Madras High Court
M.Pandian vs S.Mahadevan on 8 December, 2023
Author: N.Seshasayee
Bench: N.Seshasayee
C.M.A.No.2788 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.12.2023
CORAM
MR.JUSTICE N.SESHASAYEE
C.M.A.No.2788 of 2023
M.Pandian ... Appellant
Vs.
1.S.Mahadevan
2.Reliance General Insurance Co. Ltd.,
Reliance House, 4th Floor,
No.6, Haddows Road,
Nungambakkam, Chennai-600 034.
... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Acct, 1988, seeking to enhance the compensation in MCOP.No.5524
of 2018, dated 11.11.2022 on the file of the Motor Accidents Claims Tribunal /
V Court of Small Causes, Chennai.
For Appellant : Ms.Ramya V. Rao
For Respondents : Mr.G.Sukumari for R2
JUDGMENT
The appellant herein is the victim of an road accident when a two wheeler
bearing No.TN 03 S 1704, of which he was a pillion rider at the time of the
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accident that took place on 25.08.2018, has approached this Court seeking
enhancement of compensation.
2.The first respondent, owner of the vehicle remained ex parte before the
Tribunal. Since the claimant seeks enhancement of compensation, this Court
considers that notice to the first respondent is not necessary.
3.The appellant was aged about 55 years at the time of the accident and he
suffered a fracture to his right proximal Tibia. His injury has been surgically
corrected and he was hospitalized for two spells of 10 days. The appellant is a
real estate broker, and after the accident, he hardly could walk or stand for long
hours which his profession demands. He approached the Tribunal seeking
compensation. The Tribunal has granted a total compensation of Rs.3,08,300/-,
of which the major compensation awarded for permanent disability. Here, the
Tribunal has taken into account Ex.C1, the certificate issued by the Medical
Board, which has determined the disability of the appellant at 30%. Indeed, the
Tribunal had awarded Rs.5,000/- for every percentage of disability. The other
breakup will be indicated in the table below:
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Sl. Description Amount awarded by Tribunal
No. (Rs)
1. Disability Rs.1,50,000/-
2. Medical expenses Rs.1,300/-
3. Future medical Rs.35,000/-
expenses
4. Loss of income Rs.26,000/-
5. Pain and suffering & Rs.30,000/-
mental agony
6. Transportation Rs.10,000/-
expenses
7. Nutrition expenses Rs.20,000/-
8. Damages to clothes Rs.1,000/-
9. Attender charges Rs.5,000/-
10. Loss of amenities Rs.30,000/-
Total Rs.3,08,300/-
Aggrieved by the award, the victim of the accident is now before this Court.
4.Heard Ms.Ramya V.Rao, the learned counsel for the appellant and
Ms.G.Sukumari, the learned counsel appearing for the second respondent.
5.The learned counsel for the appellant submitted that inasmuch as the
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appellant continues to suffer pain to his right knee and ankle, due to the injury
suffered, the Tribunal has not adequately compensated him on certain non-
pecuniary heads of compensation. The learned counsel for the second
respondent, however supported the award along the line of reasoning of the
Tribunal.
6.It is not a case where the compensation awarded by the Tribunal on the head
of disability is in serious contest. However, given the nature of injuries suffered
and the difficulty expressed, which cannot be homogeneous among all those
who have suffered same injuries, this Court necessarily requires to enhance the
compensation paid on non-pecuniary heads of compensation suitably as
indicated in the tabulation below:
Sl. Description Amount awarded Amount Award
No by Tribunal awarded by this confirmed or
Court enhanced or
granted
1. Disability Rs.1,50,000/- Rs.1,50,000/- confirmed
= 5,000 x 30
(Rs.5,000/- for each
percent)
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2. Medical Rs.1,300/- Rs.1,300/- confirmed
expenses
3. Future Rs.35,000/- Rs.35,000/- confirmed
medical
expenses
4. Loss of Rs.26,000/- Rs.78,000/- enhanced
income (13,000 x 2) (13,000 x 6)
5. Pain and Rs.30,000/- Rs.50,000/- enhanced
suffering &
mental agony
6. Transportation Rs.10,000/- Rs.10,000/- confirmed
expenses
7. Nutrition Rs.20,000/- Rs.20,000/- confirmed
expenses
8. Damages to Rs.1,000/- Rs.1,000/- confirmed
clothes
9. Attender Rs.5,000/- Rs.15,000/- enhanced
charges
10. Loss of Rs.30,000/- Rs.50,000/- enhanced
amenities
Grand Total Rs.3,08,300/- Rs.4,10,300/- Enhanced by
Rs.1,02,000/-
7.The appeal stands partly allowed and the compensation is enhanced from
Rs.3,08,300/- to Rs.1,02,000/-. The second respondent / insurance company is
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N.SESHASAYEE, J.
Anu
stated to have deposited the entire compensation amount before the Tribunal. It
is now required to deposit the differential sum with interest at 7.5% per annum
from the date of the claim petition till the date of deposit, less interest for 131
days, within the period of six (6) weeks from the date of receipt of a copy of
this judgment. On such deposit being made, the appellant is permitted to
withdraw the award amount, along with proportionate interest and costs as
awarded by the Tribunal, less, the amount, if any already withdrawn. The
appellant is directed to pay the necessary Court Fee, if any, on the enhanced
award amount. No Costs.
08.12.2023
Anu
Index: Yes/No
Speaking Order / Non-Speaking Order
Neutral Citation: Yes / No
To
The Motor Accidents Claims Tribunal / V Court of Small Causes, Chennai.
https://www.mhc.tn.gov.in/judis
