgment and Decree dated 20.02.2012
made in M.C.O.P.No.1041 of 2009 on the file of the Fast Track Court-IV,
Additional District and Sessions Judge, Chennai.
For Appellants : Mr.K.Sivakumar
For 1st Respondent : Notice dispensed with vide EB
For 2nd Respondent : Mr.Arunkumar
JUDGMENT
The claimant in M.C.O.P. No.1041 of 2009 on the file of the Fast
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C.M.A.No.2262 of 2012
Track Court-IV, Additional District and Sessions Judge, Chennai is the
appellant before this Court seeking enhancement of the compensation
awarded by the Tribunal below.
2. The brief facts are as follows:
The appellant has claimed a compensation for a sum of Rs.7,00,000/-
for the injury sustained by him in a road accident on 12.03.2009 involving
the motor cycle belonging to the 1st respondent and insured with the 2nd
respondent. He would submit that he is an auto driver aged about 32 years
and earning an income of Rs.400/- per day. He would state that he had
suffered grievous injuries to the head and spine as a result of the said
accident. He has also suffered a complete loss of hearing in the left ear and
partial loss of hearing in the right ear and also multiple injuries all over the
body.
3. The 1st respondent remained ex-parte in the Lower Court and the
2nd respondent - Insurance Company has filed a counter denying the nature
of the accident as set out by the appellant stating that the driver of the 1st
respondent vehicle was very careful while driving and the negligence of the
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C.M.A.No.2262 of 2012
appellant has resulted in the accident.
4. The Tribunal below after considering the evidence on record held
that the 1st respondent was responsible for the accident and therefore the
respondents 1 and 2 will liable to pay compensation to the appellant.
5. While dealing with the issue of the quantum of compensation, the
Tribunal has taken into account the Disability Certificate that has been issued
by the Doctors and which have been marked as Ex.P.11 and Ex.P.13 apart
from the discharge summary Ex.P.4 and the audiogram reports Ex.P.6 and
Ex.P.7 assessing the disability at 70% towards hearing impairment and 50%
towards the head injury. The Disability Certificate has been assessed by
P.W.2 and P.W.3 who apart from giving the Disability Certificate have also
adduced evidence. The Tribunal has awarded only a sum of Rs.50,000/-
towards injury, Rs.20,000/- towards treatment and other expenses and a sum
of Rs.1,60,0060/- towards pain and suffering, thereby awarded a total
compensation of Rs.2,30,000/-. Aggrieved by the said order, the
appellant/claimant is before this Court seeking an enhancement.
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C.M.A.No.2262 of 2012
6. Heard the learned counsel for the appellant and the learned counsel
for the 2nd respondent / Insurance Company and perused the materials
available on record.
7. A perusal of the records and the order of the Tribunal would clearly
show that by reason of the accident, the appellant has sustained a severe
head injury and injuries to the ear which has rendered him with a total loss of
hearing in the left ear and partial loss of hearing in right ear. The appellant is
a driver by profession, the loss of hearing would definitely affect his future
earning capacity. Therefore, the amount granted towards injuries has to be
enhanced to a sum of Rs.1,00,000/-, the amount granted towards medical and
other expenses shall remain unaltered. Apart from that, the appellant is
entitled to a sum of Rs.10,000/- towards transportation and a sum of
Rs.10,000/- towards extra nourishment. Therefore, the Compensation
awarded by the Tribunal is reworked as below:
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C.M.A.No.2262 of 2012
S.No. Description Amount Amount Award
awarded by awarded by confirmed
Tribunal this Court or
enhanced
or granted
or reduced
1 Injuries Rs. 50,000/- Rs. 1,00,000/- Enhanced
2 Treatment and Rs. 20,000/- Rs. 20,000/- Confirmed
Other Expenses
3 Pain and Suffering Rs. 1,60,000/- Rs. 1,60,000/- Confirmed
4 Transportation - Rs. 10,000/- Granted
5 Extra Nourishment - Rs. 10,000/- Granted
TOTAL Rs. 2,30,000/- Rs. 3,00,000/-
8. In the result, this Civil Miscellaneous Appeal is allowed and the
compensation of Rs.2,30,000/- awarded by the Tribunal is hereby Enhanced
to a sum of Rs.3,00,000/-. Therefore, the 2nd respondent / Insurance
Company is directed to deposit the enhanced amount of Rs.3,00,000/- to the
credit of M.C.O.P.No.1041 of 2009 on the file of the Motor Accident Claims
Tribunal, Fast Track Court-IV, Additional District and Sessions Judge,
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
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C.M.A.No.2262 of 2012
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.
15.09.2022
Index : Yes/No
Speaking / Non-speaking order
ssn/ mka
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C.M.A.No.2262 of 2012
To:
1. The Additional District and Sessions Judge,
Fast Track Court-IV,
Chennai.
2. The Section Officer,
V.R.Section,
High Court of Madras,
Chennai.
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C.M.A.No.2262 of 2012
P.T.ASHA, J.,
ssn/mka
C.M.A. No.2262 of 2012
15.09.2022
https://www.mhc.tn.gov.in/judis
