Madras High Court
Sengottuvel vs Mohanasundaram on 27 June, 2023
C.M.A.No.1342 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.06.2023
CORAM
THE HON'BLE MRS.JUSTICE N.MALA
C.M.A.No.1342 of 2022
Sengottuvel ... Appellant
vs.
1.Mohanasundaram
2.United India Insurance Co. Ltd.,
Tiruchengode,
Division Office Namakkal. ... Respondents
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, to allow the above Civil Miscellaneous Appeal and
enhance the award in the Order dated 23.03.2022 made in M.A.C.T.O.P.
No.18 of 2019 on the file of the Motor Vehicle Accident Claims
Tribunal/Subordinate Judge Court, Paramathy.
For Appellant : Mr.C.Paraneedharan
For R1 : No appearance
For R2 : M/s. I.Malar
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1/7
https://www.mhc.tn.gov.in/judis
C.M.A.No.1342 of 2022
JUDGMENT
This Civil Miscellaneous Appeal is filed to allow the above
Civil Miscellaneous Appeal and enhance the award in the Award dated
23.03.2022 made in M.A.C.T.O.P. No.18 of 2019 on the file of the Motor
Vehicle Accident Claims Tribunal/Subordinate Judge Court, Paramathy.
2.The appeal is filed by the claimant for enhancement of
compensation.
3.The first respondent remained ex-parte before the Tribunal and the
second respondent contested the claim petition by filing a counter denying
all the allegations made in the claim petition, apart from disputing
negligence, quantum and liability.
4.I have heard both the learned counsel and have gone through the
award passed by the Claims Tribunal.
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C.M.A.No.1342 of 2022
5.The short point that arises for determination in the appeal is whether
the claimant is entitled for enhancement of compensation?
6.It is seen that the Medical Board assessed the injuries of the
claimant and certified that the claimant had suffered 5% disability. In the
wound certificate Ex.P6, it was stated that the claimant had suffered one
simple injury and one grievous injury.
7.The Claims Tribunal on the basis of the said documents fixed the
disability at 5% and by adopting the unit method awarded a sum of
Rs.25,000/- towards permanent disability. The Tribunal awarded a sum of
Rs.5,000/- towards percentage of disability.
8.I find that the award towards disability at Rs.25,000/- @ Rs.5,000/-
per percentage of disability of 5% is fair and reasonable and does not call
for any interference. I am also of the view that the amounts awarded under
various heads are fair just and reasonable. I therefore find no merits in the
appeal and the same is dismissed.
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C.M.A.No.1342 of 2022
8.The learned counsel appearing for the appellant seeks permission of
this Court to withdraw the award amount if, already deposited if not, seeks
the direction of this Court to direct the respondent to deposit the award
amount within a specific period.
9.In the light of the submission of the learned counsel for the
appellant, a direction is issued to the respondent Insurance Company to
deposit the award amount along with 7.5% interest, within a period of four
weeks from the date of receipt of a copy of this order, if not already
deposited. On such deposit being made the claimant is entitled to withdraw
the award amount by making proper application before the Tribunal.
10.Accordingly, this Civil Miscellaneous Appeal is dismissed with
the above directions. There shall be no order as to costs.
27.06.2023
Index : yes/no
Internet : yes/no
ah
https://www.mhc.tn.gov.in/judis
C.M.A.No.1342 of 2022
To
1.The Motor Vehicle Accident Claims Tribunal/
Subordinate Judge Court,
Paramathy.
2.The Section Officer,
V.R.Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1342 of 2022
N.MALA, J.
ah
C.M.A.No.1342 of 2022
https://www.mhc.tn.gov.in/judis
C.M.A.No.1342 of 2022
27.06.2023
https://www.mhc.tn.gov.in/judis
