Madras High Court
Perumal vs Mohammed on 26 April, 2023
C.M.A. (MD)No.269 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
C.M.A.(MD)No.269 of 2021
Perumal ...Appellant/Petitioner
Vs.
1.Mohammed
2.The Oriental Insurance Company Ltd.,
Regional Office,
North Railway Station,
Cochin-628 018. ...Respondents/Respondents
PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, to enhance the award passed in the judgment and decree dated
27.04.2019 made in M.C.O.P.No.28 of 2018 on the file of the Motor Accident
Claims Tribunal cum Chief Judicial Magistrate, Thoothukudi.
For Appellant : Mr.V.Jeyarani
For R2 : Mr.E.Chandrasekaran
JUDGMENT
The Civil Miscellaneous Appeal has been filed seeking enhancement of
compensation fixed by the Motor Accident Claims Tribunal /Chief Judicial
Magistrate, Thoothukudi in M.C.O.P.No.28 of 2018 dated 27.04.2019.
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C.M.A. (MD)No.269 of 2021
2.For the sake of convenience, the parties herein are referred to as per their
rank before the Trial Court.
3.The brief facts, leading to the filing of the claim petition, are as follows:-
(i)The injured claimant was travelling in a two wheeler bearing Registration
No.TN-69-AH-0091 on 01.09.2007 keeping left side of the road. At that time, the
lorry bearing Registration No.KA-01-AC-8095 came in a rash and negligent
manner and dashed against the two wheeler, as a result, he sustained several
injuries and he sustained 100% permanent disability. Therefore, he claimed a sum
of Rs.19 lakhs as compensation.
(ii)The second respondent before the Tribunal took a stand that the rider of
the two wheeler without any indication had suddenly crossed the road, as a result,
the accident had taken place.
4.Before the tribunal, on the side of the claimant P.W.1 was examined and
Ex.P1 to Ex.P16 were marked. On the side of the respondents R.W.1 was
examined and Ex.R1 was marked.
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C.M.A. (MD)No.269 of 2021
5.The tribunal after considering the entire oral and documentary evidence on
record, had fixed the negligence on the part of the offending vehicle and
considering the nature of disability awarded the compensation as follows:
S.No. Head Amount
1. Partial disability Rs.1,05,000/-
2. Loss of income Rs. 72,000/-
3. Simple injuries Rs. 12,000/-
4. Transportation, Nutritious Food and Rs. 25,000/-
Attendant charges
5. Pain and sufferings Rs. 75,000/-
6. Future prospects Rs.1,00,000/-
7. Vehicle damages Rs. 4,000/-
Total Rs.3,93,000/-
Challenging the same, the present Civil Miscellaneous Appeal had been filed by
the claimant seeking enhancement of compensation.
6.The learned counsel for the appellant would submit that the appellant is
totally immobilised and he sustained 100% functional disability as his total spinal
card was totally damaged and he lost his hearing capacity permanently. But the
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C.M.A. (MD)No.269 of 2021
Tribunal without considering all these aspects, had awarded the compensation as
stated above. Therefore, the compensation has to be enhanced.
7.On the basis of the above said submission, in an earlier occasion, this
Court had referred the appellant to the Medical Board, once again for assessing
disability. Pursuant to the same, the Medical Board assessed the disability of the
claimant and forwarded the said report to this Court. On perusal of the said report,
it could be seen that the appellant sustained 10% of permanent disability in respect
of fracture and hip and the said disability had also been surgically stabilized. The
report further indicates that there is no permanent hearing disability at present.
With regard to the injuries said to have been sustained by the claimant in his
forearm, the Medical Board assessed only 15%. The report further reads that the
claimant is able to walk and use his both hands freely.
8.The Medical Board had assessed the disability of the claimant only at
10%, whereas the Tribunal had calculated the disability at 35%. Further, the
Tribunal had awarded a sum of Rs.3,000/- per each disability. Therefore, this
Court is of the view that the contention of the learned counsel for the appellant
that the claimant had sustained total permanent disability cannot be countenanced.
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C.M.A. (MD)No.269 of 2021
The Tribunal already awarded the compensation for the future medical expenses
also. In view of the above, the compensation awarded by the Tribunal is well
reasonable and the same does not require any interference. Accordingly, this Civil
Miscellaneous Appeal is dismissed and the compensation awarded by the Tribunal
is hereby confirmed.
13.The Insurance Company is directed to deposit the compensation amount
as awarded by the Tribunal with interest and costs from the date of petition till the
date of realization to the credit of M.C.O.P.No.28 of 2018, on the file of the Motor
Accident Claims Tribunal /Chief Judicial Magistrate, Thoothukudi within a period
of one month from the date of receipt of a copy of this judgment, less the amount,
if any already deposited. On such deposit, the claimant is permitted to withdraw
the said amount, less the amount if any already withdrawn, by making necessary
application before the Tribunal. No costs.
26.04.2023
NCC : Yes / No
Index : Yes/No
Internet : Yes/No
ta
https://www.mhc.tn.gov.in/judis
C.M.A. (MD)No.269 of 2021
N.SATHISH KUMAR, J.
ta
To
1.The Motor Accident Claims Tribunal
Chief Judicial Magistrate, Thoothukudi.
2.The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
C.M.A.(MD)No.269 of 2021
26.04.2023
https://www.mhc.tn.gov.in/judis
