Madras High Court
Santhanalakshmi vs Nanban on 16 June, 2023
C.M.A(MD).No.781 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated 16.06.2023
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.781 of 2012
Santhanalakshmi ... Appellant
vs.
1.Nanban
Represented by its Secretary
23, Panagal Road
Madurai 625 020
2.M/s.New India Assurance Co.Ltd.,
Represented through its
Divisional Manager
Divisional Office
248B, Kamarajar Salai
Madurai 625 009
3.M.Jayakumar
4.M/s.National Insurance Co.,Ltd.,
Represented by its Divisional Manager
Divisional Office, 2nd Floor
3-North Veli Street
Madurai – 1 ….Respondents
1/8
https://www.mhc.tn.gov.in/judis
C.M.A(MD).No.781 of 2012
PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of
Motor Vehicles Act, 1998, to set aside so far as the quantum of award
concerned and enhance the award amount from Rs.37,000/- to that of
Rs.2,00,000/- as original claim in the MCOP.No.970 of 2004 dated
07.12.2010 on the file of the Additional District Judge-Fast Tract Court
No.III (Motor Accident Claims Tribunal) Madurai.
For Appellant : Mrs.A.Anandalakshmi
For M/s.A.Theethar
For R2 & R 4 : Mr.J.S.Murali
JUDGMENT
The present appeal has been filed by the claimant seeking
enhancement of compensation of award passed by Additional District
and Sessions Judge (Fast Tract Court No.III), Madurai in MCOP.No.970
of 2004.
2.According to the claimant, she sustained serious injuries in the
accident that took place on 26.10.2003. While she was travelling as a
passenger in Tata Sumo Car, a van owned by the first respondent and
insured with the second respondent came from the opposite direction and
dashed against the Tata Sumo.
https://www.mhc.tn.gov.in/judis
C.M.A(MD).No.781 of 2012
3.The insurance company has questioned the negligence and
quantum.
4.The Tribunal after hearing both the parties arrived at a finding
that the accident has taken place only due to the rash and negligent
driving on the part of the respondents 1 and 2. Thereafter, the Tribunal
proceeded to award a sum of Rs.10,000/- towards permanent disability
for the disability of 35.6%. The Tribunal had further awarded a sum of
Rs.12,000/- towards medical and other incidental expenses. Totally, a
sum of Rs.37,000/- has been awarded with 9% interest. The said award is
under challenge in the present appeal filed by the claimant seeking
enhancement.
5.The learned counsel for the appellant had contended that when
the partial permanent disability is 35.6%, the Tribunal ought not to have
awarded a sum of Rs.10,000/- alone towards permanent disability. She
had further contended that there is a fracture in the pelvic bone, therefore
the award towards pain and suffering is on the lesser side. She had
further contended that when there is a fracture in the pelvic bone, an
award should have been made under the head of loss of amenities.
https://www.mhc.tn.gov.in/judis
C.M.A(MD).No.781 of 2012
Hence, he prayed for enhancement of compensation.
6.Per contra, the learned counsel appearing for the insurance
company had contended that the fracture in the pelvic bone would get
completely cured, if the claimant was under rest continuously. The
Tribunal has awarded a sum of Rs.10,000/- towards permanent disability
which cannot be found fault with. The award under other heads are
reasonable and the claimant is not entitled to seek any compensation.
7.I have considered the submissions made on either side and
perused the materials available on record.
8.It could be seen from Exhibit P8-discharge summary, the
claimant had sustained a fracture inferior pubic rami-left side. The
Doctor who was examined as PW3 had deposed that in case if the
claimant was under rest continuously, her pelvic bone would be
completely cured. The disability certificate Exhibit P11 reveals that she
has suffered 35.6% of disability.
9.Considering the fact that she is a lady and she has suffered
fracture in the hip bone, this Court finds that the award of Rs.10,000/-
towards permanent disability is not legally sustainable. This Court
https://www.mhc.tn.gov.in/judis
C.M.A(MD).No.781 of 2012
proceeds to award Rs.1000/- per percentage of disability. Totally a sum
of Rs.35,000/- is awarded towards permanent disability. This Court does
not find any reason to interfere in the quantum of award with regard to
pain and suffering and medical expenses. The accident has taken place in
Madurai-Aruppukottai main road near Nagananthana Mill, Thonugal
Village, Virudhunagar District and the claimant has taken treatment in
Madurai. Therefore, this Court is inclined to award a sum of Rs.10,000/-
towards transport expenses. Considering the fact that there is a fracture in
the pelvic bone, a sum of Rs.10,000/- is awarded for loss of amenities.
However, the Tribunal has erroneously awarded 9% interest per annum
which this Court reduces it to 7.5% p.a.
10.In view of the above said deliberations, the award of the
Tribunal is modified as follows:
(i).Partial permanent disability Rs.35,000.00
(ii).Pain and suffering Rs.15,000,00
(iii).Transport expenses Rs.10,000.00
(iv).Medical expenses Rs.12,000.00
(v).Loss of amenities Rs.10,000.00
----------------
Total Rs.82,000.00
----------------
https://www.mhc.tn.gov.in/judis
C.M.A(MD).No.781 of 2012
11.Accordingly, the award of the Tribunal is modified from
Rs.37,000/- to Rs.82,000/- which would carry interest at the rate of 7.5.%
per annum from the date of claim petition. The fourth respondent/
Insurance Company is directed to deposit the modified compensation of
Rs.82,000/- with 7.5% interest per annum from the date of claim petition
till the date of deposit, less the amount already deposited, if any, to the
credit of the claim petition 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 the entire amount by filing a
formal permission petition before the Tribunal.
12.The Civil Miscellaneous Appeal is partly allowed to the extent
as stated above. No costs.
16.06.2023
Index : Yes/No
Internet : Yes/No
NCC : Yes/No
msa
https://www.mhc.tn.gov.in/judis
C.M.A(MD).No.781 of 2012
To
1.The Additional District Judge-Fast Tract Court No.III
(Motor Accident Claims Tribunal) Madurai.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A(MD).No.781 of 2012
R.VIJAYAKUMAR,J.
msa
Pre-delivery order made in
C.M.A(MD)No.781 of 2012
16.06.2023
https://www.mhc.tn.gov.in/judis
