Madras High Court
G.S.Nandini vs D.Srikanth Reddy on 21 June, 2023
1/10 C.M.A.No.4887 of
2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2023
CORAM:
THE HON'BLE MR.JUSTICE A.A.NAKKIRAN
C.M.A.No.4887 of 2019
G.S.Nandini ... Appellant
Vs.
1.D.Srikanth Reddy
2.Shriram General Insurance Company Ltd,
E-8, RIICO Industrial Area, Sitapura, Jaipur,
Rajasthan 302 022
having Office at Shriram General Insurance Co., Ltd.,
(Branch Office)
No.4, Moogambika Complex,
2nd Floor, Lady Desika Road,
Mylapore, Chennai 600 004. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles
Act, 1988 against the Judgment and Decree dated 25.09.2014 made in
M.C.O.P.No.575 of 2012, on the file of the Motor Accidents Claims Tribunal,
(V Small Causes Court), Chennai.
For Appellant : M/s.A.Saravanan
For R1 : Mr.K.Poomalai
https://www.mhc.tn.gov.in/judis
2/10 C.M.A.No.4887 of
2019
JUDGMENT
This Civil Miscellaneous Appeal has been filed against the impugned
Judgment and Decree dated 25.09.2014 passed by the Motor Accident
Claims Tribunal, (V Small Causes Court), Chennai in M.C.O.P.No.575 of
2012.
2. By the impugned Judgment and Decree, the Tribunal has awarded a
sum of Rs.4,33,000/- together with interest at 7.5% per annum from the date
of filing of the claim petition till the date of deposit, to the appellant/claimant.
Aggrieved by the same, the present Civil Miscellaneous Appeal has been filed
by the appellant/claimant for enhancement of compensation.
3. According to the appellant/claimant, on 02.04.2010, at about 4.45
a.m., while appellant/claimant was travelling in a Maruti Car bearing
Reg.No.TN.10.U.8223 along with two others from Chennai to Darsi, at that
time, the first respondent's Truck bearing Reg.No.AP.16.X.2007 at high
speed in a rash and negligent manner and dashed against the car, as a result
of which, the appellant/claimant had sustained grievous injuries. Therefore,
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3/10 C.M.A.No.4887 of
he filed a claim petition in M.C.O.P.No.575 of 2012 before the Motor
Accidents Claims Tribunal, (V Small Causes Court), Chennai, claiming a
compensation of Rs.25,00,000/- for the injuries sustained in the accident.
.
4. The Tribunal after considering the pleadings, oral and documentary
evidence, held that the accident occurred due to the rash and negligent
driving by the driver of the truck belonging to the first respondent and
fastened the liability on the second respondent insurance company. The
Tribunal has awarded a total sum of Rs.4,33,000/- as compensation with
interest at the rate of 7.5% per annum, to the claimant.
5. Being not satisfied with the compensation awarded by the Tribunal,
the claimant has before this Court by way of this appeal.
6. The learned counsel appearing for the appellant submitted that the
appellant was studying B.Tech ( IT) and was aged about 21 years at the time
of accident. She had sustained fracture of shaft of right femur and fracture
of both bone right leg comminuted displaced fracture of shaft of right tibia
and fat embolism thereby closed locked IM nailing right femur using AO.
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4/10 C.M.A.No.4887 of
The learned counsel further argued that on account of the injuries sustained
by the appellant/claimant, she could not properly study and obtain marks and
deprived her from getting a good placement. Therefore, considering the
injuries sustained in the leg, the amount awarded under the permanent
disability may be enhanced. He would further submit that due to the
accident, the appellant/claimant had suffered fracture of both bone right leg
comminuted displaced fracture of shaft of right tibia. For which, she was
treated as an inpatient from 02.04.2010 to 03.04.2010 at Bollineni Super
Speciality Hospital and thereafter she took treatment as inpatient from
03.04.2010 to 17.04.2010 at Venkateswara Hospial and he had also
undergone surgery. He would also further submit that though the doctor
( P.W.2) has assessed the disability of the appellant as 50%. The Tribunal
has awarded a sum of Rs.1,00,000/- towards permanent disability is on the
lower side. The Tribunal has awarded under the other heads are also on the
lower side. Hence, he prays for enhancement of compensation.
7. Defending the impugned Judgment and Decree, the learned counsel
for the second respondent Insurance Company submits that the impugned
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5/10 C.M.A.No.4887 of
Judgment and Decree is well reasoned and requires no interference and
therefore, he prayed for dismissal of this appeal.
8. Heard the learned counsel for the appellant and the learned counsel
for the second respondent and also perused the material evidence on record.
9. From the materials available on record, it is seen that the Tribunal
has held that the accident has occurred only due to rash and negligent driving
by the driver of the first respondent. The appellant had sustained fracture in
both bones of shaft of right femur, fracture of shaft of right tibia for which
IM nailing femur and IM rod stabilization was done and thereafter implants
removed. The physician was examined as P.W.2- Dr.N.Saichandran, has
stated that the appellant had sustained injury to the right side of the thigh
causing comminuted fracture of the right femur, she was surgically treated
with long nail and rod and screws bone united and during the course of
treatment. She also sustained fracture of both bones right leg causing
fracture of the right tibia and fibula bones for bone surgically tibia fixed with
nail during the course of treatment. She has taken treatment as inpatient
from 02.04.2010 to 17.04.2010 and he was underwent surgery. The Doctor
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6/10 C.M.A.No.4887 of
has assessed 50% disability. But the Tribunal has awarded only a sum of
Rs.1,00,000/- under this head, which is on the lower side. Therefore, he
prayed for enhancement of compensation.
10. Considering the nature of injuries sustained by the appellant, the
doctor has also assessed 50% partial permanent disability of the appellant.
Considering the fact that the appellant/claimant had sustained fracture of
shift of right femur and shaft of right tibia and also considering the fact that
the appellant was unable to any work and sustained 50% of permanent
disability. Considering the permanent disability at 50% as assessed by the
Doctor, this Court awards Rs.2,00,000/- towards 'permanent disability' by
assessing 50% as disability at the rate of Rs.4,000/- per 1 percentage (i.e.) 50
X 4000 = Rs.2,00,000/-.
11. I find that the Tribunal has awarded only a sum of Rs.2,000/-
towards transportation, Rs.5,000/- towards attender charges, Rs.25,000/-
each towards loss of amenities and pain and sufferings which sums appear to
be on the lower side. Therefore, the amount awarded under those heads are
hereby enhanced to Rs.10,000/-, Rs.25,000/-. Rs.50,000/- each .
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7/10 C.M.A.No.4887 of
12. Consequently, I am inclined to modify the compensation awarded
under the various heads as follows:
Amount Amount awarded Award
Description awarded by the by this Court confirmed or
Tribunal (Rs.) enhanced or
(Rs.) granted or
reduced
Permanent 1,00,000 2,00,000 Enhanced
disability(Injured)
Pain and sufferings 25,000 50,000 Enhanced
loss of amenities 25,000 50,000 Enhanced
Medical Expenses 2,51,000 2,51,000 Confirmed
Transport expenses 2,000 10,000 Enhanced
Extra nourishment 25,000 25,000 Confirmed
Attendant charges 5,000 25,000 Enhanced
4,33,000 6,11,000
13. Accordingly, this civil miscellaneous Appeal is partly allowed and
the compensation amount awarded by the Tribunal at Rs.4,33,000/- is hereby
enhanced to Rs.6,11,000/- together with interest at the rate of 7.5% per
annum from the date of the claim petition till the date of such deposit. The
appellant is directed to pay necessary Court fee, if any, on the enhanced
compensation. Therefore, the second respondent - Insurance Company is
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8/10 C.M.A.No.4887 of
directed to deposit the enhanced award amount now determined by this Court
along with interest and costs, less the amount already deposited, if any,
within a period of six weeks from the date of receipt of a copy of this
judgment. On such deposit, the appellant is permitted to withdraw the same
with proportionate interest and costs, less the amount if any, already
withdrawn, by filing suitable application before the Tribunal. No costs.
21.06.2023
Index : Yes / No
Internet : Yes / No
kkd
To:
The Motor Accident Claims Tribunal
(V Small Causes Court), Chennai.
https://www.mhc.tn.gov.in/judis
9/10 C.M.A.No.4887 of
A.A.NAKKIRAN ,J.
kkd
C.M.A.No.4887 of 2019
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10/10 C.M.A.No.4887 of
21.06.2023
https://www.mhc.tn.gov.in/judis
