Madras High Court
Rajendran vs Sumathi on 22 December, 2023
Author: M.Dhandapani
Bench: M.Dhandapani
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
C.M.A.No.1187 of 2021
Rajendran .. Appellant/Claimant
Vs.
1. Sumathi
2. Reliance General Insurance Co. Ltd.,
Raiz Towers, II Floor, Second Avenue,
GRT Jewellers, Anna Nagar, Chennai-40.
.. Respondents/Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, to allow the appeal and enhance the compensation in
MCOP. No.1742 of 2014 dated 17.07.2020 on the file of the Motor Accidents
Claims Tribunal/Ist Additional Sub Curt, Cuddalore.
For Appellant : Mr.Ramya V.Rao
For Respondents : Mrs.C.Bhavanasundari R2
R1 – No appearance
JUDGMENT
This appeal has been filed by the appellant/claimant seeking
enhancement of the compensation awarded by the Motor Accident Claims
Tribunal, Tiruchengode vide order dated 17.07.2020.
https://www.mhc.tn.gov.in/judis
2. The brief facts of the case are as hereunder :-
On 28.04.2014 at about 17.30 hours, when the appellant was standing
near Venkateswara Water Service Perperiyankuppam, at that time, the first
respondents Tata Indica Car bearing Registration No.TN 31 BX 5659 came in
rash and negligent manner and dashed against the appellant. As a result, the
appellant was sustained injuries. Alleging that the accident was due to
negligent driving of the driver of the car, the appellant/claimant has filed a
claim Petition before the Motor Accidents Claims Tribunal, Cuddalore under
Section 166 of the Motor Vehicle Act, claiming compensation of
Rs.6,00,000/- against the owner of the car and its insurer and the same was
taken on file in MCOP. No.1742 of 2014.
3. Before the Tribunal, during trial, in order to prove the case of the
claimant, he himself has examined as witness and marked 8 documents viz.,
Exs.P1 to P8. On the side of the respondent, one witness was examined and
two documents were marked. The Tribunal, after hearing the arguments on
either side and after considering the oral and documentary evidences, has
come to the conclusion that the accident occurred only due to negligent
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driving of the driver of the car. As the first respondent's car was insured with
the second respondent insurance company, the Tribunal held that the second
respondent is liable to compensate the claimant. After considering the oral and
documentary evidence, the Tribunal has awarded a sum of Rs.51,500/- as
compensation to the claimant with interest at the rate of 7.5% per annum from
the date of petition till the date of realization.
4. Aggrieved by the said award dated 17.07.2020, the
appellant/claimant has filed this appeal before this Court for enhancement of
the compensation.
5. The learned Counsel for the appellant submitted that admittedly, at
the relevant point of time, the Doctor, who treated the appellant, has assessed
the disability at 3% and the Tribunal has awarded only Rs.3,000/- per
percentage towards disability, which is very meager. The appellant has
suffered grievous injuries and the Doctor has wrongly assessed the disability,
which warrants interference. Further, the other heads awarded by the Tribunal
is also meager and he prays for enhancement of the compensation.
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6. The learned counsel for the second respondent Insurance Company
submitted that the award amount passed by the Tribunal is excessive. Hence,
the learned counsel prayed to dismiss the order of the Tribunal.
7.Heard the learned counsel for the appellant/claimant as well as the
learned counsel for the respondent Insurance Company and also perused the
materials available on record.
8. It is fairly submitted that the claimant has suffered 3% as partial
permanent disability and he was taken treatment for one day and the
appellant has not produced any medical bills for the treatment taken by him.
The Labour Court has rightly awarded for a sum of Rs.9,000/- [3% x 3,000]
for disability, which cannot be interfered with. The accident had happened in
the year 2014 and the Tribunal has awarded Rs.15,000/- for pain and
suffering, which is sustained and this Court is inclined to enhance the same to
Rs.50,000/-, which the appellant is entitled for. Further, the amount of
Rs.5,000/- and Rs.500/- towards extra nourishment and attender charges are
very meager and this Court enhances the same to Rs.15,000/- and Rs.5,000/-
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respectively. The Tribunal has awarded Rs.9,000/- for temporary loss of
income which is very less and this Court is inclined to enhance the same for a
sum of Rs.12,000/-. The other heads awarded by the Tribunal are just and
reasonable.
9. The amount of compensation is modified as follows:
Amount Amount awarded
Sl.No. Description awarded by the
Tribunal (Rs.) by this Court (Rs.)
1 Loss of disability 9,000 9,000
Pain and
2 15,000 50,000
sufferings
3 Loss of amenities 10,000 10,000
4 Extra nourishment 5,000 15,000
5 Attender charges 500 5000
6 Transportation 3,000 3,000
Temporary Loss
7 9,000 12,000
of income
Total 51,500/- 1,04,000/-
10. With the above modification, the appeal is allowed and the
compensation awarded by the Tribunal at Rs.51,500/- is hereby enhanced to
Rs.1,04,000/-, with interest at the rate of 7.5% per annum from the date of
petition till the date of realization. The second respondent is directed to
deposit the enhanced amount with interest, less the amount already deposited,
if any, within a period of six weeks from the date of receipt of a copy of this
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order. On such deposit, the appellant is permitted to withdraw the award
amount with interest, by filing necessary applications before the Tribunal. No
costs.
22.12.2023
Index : Yes / No
Speaking Order : Yes/ No
rli
To
The Motor Accident Claims Tribunal, Cuddalore
https://www.mhc.tn.gov.in/judis
M.DHANDAPANI.,J.
rli
22.12.2023
https://www.mhc.tn.gov.in/judis
