Madras High Court
P.Abraham Lingan vs V.Naveen Kumar on 27 June, 2023
C.M.A.(MD).No.561 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.561 of 2020
P.Abraham Lingan ... Appellant/Claimant
-vs-
1. V.Naveen Kumar
2. N.Pandian
3. The Manager,
Cholamandalam Ms General,
Insurance Company Ltd.,
Door No.3 & 4, 1st Floor,
Dindigul High Road,
Kalavasal,
Madurai Post. ... Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicle Act, 1988, against the order and decreetal order passed in
M.C.O.P.No.245 of 2018, dated 12.07.2019 on the file of the Motor Accidents
Claims Tribunal/Chief Judicial Magistrate, Srivilliputhur, Virudhunagar
District.
For Appellant : Mr.Ashok Kumar
For Respondents : Mr.M.Karthikeya Vehkatachalapathy
for R2
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C.M.A.(MD).No.561 of 2020
: Mrs.K.R.Shivashankari – for R3
: Dispensed with - R1
JUDGMENT
The present Civil Miscellaneous Appeal has been filed by the claimant
seeking enhancement of compensation of the award passed by the Motor
Accident Claims Tribunal/Chief Judicial Magistrate, Srivilliputhur,
Virudhunagar District, in M.C.O.P.No.245 of 2018.
2. According to the claimant, he met with an accident on 29.06.2018
and he sustained grievous injuries in the maxillary bone and nasal bone. As
per the disability certificate viz., Ex.P.15, the claimant has sustained 41%
disability.
3. The Tribunal has chosen to award a sum of Rs.4,000/- (Rupees Four
Thousand only) per percentage of disability, a sum of Rs.16,230/- (Rupees
Sixteen Thousand Two Hundred and Thirty only) towards medical bills, a
sum of Rs.36,000/- (Rupees Thirty Six Thousand only) during the treatment
period for a period of three months towards loss of income, a sum of
Rs.40,000/- (Rupees Forty Thousand only) towards pain and sufferings, a
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C.M.A.(MD).No.561 of 2020
sum of Rs.10,000/- (Rupees Ten Thousand only) towards transport expenses
and a sum of Rs.15,000/- (Rupees Fifteen Thousand only) towards extra
nourishment. Totally, a sum of Rs.2,81,230/- (Rupees Two Lakhs Eighty One
Thousand Two Hundred and Thirty only) has been awarded. This award is
under challenge in the present appeal seeking enhancement.
4. According to the learned counsel appearing for the appellant, due to
the nature of injury, the appellant cannot attend duty for a period of six
months. Therefore, loss of income ought to have been calculated for a period
of six months. He further contended that he was in hospital for nine days and
therefore, attendar charges should have been awarded. The nature of injuries
and the treatment given to him indicate that the plate and screws have been
implanted in the maxillary bone which require a second surgery for exit of the
said implants. Therefore, a sum of Rs.50,000/- should have been awarded for
future medical expenses.
5. Per contra, the learned counsel appearing for the third respondent
had contended that the Tribunal has properly appreciated all the documents
filed on the side of the claimant and has granted reasonable compensation of
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C.M.A.(MD).No.561 of 2020
Rs.2,81,230/- which does not warrant any enhancement.
6. I have carefully considered the submissions made by the learned
counsel on either side and perused the material on records.
7. A perusal of the Ex.P15, disability certificate and Ex.P.19, wound
certificate clearly indicate that the injured claimant has sustained grievous
injuries in his face. Therefore, as rightly contended by the learned counsel for
the appellant that the appellant could not attend duty for six months.
Therefore,this Court is inclined to enhance the compensation under the head
of loss of income during treatment for a sum of Rs.36,000/- to Rs.72,000/-
Admittedly, he was in hospital for 9 days and he has to undergo a second
surgery and therefore, a sum of Rs.10,000/- could be awarded under the head
of attendar charges.
8. A perusal of Ex.P.3, discharge summary indicates that the plates and
screws have been implanted in the maxillary bone. Therefore, it is clear that
the claimant has to undergo second surgery and this Court awards a sum of
Rs.25,000/- for future medical expenses.
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C.M.A.(MD).No.561 of 2020
9. In view of the above said deliberations, the award of the Tribunal is
modified as follows:
Partial Permanent Disability : Rs.1,64,000/-
Medical Expenses : Rs. 16,230/-
Loss of income
during treatment : Rs. 72,000/-
Pain and Sufferings : Rs. 40,000/-
Transport Expenses : Rs. 10,000/-
Extra Nourishment : Rs. 15,000/-
Attendar charges : Rs. 10,000/-
Future Medical Expenses : Rs. 25,000/-
Total : Rs.3,52,230/-
10. Therefore, the award of the Tribunal is hereby modified and
enhanced from Rs.2,81,230/- to Rs.3,52,230/- (Rupees Three Lakhs Fifty Two
Thousand Two Hundred and Thirty only) and the said amount will carry
interest at the rate of 7.5% per annum from the date of the claim petition till
the date of realisation. The Insurance Company is directed to deposit the
enhanced award amount within a period of eight weeks from the date of
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C.M.A.(MD).No.561 of 2020
receipt of a copy of this order.
11. Accordingly, this Civil Miscellaneous Appeal is partly allowed to
the extent as stated above. There shall be no order as to costs.
27.06.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
To
1. The Motor Accidents Claims Tribunal/
Chief Judicial Magistrate,
Srivilliputhur, Virudhunagar District.
2. The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
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C.M.A.(MD).No.561 of 2020
R.VIJAYAKUMAR,J.
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C.M.A.(MD)No.561 of 2020
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C.M.A.(MD).No.561 of 2020
27.06.2023
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