Madras High Court
Lakshmirajan @ Shanmugaraj vs N.Kulusamy on 12 June, 2023
C.M.A(MD)No.1535 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.06.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.1535 of 2010
Lakshmirajan @ Shanmugaraj ... Claimant/Appellant
Vs.
1.N.Kulusamy
2.M/s.National Insurance Company,
Through its Divisional Manager,
Door No.3-A, Northveli Street,
Madurai-1.
3.Tamil Nadu State Transport Corporation Ltd.,
Through its Managing Director, Karaikudi,
(Kumbakonam Division III). ... Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, against the decree and judgment, dated 10.02.2009
made in M.C.O.P.No.2169 of 2004 on the file of Motor Accident Claims
Tribunal (Additional District Judge, Fast Track Court No.2, Madurai).
For Appellant : Mr.R.Govindaraj
For R2 : M/s.P.Malini
https://www.mhc.tn.gov.in/judis
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C.M.A(MD)No.1535 of 2010
JUDGMENT
The present appeal has been filed by the claimant seeking
enhancement of the compensation awarded by the Motor Accident
Claims Tribunal, Madurai in M.C.O.P.No.2169 of 2004.
2. According to the injured claimant, he was aged about 21 years
and he was pursuing engineering course and he has suffered grievous
injuries in view of the accident that took place on 27.06.2004. Hence, he
prayed for compensation of Rs.3,00,000/-.
3. The insurance company had filed a counter challenging the
manner of accident, negligence and the quantum of compensation.
4. The tribunal after considering the oral and documentary
evidence, arrived at a finding that the accident has happened only due to
the rash and negligent driving on the part of the driver of the lorry. The
tribunal further found that as per the disability certificate, the claimant
has sustained 37% of permanent disability. The tribunal has awarded a
sum of Rs.50,000/- towards permanent disability. Though medical bills
were produced to an extent of Rs.67,940/-, only a sum of Rs.16,000/- has
been awarded. The tribunal has further awarded a sum of Rs.20,000/-
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.1535 of 2010
towards pain and suffering, a sum of Rs.5,000/- towards extra
nourishment and a sum of Rs.50,000/- towards disability. Challenging
the said award, the present appeal has been filed by the claimant.
5. According to the learned counsel appearing for the claimant, the
claimant was a passenger in a bus and he got injured due to the rash and
negligent driving on the part of the driver of the lorry which was coming
from the opposite direction. The claimant had sustained 37% disability
and the tribunal had just awarded a sum of Rs.50,000/- towards
permanent disability. Hence, he prayed for enhancement under the said
head. He had further contended that though medical bills were produced
under Exhibit P.17, totalling a sum of Rs.67,940/-, the tribunal has
erroneously awarded only a sum of Rs.16,000/-. Hence, he prayed for
enhancement of the compensation under the conventional heads also.
6. Per contra, the learned counsel appearing for the respondent
insurance company had contended that the tribunal has properly
appreciated the oral and documentary evidence and fixed the
compensation at Rs.91,000/- which does not call for any interference.
https://www.mhc.tn.gov.in/judis
7. I have carefully considered the submissions made on either side.
C.M.A(MD)No.1535 of 2010
8. Admittedly, the claimant had sustained 37% disability. If a sum
of Rs.2,000/- is awarded for each percentage, the award amount under
the head of partial permanent disability would come at Rs.74,000/-. The
claimant has produced the medical bills under Exhibit P.17 for a sum of
Rs.67,940/-. However, the tribunal has just awarded a sum of Rs.16,000/-
for reasons best known. Therefore, this Court is inclined to accept the
entire medical bills. This Court is inclined to award a sum of Rs.5,000/-
towards attender charges and a sum of Rs.5,000/- towards transport
expenses.
9. In view of the above said deliberations, the award of the tribunal
is hereby modified as follows:
Partial permanent disability 37x2000 : Rs.74,000/-
Pain and suffering : Rs.20,000/-
Medical expenses : Rs.67,940/-
Extra nourishment : Rs. 5,000/-
Attender Charges : Rs. 5,000/-
Transport expenses : Rs. 5,000/-
------------------
Total : Rs.1,76,940/-
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10. The award of the tribunal, namely Rs.91,000/- (Rupees Ninety
C.M.A(MD)No.1535 of 2010
One Thousand only) is hereby enhanced to Rs.1,76,940/- (Rupees One
Lakh Seventy Six Thousand Nine Hundred and Forty only). The award
amount shall carry interest at the rate of 7.5% from the date of claim
petition. The insurance company is directed to deposit the enhanced
award amount within a period of eight (8) weeks from the date of receipt
of a copy of this order.
11. The Civil Miscellaneous Appeal stands allowed to the extent
as stated above. No costs.
12.06.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
gbg
To
1.The Motor Accident Claims Tribunal
(Additional District Judge, Fast Track Court No.2, Madurai).
2.The Section Officer,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis R.VIJAYAKUMAR,J.
C.M.A(MD)No.1535 of 2010
gbg
Judgment made in
C.M.A(MD)No.1535 of 2010
12.06.2023
https://www.mhc.tn.gov.in/judis
