Ponnan vs Administrative Director
2023 Latest Caselaw 15548 Mad

Citation : 2023 Latest Caselaw 15548 Mad
Judgement Date : 1 December, 2023

Madras High Court

Ponnan vs Administrative Director on 1 December, 2023

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                              C.M.A.No.4140 of 2019

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 01.12.2023

                                                          CORAM

                                   THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                 C.M.A.No.4140 of 2019

                     Ponnan                                              ... Appellant

                                                            Vs.

                     1.Administrative Director
                       Fast Track Call Cab Private Ltd.

                     2.The Manager,
                       United India Insurance Company Ltd.,
                       Chennai District,
                       Chennai 600 014.                                  ... Respondents


                     Prayer:

                                  Civil Miscellaneous Appeal filed under Section 173 of the Motor

                     Vehicles Act, 1988, to set aside the award and judgment made in

                     M.C.O.P.No.180 of 2014 on the file of the Motor Accidents Claims

                     Tribunal cum Additional District Sessions Judge, Ariyalur District dated

                     06.12.2018.



                                      For Appellant    : Mr.K.P.P.Raja Raja Chozhan

                                      For Respondents : R1 – NRN
                                                        Mr.J.Chandran for R2


                     1/7

https://www.mhc.tn.gov.in/judis
                                                                                 C.M.A.No.4140 of 2019



                                                       JUDGMENT

This appeal has been filed seeking to set aside the judgment and

decree dated 06.12.2018 passed by the Motor Accidents Claims

Tribunal cum Additional District Sessions Judge, Ariyalur District, in

M.C.O.P.No.180 of 2014.

2.The learned counsel appearing for the appellant submitted that

on 20.02.2014 at about 5 hours in the early morning, the appellant

claimant transported sand in the bullock cart from Anaikkarai and

returned to his Village in Kumbakonam – Chennai Main Road in North

to South direction, opposite to Veerachozhapuram Chettiyar Provisional

Shop. At that time, a TATA Indica Manza Car bearing Registration

No.TN-01-AU-8383 belonging to the first respondent and insured with

the second respondent came in the same direction in a rash and

negligent manner and dashed against the bullock cart, due to which,

the appellant sustained injuries.

3.The learned counsel appearing for the appellant further

submitted that thereafter, the injured claimant/ appellant filed claim

petition before the Motor Accidents Claims Tribunal, claiming

compensation of Rs.10 Lakhs. Initially, the Tribunal passed exparte

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

order. Thereafter, the Insurance Company filed restoration petition

before the Tribunal and thereafter, the claim petition was restored.

Thereafter, the Tribunal passed the impugned award. The learned

counsel further submitted that the amount awarded by the Tribunal is

meagre and hence, the appellant claimant has filed this appeal for

enhancement of compensation.

4.The learned counsel appearing for the second respondent

Insurance Company submitted that the Tribunal after considering all

the factual aspects, awarded the compensation which is just and

reasonable and hence, the impugned judgment warrants no

interference.

5.Heard the learned counsel appearing for the appellant claimant

as well as the learned counsel appearing for the second respondent

Insurance Company and perused the materials available on record.

6.The accident and the manner in which the accident happened

are not disputed. This appeal has been filed only questioning the

quantum of compensation.

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

7.The tribunal after elaborately discussing the factual aspects

awarded a sum of Rs.1,80,000/- for disability, Rs.30,000/- for pain

and sufferings, Rs.30,000/- for loss of income, Rs.10,000/- for extra

nourishment, Rs.10,000/- for transportation expenses, Rs.10,000/- for

medical expenses, Rs.15,000/- for bullock cart, Rs.10,000/- for bullock

and arrived at a total compensation of Rs.2,86,000/- with interest at

the rate of 7.5% p.a. from the date of petition till the date of deposit

and costs and directed the second respondent to deposit the

compensation.

8.The Doctor has assessed the disability of the injured claimant

as 60%. Since the assessment of disability varies from Doctor to

Doctor, this Court fix the disability of the claimant as 50% and at the

relevant point of time Rs.4,000/- per percentage of disability was

awarded. Hence, amount awarded for disability works out to

Rs.2,00,000/- [50% X Rs.4,000/- = Rs.2,00,000/-]. The amount

awarded under the head pain and suffering, in the opinion of this Court

is low and this Court is inclined to enhance the amount awarded under

the said head. Accordingly, the amount awarded for pain and suffering

is enhanced to Rs.50,000/- from Rs.30,000/-. The amount awarded

under the heads extra nourishment and transport expenses are just

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

and reasonable and the same are confirmed. The amount awarded

under the head medical expenses is also confirmed. Since there is no

proof for income, the amount awarded under the head loss of income

is reduced to Rs.15,000/- from Rs.30,000/-. Since there is no damage

to the bullock cart or the bullock, the amount awarded under the said

heads are deleted.

9.Accordingly, the compensation amount is re-assessed as

follows:

S.No. Description Amount Awarded Amount Awarded by the Tribunal by this Court

1. Disability Rs.1,80,000/- Rs.2,00,000/-

2. Extra nourishment Rs. 10,000/- Rs. 10,000/-

3. Transport expenses Rs. 10,000/- Rs. 10,000/-

4. Loss of income Rs. 30,000/- Rs. 15,000/-

5. Medical expenses Rs. 1,000/- Rs. 1,000/-

6. Pain and sufferings Rs. 30,000/- Rs. 50,000/-

7. For bullock cart Rs. 15,000/- ---

8 For bullock Rs. 10,000/- ---

Total Rs.2,86,000/- Rs.2,86,000/-

10.The appellant claimant is entitled to total compensation of

Rs.2,86,000/- along with interest at the rate of 7.5% p.a. from the

date of petition till the date of deposit.

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

11.The civil miscellaneous appeal is accordingly disposed of. The

judgment and decree of the Motor Accidents Claims Tribunal cum

Additional District Sessions Judge, Ariyalur District in M.C.O.P.No.180

of 2014 dated 06.12.2018, is modified to the above extent. No costs.

12.The second respondent Insurance Company is directed to

deposit the modified award amount before the Tribunal within a period

of four weeks from the date of receipt of a copy of this judgment, less

the amount if any, already deposited. On such deposit being made,

the appellant/ claimant is permitted to withdraw the modified award

amount, along with accrued interest and costs, after deducting the

amount already withdrawn, if any, on making proper and necessary