S.Selvam vs Velu
2023 Latest Caselaw 7521 Mad

Citation : 2023 Latest Caselaw 7521 Mad
Judgement Date : 4 July, 2023

Madras High Court

S.Selvam vs Velu on 4 July, 2023

                                                                                  C.M.A.No.4190 of 2019


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 04.07.2023

                                                        CORAM

                                  THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY

                                                C.M.A.No.4190 of 2019

                  S.Selvam
                                                                                     ...Appellant
                                                         Vs

                  1.Velu
                  2.T.Chitrarasu
                  3.National Insurance Co.Ltd.,
                    Branch Office No.1, Thanthai Periyar Complex,
                    Near Old Bus Stand, Salem 636 001.
                                                                                 ... Respondents

                  Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                  Vehicles Act, 1988, to enhance the compensation amount awarded in judgment
                  and decree dated 11.10.2014 made in M.C.O.P.No.811 of 2012 on the file of the
                  Motor Accident Claims Tribunal (Before the Special Sub Court No.1), Salem by
                  allowing this Appeal.
                                        For Appellant    : Mr.S.Ramprabu
                                                           for Mr.S.P.Yuvaraj

                                        For Respondents : Mr.J.Chandran for R3
                                                          No appearance for R1 and R2


                  1/6


https://www.mhc.tn.gov.in/judis
                                                                                        C.M.A.No.4190 of 2019


                                                      JUDGMENT

This Civil Miscellaneous Appeal was filed to enhance the compensation

amount awarded in judgment and decree dated 11.10.2014 made in

M.C.O.P.No.811 of 2012 on the file of the Motor Accident Claims Tribunal

(Before the Special Sub Court No.1), Salem.

2. The learned counsel appearing for the appellant would submit that the

disability assessed by the Doctor was at 55%. However, the Tribunal had taken

only 15% and fixed Rs.3,000/- per percentage as compensation and hence

thereby awarded a sum of Rs.45,000/- under the head 'For Disability'. Further he

would contend that since the Tribunal had awarded the compensation based on

the percentage of disability, it should have taken the entire percentage of

disability for awarding the said compensation. Hence, he requested this Court to

enhance the compensation awarded by the Tribunal.

3. On the other hand, when this Court is inclined to apply multiplier, the

learned counsel appearing for the insurance company would fairly submit that

Rs.3,000/- per percentage may be fixed for the entire percentage of disability.

https://www.mhc.tn.gov.in/judis C.M.A.No.4190 of 2019

4. Heard the learned counsel appearing for the appellant as well as the

respondent and perused the materials available on record.

5. In view of the above, this Court is inclined to take the entire percentage

of disability assessed by Doctor and fix a sum of Rs.3,000/- per percentage.

Accordingly, the compensation is awarded for disability is enhanced to an

extent of Rs.1,65,000/- (Rs.3000*55%). Further, this Court is not inclined to

interfere with regard to all the other aspects of the award passed by the

Tribunal.

6. Accordingly, the compensation awarded by the Tribunal is modified as

follows:

S.No Description Amount awarded by Amount awarded by Tribunal this Court (Rs) (Rs)

1. Pain and suffering 30,000 30,000

2. Loss of income 18,000 18,000 during treatment

3. Food and extra 5,000 5,000 nourishment

https://www.mhc.tn.gov.in/judis C.M.A.No.4190 of 2019

S.No Description Amount awarded by Amount awarded by Tribunal this Court (Rs) (Rs)

4. Medical Expenses 2,750 2,750

5. Transportation 1,250 1,250

6. For loss of 1,000 1,000 personal belongings

7. For disability 45,000 1,65,000 Total 1,03,000 2,23,000

7. In the result, Civil Miscellaneous Appeal is partly allowed and the

compensation awarded by the Tribunal in M.C.O.P.No.811 of 2012 at

Rs.1,03,000/- is hereby enhanced to Rs.2,23,000/- with interest at the rate of

7.5% per annum from the date of petition till the date of realization. The

appellant/claimant shall pay necessary Court fee, if any, on the enhanced

compensation. The 3rd respondent/Insurance Company is directed to deposit the

enhanced award amount along with interest and costs now determined by this

Court, less the amount already deposited, if any, within a period of four weeks

from the date of receipt of a copy of this judgment. On such deposit, the

Tribunal is directed to transfer the respective share of the appellants/claimants

by way of RTGS, within a period of two weeks from the deposit or from the

date of receipt of the Bank details obtained for the claimant or application made

https://www.mhc.tn.gov.in/judis C.M.A.No.4190 of 2019

by the appellants/claimants for withdrawal, whichever is later.