Madras High Court
R.Sathya vs R.Raselraj on 24 January, 2023
C.M.A.No.2823 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.01.2023
CORAM
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
C.M.A.No.2823 of 2022
R.Sathya
W/o.Ramkumar
No.55/39, Gandhi Street,
Kamarajapuram,
Velachery, Chennai 600042 ... Appellant
Vs.
1.R.Raselraj,
No.55/39, Gnadhi Street, Kamarajapuram,
Velachery, Chennai 600 042.
2.ICIC Lombard General Insurance Co. Ltd.,
Chotah Bhai Centre, 2nd Floor,
No.140, Nungambakkam High Road,
Chennai 600 034.
3.Ramkumar,
No.55/39, Gandhi Street, Kamarajapuram,
Velcherey, Chennai 600042. ... Respondents
Prayer: Appeal filed under Section 173 of Motor Vehicles Act, 1988 against
the Judgment and Decree in MCOP.No.1217 of 2013 dated 18.02.2019 on the
file of the Motor Accident Claims Tribunal/(IV Judge, Court of Small Causes,
Chennai).
1/7
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C.M.A.No.2823 of 2022
For Appellant : Ms.Ramya V.Rao
For Respondents : Ms.R.Sree Vidhya (for R2)
R1 & R3 (No Appearance)
JUDGMENT
The Appeal has been filed under Section 173 of Motor Vehicles Act,
1988, against the Judgment and Decree made in MCOP.No.1217 of 2013 on the
file of the Motor Accident Claims Tribunal/(IV Judge, Court of Small Causes,
Chennai).
2.The claim Petitioner is the Appellant herein. For the sake of
convenience, the parties are referred to as per their ranking before the trial
Court.
3.The claim Petitioner filed the claim Petition for the injuries sustained
by him in a road traffic accident occurred on 11.01.2012. The Tribunal has
awarded a sum of Rs.2,84,500/- with interest at the rate of 7.5% per annum.
Aggrieved against the same and seeking enhancement, he has preferred this
Appeal.
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C.M.A.No.2823 of 2022
4.The factum of the accident, manner of the accident, rash and negligent
driving on the part of the driver of the offending vehicle, insured with the 2nd
Respondent/Insurance company are not under challenge in this Appeal and
therefore, the findings rendered by the trial Court in this regard are hereby
confirmed.
5.Heard the learned counsel for the claim Petitioner and learned counsel
for the Insurance Company on the point of quantum of compensation.
6.In respect of the injury, the claim Petitioner examined the medical
witness, PW2/Doctor, who had issued Ex.P.9/Disability Certificate, indicating
the injuries and fixed the disability at 55%. A perusal of Ex.P.1/discharge
summary, Ex.P.9/disability certificate and also the evidence of the Doctor,
reveals that the claim Petitioner has taken treatment at Xcellent Care Hospitals,
Velachery, Chennai, from 11.01.2012 to 16.01.2012 for "Right Distal Humerus
Supracondylar with Intercondylar comminuted Fracture" and hence, I am
inclined to fix the disability at 40% and grant the loss earning capacity at the
rate of Rs.3,000/- per percentage. Accordingly, the loss of earning capacity,
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C.M.A.No.2823 of 2022
due to the disability sustained by the claim Petitioner comes to Rs.1,20,000/-
(Rs.3,000/- X 40). Considering the nature of injuries suffered by the claim
Petitioner, I find that the claim Petitioner will not be in a position to join duty
as before and hence, monthly income is fixed at Rs.7,000/- and loss of income,
for a period of five months comes to Rs.35,000/- (Rs.7,000/- x 5). The other
aspects of the compensation awarded by the Tribunal appear to be just and
reasonable and hence, the same are hereby confirmed.
S.No. Heads Amount (Rs.)
1 Loss of earning capacity 120000
2 Pain and sufferings 40000
3 Transportation 10000
4 Future medical expenses 50000
5 Loss of income 35000
6 Attender charges 3000
7 Loss of amenities 20000
8 Medical expenses 80263
Total 358263
Rounded off 358300
7.In total, the claim Petitioner is entitled to a sum of Rs.3,58,300/-
(Rupees three lakh fifty eight thousand and three hundred only).
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C.M.A.No.2823 of 2022
8.The Tribunal has also awarded 'pay and recover'. After hearing learned
counsel for the Petitioner and after perusing the records, I find that the 'pay and
recover' imposed by the Tribunal is just and fair and the same does not warrant
any interference of this Court. Accordingly, 'pay and recover' ordered by the
Tribunal is hereby confirmed.
9.In fine,
(i) this Civil Miscellaneous Appeal stands partly allowed, enhancing the award
amount from Rs.2,84,500/- to Rs.3,58,300/- to the extent indicated above, with
7.5% interest per annum. No Costs.
(ii) the Insurance Company is directed to deposit the enhanced award amount
before the Tribunal, with interest and costs, within a period of eight weeks from
the date of receipt of a copy of this order, less the amount, if any already
deposited and recover the same from the 1st Respondent.
(iii) on such deposit being made, the claim Petitioner is permitted to withdraw
the entire enhanced award amount with accrued interest and costs, less the
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C.M.A.No.2823 of 2022
award amount, if any, already withdrawn, by filing necessary application before
the Tribunal.
(iv) the claim Petitioner is directed to pay the court fee, if any, for the enhanced
compensation amount and the Registry is directed to draft the decree only after
the receipt of Court fee.
24.01.2023
Index : Yes/No
Neutral Citation : Yes/No
Speaking Order/Non-Speaking Order
sai
To
The IV Judge,
Court of Small Causes,
Chennai.
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C.M.A.No.2823 of 2022
RMT.TEEKAA RAMAN.J,
sai
Pre-delivery Judgment made in
C.M.A.No.2823 of 2022
Dated: 24.01.2023
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