Selvaraji vs M.Prabu
2023 Latest Caselaw 17583 Mad

Madras High Court

Selvaraji vs M.Prabu on 22 December, 2023

Author: N.Seshasayee

Bench: N.Seshasayee

                                                                                CMA.No.2736 of 2023

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 22.12.2023

                                         CORAM: JUSTICE N.SESHASAYEE

                                                  CMA.No.2736 of 2023

                     Selvaraji                                                     ... Appellant

                                                             -Vs-

                     1.M.Prabu
                     2.The Chief Manager,
                       Sri Ram General Insurance Co., Ltd.,
                       1st Floor, Plot No.5, Ramachandran Street,
                       Saravana Nagar, Seevaram,
                       Perungudi, Chennai.                                        ...Respondents


                     Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                     Vehicles     Act,    1988,    against     the   Judgment    and   Decree      in
                     M.C.O.P.No.1679 of 2016 dt.16.02.2023 on the file of the Motor
                     Accident Claims Tribunal/II Additional Subordinate Judge, Cuddalore.


                                   For Appellant         : Mrs.Ramya V.Rao
                                   For R1                : Notice D/w. Vide order dt.15.11.2023
                                   For R2                : Mrs.R.Sree Vidhya


                                                      JUDGMENT

The appellant herein is the claimant who had approached this Court

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

seeking enhancement of compensation as he was not satisfied with the

quantum of compensation awarded by the Tribunal in an accident that

took place on 03.03.2015, involving a van. The appellant herein was a

passenger in the van, suffered injuries and lost couple of his teeth.

Seeking compensation, he approached the Tribunal and the Tribunal had

awarded Rs.30,808/- as compensation, out which which, Rs.808/-

represents his medical expenses. The remaining Rs.30,000/- was awarded

under the head 'pain and suffering'.

2.The medical board has assessed the disability of the claimant at 5%.

Without getting into the further details, this Court fixes Rs.50,000/- as

compensation for loss of amenities, transport to hospital etc.,

3.In fine, this Appeal is partly allowed and the compensation is enhanced

from Rs.30,808/- to Rs.80,808/-. It is informed that the second

respondent/insurance has already deposited the sum awarded by the

Tribunal. This Court now requires the second respondent/insurance

company to deposit an additional sum of Rs.50,000/-. Given the nature of

the injury, this Court does not order payment of any interest on the

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

enhanced portion of the compensation. On such deposit, the appellant is

permitted to withdraw the award amount, now determined by this Court,

less the amount if any, already withdrawn. The appellant is also directed

to pay the necessary Court Fee, if any, on the enhanced award amount.

No costs.

22.12.2023

Tsg

To

1.The Motor Accident Claims Tribunal, II Additional Subordinate Court, Cuddalore.

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

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

N.SESHASAYEE, J.,

Tsg

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

22.12.2023

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