Madras High Court
K.Thangadurai vs P.Mohanraj on 4 July, 2023
C.M.A.No.3614 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.07.2023
CORAM
THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY
C.M.A.No.3614 of 2014
K.Thangadurai ...Appellant
Vs
1.P.Mohanraj
2.The Oriental Insurance Co. Ltd.,
Represented by its Divisional Manager,
Divya Towers, Fort Main Road,
Shevapet, Salem. ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the award dated 29.07.2013 made in
M.C.O.P.No.238 of 2010 on the file of the Motor Accidents claims Tribunal
cum Principal Subordinate Court, Salem and to enhance the award amount to
Rs.1,00,000/-.
For Appellant : Mr.V.Vijayakumar
For R2 : Mr.R.Sivakumar
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https://www.mhc.tn.gov.in/judis
C.M.A.No.3614 of 2014
JUDGMENT
This Civil Miscellaneous Appeal has been filed against the order and
decree dated 29.07.2013 made in M.C.O.P.No.238 of 2010 on the file of the
Motor Accident Claims Tribunal cum Principal Subordinate Court, Salem and to
enhance the award amount to Rs.1,00,000/-.
2.The appellant/claimant filed M.C.O.P.No.238 of 2010 on the file of the
Motor Accident Claims Tribunal cum Principal Subordinate Court, Salem,
claiming a sum of Rs.5,00,000/- as compensation for the injury sustained by
him in the accident that took place on 29.08.2009.
3.The Tribunal considering the pleadings, oral and documentary evidence,
held that the accident occurred due to rash and negligent driving by the driver of
the 1st respondent and directed the 2nd respondent/Insurance Company to pay a
sum of Rs.21,400/- along with interest at the rate of 7.5% as compensation to
the appellant/claimant under following heads:
https://www.mhc.tn.gov.in/judis
C.M.A.No.3614 of 2014
S.No Description Amount awarded by
Tribunal
(Rs)
1. Nature of injury & treatment 8,000
2. Medical expenses 13,400
Total 21,400
4.Aggrieved over the award passed by the Tribunal, the
appellant/claimant filed the present appeal challenging the quantum of
compensation.
5.Learned counsel for the appellant/claimant would submit that though
the Doctor assessed the disability of the appellant as 27%, the Tribunal has not
awarded any amount towards disability. Therefore, he would submit that the
Tribunal ought to have awarded compensation by considering the disability
assessed by the Doctor.
6.Learned counsel appearing for the 2nd respondent/Insurance Company
would fairly submit that the disability assessed by the Doctor may be considered
and any amount which is just and fair may be fixed as compensation for
appellant's disability.
https://www.mhc.tn.gov.in/judis
C.M.A.No.3614 of 2014
7.Heard the learned counsel for the appellant as well as the 2nd respondent
and perused materials available on record.
8.Taking into consideration the submissions made by the either side
counsel and upon perusal, it appears that the Doctor has assessed the disability
of the appellant at 27%. But the Tribunal has not awarded any amount to the
appellant towards disability. As contended by the learned counsel appearing for
the appellant, it would be fair to fix the disability as assessed by the Doctor at
27% and also it would be appropriate to grant a sum of Rs.3,000/- per
percentage. Therefore, this Court re-fix the amount granted towards disability
as Rs.81,000/- (27% X Rs.3,000/-). Further, the amounts awarded by the
Tribunal under all other heads are just and reasonable and the same are hereby
confirmed. Hence, the amount awarded by the Tribunal is redetermined as
follows:
S.No Description Amount awarded by Amount awarded
Tribunal by this Court
(Rs) (Rs)
1. Nature of injury & treatment 8,000 8,000
2. Medical expenses 13,400 13,400
3. Disability - 81,000
Total 21,400 1,02,400
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C.M.A.No.3614 of 2014
9.In the result, this Civil Miscellaneous Appeal is partly allowed and the
compensation awarded by the Tribunal at Rs.21,400/- is hereby enhanced to
Rs.1,02,400/- with interest at the rate of 7.5% per annum from the date of
petition till the date of realisation. The 2nd respondent/Insurance Company is
directed to deposit the modified award amount along with interest and costs now
determined by this Court, less the amount already deposited, if any, within a
period of eight weeks from the date of receipt of a copy of this judgment. On
such deposit, the appellant/claimant is permitted to withdraw his respective
shares, along with interest and costs, less the amount if any, already withdrawn.
The Tribunal is directed to transfer the award amount to the appellant/claimant
by way of RTGS to his bank account directly, within a period of three weeks
from the deposit or application made by the appellant for withdrawal, whichever
is earlier. No costs.
04.07.2023
(2/2)
Speaking/Non-speaking order
Index : Yes / No
Neutral Citation : Yes / No
rst
https://www.mhc.tn.gov.in/judis
C.M.A.No.3614 of 2014
KRISHNAN RAMASAMY,J.
rst
To:
The Motor Accident Claims Tribunal Cum
The Principal Subordinate Court, Salem .
C.M.A.No.3614 of 2014
04.07.2023
(2/2)
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