Madras High Court
Sudarmani vs Thaivan Plastic Industries on 6 March, 2023
C.M.A.No.915 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.03.2023
CORAM
THE HON'BLE MRS.JUSTICE N.MALA
C.M.A.No.915 of 2020
Sudarmani ...Appellant
vs.
1.Thaivan Plastic Industries,
D.No.34/7, Puliamara Thottam Street,
Karuvampalayam,
Tiruppur – 641 604.
2.The New India Assurance Co. Ltd.,
Sethu Krishan Trade Centre,
II Floor, No.133/31A,
Trichy Main Road,
Gugai, Salem 636 006. … Respondents
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, against the Judgment and Decree dated 05.01.2018
passed in M.C.O.P.No.2519 of 2015 on the file of the Motor Accidents
Claims Tribunal / Special Sub Judge No.1, Salem.
For Appellant : Mr.C.Thangaraju
For R1 : M/s.D.Chitra Maragatham
For R2 : Mr.J.Chandran
1
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C.M.A.No.915 of 2020
*****
JUDGMENT
This appeal is filed against the Judgment and Decree dated
05.01.2018 passed in M.C.O.P.No.2519 of 2015 on the file of the Motor
Accidents Claims Tribunal / Special Sub Judge No.1, Salem. The said
appeal is filed by the claimant seeking enhancement of compensation.
2.The summary of the facts leading to the appeal are as follows:
On 12.09.2015 at about 10.30 p.m., while the claimant was riding his
Bajaj Pulsar, Motorcycle, bearing Registration No.TN 77 Z 6804 at
Ulundurpet By-pass near Perumal Kovil, an Eicher Lorry bearing
Registration No.TN 42 9528 driven by its driver in a rash and negligent
manner hit the claimant's vehicle, due to which the claimant fell down and
sustained multiple grievous injuries all over the body. Initially, the claimant
was taken to the General Hospital, Salem and for further treatment he was
taken to Kurinji Hospital, Salem. At the time of accident, the claimant was
aged about 23 years and he was working as Supervisor, earning a sum of
Rs.12,000/- per month. The claimant therefore filed the claim petition
seeking Rs.25,00,000/- as compensation for the injuries sustained by him in
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C.M.A.No.915 of 2020
the accident.
3.The first respondent initially appeared through counsel and
thereafter remained absent. The second respondent/Insurance company
appeared and filed the counter. The second respondent in its counter denied
all the averments raised by the claimant. The second respondent contended
that the claim of the claimant for a sum of Rs.25,00,000/- was exorbitant
and untenable.
4.Before the Claims Tribunal the claimant examined himself as PW1
and the claimant's daughter was examined as PW2 and Ex.P1 to P10 were
marked. The second respondent examined two witnesses and no documents
were marked.
5.The Motor Accident Claims Tribunal on an assessment of entire
evidence on record returned a finding of negligence against the driver of the
first respondent and mulcted the liability on the second respondent, who was
the insurer of the first respondent. The Tribunal awarded a sum of
Rs.1,29,841/- as compensation along with interest at the rate of 7.5%. Not
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C.M.A.No.915 of 2020
satisfied by the amount awarded by the Tribunal, the claimant has filed filed
the appeal challenging the Judgment and Decree of the Claims Tribunal.
6.The learned counsel for the appellant submitted that the award of
the Tribunal towards permanent disability was disproportionate to the nature
of injuries sustained by the claimant. He further submitted that the Tribunal
failed to award just compensation towards attender charges and other heads
and hence prayed that the compensation may be enhanced.
7.The learned counsel for the second respondent submitted that the
award passed by the Tribunal was just, fair and reasonable and did not call
for any interference in the appeal.
8.I heard both the learned counsel and I have perused the records.
9.The learned counsel for the appellant submitted that the Tribunal
failed to note that the accident occurred on 12.09.2015 and therefore the
Tribunal ought to have awarded Rs.4,000/- per percentage of disability
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C.M.A.No.915 of 2020
instead of Rs.3,000/-, which was very low. As the accident occurred in
2015, I am of the view that the appellant is entitled to Rs.4,000/- per
percentage of disability. The appellant sustained fracture on the right
forearm and therefore in my view the claimant is entitled to compensation
towards attender charges and loss of income for the treatment period.
10.In view of the above discussion, I am of the view that the award of
the Tribunal needs to be modified and the same is modified as follows:
SI. Particulars Tribunal Enhancement Court
No.
1 Permanent Disability Rs.51,000/- Rs.17,000/- Rs.68,000/-
2 Pain & suffering Rs.20,000/- Rs.20,000/-
3 Transport Charges Rs.10,000/- Rs.10,000/-
4 Medical Bills Rs.18,841/- Rs.18,841/-
5 Nutritious Food Rs.15,000/- Rs.15,000/-
6 Loss of Amenities Rs.15,000/- Rs.15,000/-
7 Attender Charges Nil Rs.10,000/- Rs.10,000/-
8 Loss of Income Nil Rs.10,000/- Rs.10,000/-
TOTAL Rs.1,29,841/- Rs.37,000/- Rs.1,66,841/-
rounded off
to
Rs.1,67,000/-
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C.M.A.No.915 of 2020
11.The appellant shall be entitled for a sum of Rs.1,67,000/- along
with interest at the rate of 7.5%, from the date of the claim petition till the
date of realisation. The Insurance Company is directed to deposit the
amount of Rs.1,67,000/- along with interest at the rate of 7.5%, within a
period of six weeks from the date of receipt of a copy of this order less the
amount already deposited, if any. On such deposit, the claimant shall
entitled to withdraw the said amount by making proper application before
the Tribunal.
12.In the result, the Civil Miscellaneous Appeal is partly allowed.
There shall be no order as to costs.
06.03.2023
Index : yes/no
Internet : yes/no
ah
To
1.The Motor Accidents Claims Tribunal/
Special Sub Judge No.1,
Salem.
2.The New India Assurance Co. Ltd.,
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C.M.A.No.915 of 2020
Sethu Krishan Trade Centre,
II Floor, No.133/31A,
Trichy Main Road,
Gugai, Salem 636 006.
3.The Section Officer,
V.R.Section,
High Court,
Madras.
N.MALA, J.
ah
C.M.A.No.915 of 2020
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C.M.A.No.915 of 2020
06.03.2023
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