Madras High Court
Viswnathan vs M/S.Naandi Foundation on 3 March, 2023
C.M.A.No.515 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 03.03.2023
CORAM
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
C.M.A.No.515 of 2023
Viswnathan, S/o.Thiruvenkadam,
78, Selliamman Kovil Street,
Eachankaranai Village,
Thirukalukundram Taluk,
Ammanambakkam,
Kancheepuram 603 109. ... Appellant
Vs.
1.M/s.Naandi Foundation,
Pristine Pavilion Block Mira,
Mahindra World City,
Chengalpattu, Kancheepuram 603 204
2.United India Insurance Co. Ltd.,
No.134, Greams Road, IV Floor,
Anna Salai, Chennai 600 006. ... Respondents
Prayer: Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the
Judgment and Decree dated 26.11.2021 made in MACTOP.No.2047 of 2018 on
the file of the Motor Accident Claims Tribunal (Special Sub Court No.2) Court
of Small Causes, Chennai.
1/7
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C.M.A.No.515 of 2023
For Appellant : Mr.A.G.F.Terry Chella Raja
For Respondents : Mr.R.Rajesh (for R2)
JUDGMENT
The Appeal has been filed against the Judgment and Decree dated
26.11.2021 made in MACTOP.No.2047 of 2018 on the file of the Motor
Accident Claims Tribunal (Special Sub Court No.2) Court of Small Causes,
Chennai.
2.The claim Petitioner is the Appellant herein. For the sake of
convenience, the parties are referred to as per their ranking before the trial
Court.
3.The claim Petitioner filed MACTOP.No.2047 of 2018 on the file of the
Motor Accident Claims Tribunal (Special Sub Court No.2) Court of Small
Causes, Chennai, seeking compensation for the injuries sustained by him in a
road traffic accident occurred on 05.09.2017. The Tribunal has awarded a sum
of Rs.2,45,600/- with interest at the rate of 7.5%. Aggrieved against the same
and seeking enhancement, he has preferred this Appeal.
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C.M.A.No.515 of 2023
4.The factum of the accident, manner of the accident, rash and negligent
driving on the part of the driver of the 1st Respondent's vehicle, insured with the
2nd Respondent are not under challenge in this Appeal. Accordingly, the finding
rendered by the trial Court that the accident taken place due to the rash and
negligent driving of the driver of the 1st Respondent's vehicle, insured with the
2nd Respondent are hereby confirmed.
5.During the trial, on the side of the claim Petitioner, PW1 was examined,
Ex.P.1 to Ex.P.12 were marked and on the side of the Respondents, RW1 was
examined, Ex.R.1 to Ex.R.3 were marked and Ex.C1 also marked.
6.Heard the learned counsel for the claim Petitioner and learned counsel
for the Insurance Company.
7.The claim Petitioner/injured was working as Waster Collector/contract
labour in Rainbow Multitech Company and earned Rs.10,200/- as could be seen
from Ex.P.6. After the accident, he had taken treatment in the ESIC Hospital at
Chennai for a period of 22 days from 05.09.2017 to 26.09.2017 and he was
referred to the Medical board. As per Ex.C1/Disability certificate, the disability
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C.M.A.No.515 of 2023
was assessed as partial and permanent disability at 40% and the Tribunal has
considered the same and awarded a sum of Rs.5,000/- per percentage and
accordingly, granted Rs.2,00,000/- [40 x Rs.5,000/-] towards disability. The
same is hereby confirmed.
8.The Tribunal has awarded a sum of Rs.25,000/- towards pain and
sufferings, Rs.4,000/- towards transportation, Rs.10,000/- towards extra
nourishment, 6,600/- towards attender charges. Taking into consideration the
nature of injuries, treatment taken by the claim Petitioner and period of
treatment, the same are hereby enhanced to Rs.40,000/-, Rs.10,000/-,
Rs.20,000/- and Rs.10,000/- respectively. Due to the injuries sustained by the
claim Petitioner, he would have last his salary for a period of 5 months and
accordingly, a sum of Rs.50,000/- [Rs.10,000/- x 5 = Rs.50,000/-] is awarded
towards loss of income and a sum of Rs.10,000/- is awarded towards loss of
amenities.
S.No. Heads Amount (Rs.)
1 Disability 200000
2 Pain and sufferings 40000
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C.M.A.No.515 of 2023
S.No. Heads Amount (Rs.)
3 Transportation 10000
4 Extra nourishment 20000
5 Attender charges 10000
6 Loss of income 50000
7 Loss of amenities 10000
Total 340000
The Tribunal has awarded 7.5% interest. The same is hereby confirmed.
9.In total, the claim Petitioner is entitled to a sum of Rs.3,40,000/-
(Rupees three lakh and forty thousand only).
10. In fine,
(i) this Civil Miscellaneous Appeal stands partly allowed, enhancing the award
amount from Rs.2,45,600/- to Rs.3,40,000/- to the extent indicated above, with
7.5% interest per annum. No Costs.
(ii) the Insurance Company is directed to deposit the enhanced award amount
before the Tribunal, within a period of eight weeks from the date of receipt of a
copy of this order, less the amount, if any already deposited.
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C.M.A.No.515 of 2023
(iii) on such deposit being made, the claim Petitioner/Appellant is permitted to
withdraw the entire enhanced award amount with accrued interest and costs,
less the award amount, if any, already withdrawn, by filing necessary
application before the Tribunal.
(iv) the claim Petitioner/Appellant is directed to pay the court fee, if any, for the
enhanced compensation amount and the Registry is directed to draft the decree
only after the receipt of Court fee.
03.03.2023
Index : Yes/No
Neutral citation : Yes/No
Speaking Order/Non-Speaking Order
sai
To
The II Special Sub Judge
Motor Accident Claims Tribunal
(Special Sub Court No.2)
Court of Small Causes
Chennai.
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C.M.A.No.515 of 2023
RMT.TEEKAA RAMAN.J,
sai
C.M.A.No.515 of 2023
Dated: 03.03.2023
https://www.mhc.tn.gov.in/judis
