Madras High Court
G.Vijayakumar vs M/S.Sri Raja Rajeswari Lorry ... on 18 April, 2023
C.M.A.No.193 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.04.2023
CORAM
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
C.M.A.No.193 of 2019
G.Vijayakumar .. Appellant
Vs.
1. M/s.Sri Raja Rajeswari Lorry Service
Thayar Sahib Street, Mount Road
Madras-2.
2.The Oriental Insurance Company Limited
Divisional Office, Cherry Road
Salem-1.
3.V.R.Ragunathan ..Respondents
Prayer: The Civil Miscellaneous Appeal is preferred under Section 173 of the
Motor Vehicles Act, 1988, against the Award dated 29.11.2001 made in
MCOP No.711 of 1997 on the file of the Motor Accident Claims Tribunal/I
Additional District Judge cum Chief Judicial Magistrate, Salem.
1/9
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C.M.A.No.193 of 2019
For Appellant : Mr.K.Selvaraj
For Respondents : Mr.M.Krishnamoorthy for R2
JUDGMENT
The Award dated 29.11.2001 passed in MCOP No.711 of 1997 on
the file of the Motor Accident Claims Tribunal/ I Additional District Judge
cum Chief Judicial Magistrate, Salem, is under challenge in the present Civil
Miscellaneous Appeal.
2. The Motor Accidents Claim Tribunal, under the impugned award,
has awarded a compensation of Rs.1,11,130/- together with interest and
costs to the Appellant/claimant which is detailed hereunder:
Heads Award Amount
(Rs.)
Medical Expenses 47,130/-
Pain and suffering 5,000/-
Permanent disability 49,000/-
Marital Life affected 10,000/-
Total 1,11,130/-
3. Before the Tribunal, the Appellant/claimant has filed 9 documents
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C.M.A.No.193 of 2019
which were marked as Ex.P1 to Ex.P9 and examined himself as PW1 and
the Doctor, who examined the claimant as PW2. On the side of the 2nd
respondent/Insurance Company, neither any document was filed nor any
witness examined before the Tribunal. The 1st respondent/owner of the
vehicle was set exparte.
4. The learned counsel appearing on behalf of the appellant mainly
contended that the compensation awarded by the Motor Accident Claims
Tribunal is not in commensuration with the grievousness of the injuries
sustained by the appellant/claimant. The appellant/claimant sustained
grievous injuries and dislocation of left elbow due to the accident and had
taken treatment as inpatient for a period of one month. After the accident,
the appellant could not lift any things with the help of his left hand and the
permanent disability caused to the appellant would definitely affect his
marriage. He further contended that the Tribunal has failed to award any
amount under the heads of extra nourishment and damage to cycle and also
the compensation awarded under the heads of pain and suffering and martial
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C.M.A.No.193 of 2019
life affected is very meagre and hence, he prays to enhance the award.
5. The learned counsel appearing on behalf of the second
respondent/Insurance Company disputed the said contention of the
appellant/claimant by stating that based on the oral and documentary
evidence adduced, the Tribunal has rightly awarded a reasonable
compensation and therefore, there is no need to interfere with the said
finding of the Tribunal. Thus, the award given by the Tribunal is to be
confirmed and the appeal is to be dismissed.
6. The accident occurred on 08.03.1997 at about 4.30 p.m at Salem
to Sankari Road, near Thiruchengode - Erode Road, near Kakkapalayam
Mani Gounder hoyse. The Macdonald Choultry police station registered a
case in Crime No.290 of 1997 under Sections 279 and 338 of IPC. The
appellant/claimant sustained grievous injuries viz., i) crush injury on right
hand, ii) dislocated bone, loss of 3 fingers, iii) left elbow dislocated, right
tibia fracture. The Tribunal adjudicated the issues with reference to the
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C.M.A.No.193 of 2019
documents and evidences produced by the respective parties. The
negligence was attributed against the driver of the lorry, which belongs to
the 1st respondent herein. The findings of the Tribunal is that the lorry
driver had driven the vehicle in a rash and negligent manner which resulted
in an accident.
7. A perusal of Ex.P3 discharge summary would reveal that the
appellant/claimant sustained grievous injuries viz., i) crush injury on right
hand, ii) dislocated bone, loss of 3 fingers, iii) left elbow dislocated, right
tibia fracture and he had taken treatment at Gobi Memorial Hospital, Salem
for about one month. The learned counsel for the appellant/claimant mainly
contended that after the accident, his left thumb has been removed and due
to which, the appellant could not lift any things with the help of his left
hand. In such circumstances, the compensation awarded by the Tribunal
under the head of pain and suffering is very low. Hence, considering the
period of treatment, nature of injury and the age of the claimant, pain and
suffering is enhanced to Rs.10,000/- which would be reasonable. The
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C.M.A.No.193 of 2019
Tribunal has not awarded any amount under the head of extra nourishment
and damages to cycle. In the considered view of this Court, it would be
appropriate to award a compensation of Rs.5,000/- towards extra
nourishment and Rs.1000/- towards damages to cycle.
8. Insofar as the other heads of the compensation are concerned, the
assessment of the compensation under the said heads by the Tribunal is a
just compensation and it does not call for any interference by this Court.
9. For the foregoing reasons, the award passed by the Tribunal is
modified as follows:
Heads Amount awarded Award Amount
by the Tribunal by this Court
(Rs.) (Rs.)
Medical Expenses 47,130/- 47,130/-
Pain and suffering 5,000/- 10,000/-
Permanent disability 49,000/- 49,000/-
Marital Life affected 10,000/- 10,000/-
Extra Nourishment Nil 5,000/-
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C.M.A.No.193 of 2019
Heads Amount awarded Award Amount
by the Tribunal by this Court
(Rs.) (Rs.)
Damage to cycle Nil 1,000/-
Total 1,11,130/- 1,22,130/-
Accordingly, the claimant is entitled to a compensation of Rs.1,22,130/-
(Rupees one lakh twenty two thousand one hundred and thirty only) along
with interest at the rate of 9% per annum from the date of claim petition till
the date of realization.
10. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed and the award
passed by the Tribunal is enhanced from Rs.1,11,130/- to Rs.1,22,130 /-. No
costs.
(ii) The second respondent/insurance company is directed to deposit
the revised compensation of Rs.1,22,130/- with interest at the rate of 9% p.a.
from the date of claim petition till the date of realization, less the amount if
already deposited, within a period of six weeks from the date of receipt of a
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C.M.A.No.193 of 2019
copy of this judgment.
(iii) On such deposit being made, the Tribunal is directed to transfer
the award amount to the bank account of the appellant along with accrued
interest through RTGS within a period of two weeks thereafter.
18.04.2023
Index : Yes/No
Speaking Order/Non-Speaking Order
uma
To
1.The Motor Accident Claims Tribunal,
I Additional District Judge cum
Chief Judicial Magistrate
Salem.
2.The Section Officer,
V.R Section,
High Court, Madras.
A.A.NAKKIRAN, J.
uma
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C.M.A.No.193 of 2019
C.M.A.No.193 of 2019
18.04.2023
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