Vijaya vs Kannan
2023 Latest Caselaw 10629 Mad

                                                                                 C.M.A.No.1819 of 2023

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 17.08.2023

                                                          CORAM :

                                  THE HONOURABLE MR. JUSTICE SUNDER MOHAN

                                                   C.M.A.No.1819 of 2023
                     Vijaya                                                            ... Appellant

                                                            Versus

                     1.Kannan

                     2.The National Insurance Co., Ltd.,
                       Motor Third Party Claims Office,
                       No.751, Anna Salai,
                       Chennai – 600 002.
                       Now running at No.66, Greams Road,
                       Chennai-6.                                                   ... Respondents

                     PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, against the judgment and decree dated 04.01.2022
                     passed in M.C.O.P.No.4265 of 2014, by the Motor Accident Claims
                     Tribunal, VI Judge, Court of Small Causes, Chennai.
                                        For Appellant           : Ms.G.Anitha


                                                          JUDGMENT

This appeal has been filed by the claimant seeking enhancement of

compensation awarded by the Tribunal in M.C.O.P.No.4265 of 2014

dated 04.01.2022.

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C.M.A.No.1819 of 2023

2.The claim petition was filed stating that on 08.09.2011, at about

03.45 hrs., when the appellant was lying along with Besant Nagar Road,

near Astalakshmi Temple, the car bearing Registration No.TN-02-AK-

9177, driven by the driver in a rash and negligent manner, dashed against

the appellant and caused grievous injuries. Thus, she was entitled for

compensation.

3.The respondent 1 and 2 remained ex-parte before the Tribunal

and hence ex-parte order was passed against them.

4.Before the Tribunal, the appellant/claimant examined herself as

P.W.1 and marked Ex.P.1 to Ex.P.6. The certificate issued by the

Government Royapettah Hospital, Chennai was marked as Ex.C1.

5.The Tribunal after considering the oral and documentary

evidence held that the accident occurred due to the rash and negligent

driving by the driver of the car and directed both the 2nd

respondent/Insurance Company to pay the compensation of Rs.3,54,000/-

, to the appellant/claimant.

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C.M.A.No.1819 of 2023

6.Heard the learned counsel for the appellant and perused the

materials available on record.

7.The only the question in the instant appeal is whether the

Tribunal was right in awarding compensation on the basis of evidence let

in by the appellant/claimant.

8.From the perusal of records, it is seen that the appellant had

suffered a fracture of radius and ulna left. The appellant was examined by

the Medical Board which assessed the disability as 14%. The Tribunal

had awarded a compensation by adopting multiplier method. The

notional income fixed by the Tribunal was Rs.9000/- and the Tribunal

had also added 25% towards future prospects. The compensation under

the head disability awarded by the Tribunal was Rs.2,64,600/-. This

Court is of the view that the compensation awarded by the Tribunal is

just and reasonable. Further, the compensation under the head such as

loss of income, loss of amenities and all other heads are just and

reasonable, considering the nature of injuries and disability suffered by

the appellant. The learned counsel for the appellant is unable to point any https://www.mhc.tn.gov.in/judis

C.M.A.No.1819 of 2023

infirmity in the finding of the Tribunal. Therefore, this appeal is liable to

be dismissed.

9.In the result, this Civil Miscellaneous Appeal is dismissed

confirming the judgment and decree dated 04.01.2022 made in

M.C.O.P.No.4265 of 2014 on the file of the Motor Accident Claims

Tribunal, VI Judge, Court of Small Causes. The 2nd respondent /

Insurance Company is directed to deposit the award along with interest

and cost, within a period of six (6) weeks from the date of receipt of a

copy of this judgment. On such deposit, the appellant is permitted to

withdraw the award amount along with interest and cost, less the amount

already withdrawn, if any. No costs.

17.08.2023 rst Index: Yes/No Speaking Order / Non-Speaking Order Neutral Citation: Yes / No To:

1.The Motor Vehicle Accident Tribunal, VI Judge, Court of Small Causes, Chennai.

2.The Section Officer, V.R. Section, High Court, Madras.

https://www.mhc.tn.gov.in/judis

C.M.A.No.1819 of 2023

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C.M.A.No.1819 of 2023

SUNDER MOHAN, J.

rst

C.M.A. No.1819 of 2023

17.08.2023

https://www.mhc.tn.gov.in/judis