Madras High Court
Karthik vs Singaravel on 30 November, 2023
Author: M.Dhandapani
Bench: M.Dhandapani
C.M.A.No.1248 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.11.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
C.M.A.No.1248 of 2020
Karthik ... Appellant
Vs.
1.Singaravel
(The first respondent remained Ex-parte
before the Tribunal. Hence, notice may
be dispensed with)
2.M/s.National Insurance Company Ltd.,
No.33, K.R.T.Buildings
Promonede Road, Cantonment
Trichy-1
rep. by its Divisional Manager. ... Respondents
Prayer:
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, against the order and decreetal order in M.C.O.P.No.235
of 2017 dated 17.03.2020 on the file of Motor Accidents Claims
Tribunal / Chief Judicial Magistrate, Perambalur.
For Appellant : Mr.S.Kamadevan
For Respondents : R1 – Exparte
Ms.N.B.Surekha for R2
1/7
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C.M.A.No.1248 of 2020
JUDGMENT
This appeal has been filed against the order and decreetal order
dated 17.03.2020 passed by the Motor Accidents Claims Tribunal /
Chief Judicial Magistrate, Perambalur, in M.C.O.P.No.235 of 2017.
2.The learned counsel appearing for the appellant submitted that
on 23.11.2016 at about 4 p.m., the appellant was riding his Hero
Passion Pro Two Wheeler bearing Registration No.TN-46-R-1068 along
with his mother Jayamani as pillion rider on Chennai – Trichy NH – 45
Road from North to South near Thozhudhur Bridge. At that time, the
rider of the two wheeler bearing Registration No.TN-31-AQ-5088 which
was proceeding in front of the two wheeler driven by the appellant
suddenly drove the vehicle from East to West in a rash and negligent
manner and dashed against the two wheeler driven by the appellant,
due to which, the appellant sustained injuries.
3.The learned counsel appearing for the appellant further
submitted that thereafter, the injured claimant/ appellant filed claim
petition before the Motor Accidents Claims Tribunal, claiming
compensation of Rs.10 Lakhs and the Tribunal awarded a sum of
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Rs.1,01,000/- as compensation to the appellant. The learned counsel
further submitted that the amount awarded by the Tribunal is meagre
and hence, the appellant claimant has filed this appeal for
enhancement of compensation.
4.The learned counsel appearing for the second respondent
Insurance Company submitted that the Tribunal after considering all
the factual aspects, awarded the compensation which is just and
reasonable and hence, the impugned judgment warrants no
interference.
5.Heard the learned counsel appearing for the appellant claimant
as well as the learned counsel appearing for the second respondent
Insurance Company and perused the materials available on record.
6.The accident and the manner in which the accident happened
are not disputed. This appeal has been filed only questioning the
quantum of compensation.
7.The tribunal after elaborately discussing the factual aspects
awarded a sum of Rs.75,000/- for disability, Rs.5,000/- for pain and
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sufferings, Rs.6,000/- for loss of income, Rs.5,000/- for extra
nourishment and for transportation charges, Rs.5,000/- for mental
agony, Rs.5,000/- for attender charges and arrived at a total
compensation of Rs.1,01,000/- with interest at the rate of 7.5% p.a.
from the date of petition till the date of deposit and costs and directed
the second respondent to deposit the compensation.
8.The Tribunal has fix the disability of the claimant as 25% and
has awarded Rs.3,000/- per percentage of disability, however, at the
relevant point of time Rs.5,000/- per percentage of disability was
awarded. Hence, amount awarded for disability works out to
Rs.1,25,000/- [25% X Rs.5,000/- = Rs.1,25,000/-]. The amount
awarded under the head pain and suffering and extra nourishment and
transportation charges, in the opinion of this Court is low and this
Court is inclined to enhance the amount awarded under the said heads.
Accordingly, the amount awarded for pain and suffering is enhanced to
Rs.25,000/- from Rs.5,000/- and the amount awarded for extra
nourishment and transportation charges is enhanced to Rs.10,000/-
from Rs.5,000/-. The amount awarded under the heads loss of income
and attender charges are just and reasonable and the same are
confirmed. In the considered opinion of this Court, the amount
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awarded for mental agony is not necessary and hence the amount
awarded under the said head is deleted.
9.Accordingly, the compensation amount is re-assessed as
follows:
S.No. Description Amount Awarded Amount Awarded
by the Tribunal by this Court
1. Disability Rs. 75,000/- Rs.1,25,000/-
2. Extra nourishment and Rs. 5,000/- Rs. 10,000/-
transportation charges
3. Mental agony Rs. 5,000/- ---
4. Loss of income Rs. 6,000/- Rs. 6,000/-
5. Attender charges Rs. 5,000/- Rs. 5,000/-
6. Pain and sufferings Rs. 5,000/- Rs. 25,000/-
Total Rs.1,01,000/- Rs.1,71,000/-
10.The appellant claimant is entitled to total compensation of
Rs.1,71,000/- along with interest at the rate of 7.5% p.a. from the
date of petition till the date of deposit.
11.The civil miscellaneous appeal is allowed. The order and
decreetal order of the Motor Accidents Claims Tribunal / Chief Judicial
Magistrate, Perambalur in M.C.O.P.No.235 of 2017 dated 17.03.2020,
is modified to the above extent. No costs.
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12.The second respondent Insurance Company is directed to
deposit the modified/ enhanced award amount before the Tribunal
within a period of four weeks from the date of receipt of a copy of this
judgment, less the amount if any, already deposited. On such deposit
being made, the appellant/ claimant is permitted to withdraw the
modified/ enhanced award amount, along with accrued interest and
costs, after deducting the amount already withdrawn, if any, on
making proper and necessary application before the Tribunal. The
appellant/ claimant shall not be entitled to any interest for the period
of delay, if any, in filing the appeal. The appellant/ claimant is directed
to pay the requisite Court fee for the enhanced compensation amount,
if required. The Motor Accidents Claims Tribunal / Chief Judicial
Magistrate, Perambalur, shall disburse the enhanced amount upon
production of certified copy showing proof of payment of Court fee by
the appellant/ claimant.
30.11.2023
pri
Index: Yes/ No
Speaking Order: Yes/ No
NCC: Yes/ No
To
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1.The Motor Accidents Claims Tribunal /
Chief Judicial Magistrate, Perambalur.
M.DHANDAPANI,J.
pri
30.11.2023
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
