Madras High Court
A.Subramanian vs M.Viswanathan on 21 March, 2023
CMA.No.1614 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :21.03.2023
CORAM :
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
Civil Miscellaneous Appeal No.1614 of 2014
A.Subramanian ... Petitioner/Appellant
-Vs-
1. M.Viswanathan
2. United India Insurance Company,
Cuddalore.
3. N.M.Narendira
4. Oriental Insurance Company,
Pondicherry. … Respondents
Prayer : Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988 against the judgment and decree dated
16.02.2004 made in M.C.O.P.No.773 of 2003 on the file of the Motor
Accident Claims Tribunal, Fast Track Court II, Cuddalore.
For Appellant : Mr.R.Sunilkumar
For Respondents : Mrs.R.Sreevidhya [R2]
Mr.M.Krishnamoorthy [R4]
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CMA.No.1614 of 2014
JUDGMENT
This Civil Miscellaneous Appeal arises against the judgment of the
Motor Accident Claims Tribunal, Fast Track Court II, Cuddalore, passed
in M.C.O.P.No.773 of 2003 on 16.02.2004.
2. The claimant has filed this appeal seeking enhancement of
compensation.
3. It is a case of the appellant/claimant that on 27.12.2000 at about
2.00 p.m., when the appellant and others were went for a family function
in a Swaraj Mazda Van bearing Registration No.B.Y 01-B-2228 belongs
to the third respondent, a bus bearing Registration No.TN-09-D-9199
came in the opposite direction in a rash and negligent manner and hit
against the van, as a result, one of the passengers and the driver of the
van died on the spot and the appellant/claimant sustained injuries.
Hence, the petitioner has filed a petition before the Tribunal claiming a
sum of Rs.15,00,000/- as compensation from the respondents together
with interests and costs for the injuries sustained by him.
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CMA.No.1614 of 2014
4. Before the Tribunal, on behalf of the claimant, the claimant and
three others were examined and 41 exhibits were marked. None were
examined on the side of respondents nor were any exhibits marked.
5. On appreciation of the materials before it, the Tribunal awarded
compensation as follows:
(a)Loss of Income : Rs. 1,20,000/-
(b)Medical Bills : Rs. 1,69,845/-
(c)Transport Charges : Rs. 10,000/-
(d)Extra Nourishment : Rs. 5,000/-
(e)Non Pecuniary Damage: Rs. 30,000/-
(f)Disability : Rs. 35,000/-
-----------------
Rs. 3,69,845/-
-----------------
The said sum was directed to be paid by the first and second respondents
along with interest at 9% per annum from the date of petition till the date
of deposit of the award amount.
6. Learned counsel for the appellant/claimant submits that the
appellant suffered extensive injuries all over the body including fracture
of both legs resulting in a disability of 65% and he is not able to do his
day-to-day work owing to the injury suffered in the accident and the
injury is also a permanent one. Though the doctor had assessed the
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CMA.No.1614 of 2014
disability at 65%, the Tribunal erred in fixing the disability at 35% and
awarding a sum of Rs.35,000/- and the Tribunal was also erred in
reducing the medical expenses from Rs.71,743/- to Rs.50,000/-. Learned
counsel further submits that the award under the other heads is also on
the lower side.
7. The learned counsel for the respondents 2 and 4, on the other
hand, submits that the order of the Tribunal is fair and justified and it
does not require interference by this Court.
8. Heard the learned counsel appearing for the parties and perused
the records.
9. Considering the nature of injuries sustained by the appellant,
this Court is of the view that the disability of the appellant/claimant can
be fixed at 50% and the monthly income of the appellant/claimant can be
fixed at Rs.5,000/-. Accordingly, the sum of Rs.1,20,000/- awarded
towards loss of income is enhanced to Rs.1,50,000/-
[Rs.5,000*12*5*50%]. The amount awarded under the other heads is
hereby confirmed.
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CMA.No.1614 of 2014
10. Accordingly, the modified award is calculated as follows:
S.No. Particulars Award of Enhanced
Tribunal amount
1. Loss of Income Rs. 1,20,000/- Rs. 1,50,000/- Enhanced
2. Medical Bills Rs. 1,69,845/- Rs. 1,69,845/- Confirmed
3. Transport Charges Rs. 10,000/- Rs. 10,000/- Confirmed
4. Extra Nourishment Rs. 5,000- Rs. 5,000/- Confirmed
5. Non Pecuniary Damages Rs. 30,000/- Rs. 30,000/- Confirmed
6. Disability Rs. Rs.35,000 Rs. 35,,000/- Confirmed
Rs. 3,69,845/- Rs. 3,99,845/-
11. Accordingly, the amount awarded by the Tribunal is enhanced
from Rs.3,69,845/- to Rs.3,99,845/- together with interest at 7.5% per
annum from the date of petition till the date of deposit. Though the
Tribunal has awarded 9% interest per annum from the date of petition till
the date of deposit, this Court is granting 7.5% interest per annum from
the date of petition till the date of deposit.
12. The respondents 2 and 4/ Insurance Company are directed to
deposit the entire amount i.e., Rs.3,99,845/- together with interest at
7.5% per annum, less the amount already deposited, if any, from the date
of petition till the date of deposit to the credit of MCOP.No.773 of 2003
on the file of the Motor Vehicle Accident Claims Tribunal, Fast Track
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CMA.No.1614 of 2014
Court II, Cuddalore within a period of six(6) weeks from the date of
receipt of a copy of this order.
13. The appellant/claimant shall be entitled to withdraw the entire
amount on such deposit by the respondents 2 and 4 on due application.
Accordingly, this Civil Miscellaneous Appeal is partly allowed.
No costs.
21.03.2023
mp
To
The Motor Vehicle Accident Claims Tribunal,
Fast Track Court II, Cuddalore.
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CMA.No.1614 of 2014
A.A.NAKKIRAN, J.
mp
CMA.No.1614 of 2014
21.03.2023
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