Madras High Court
L.Prabu vs Palanivel on 17 October, 2023
C.M.A(MD)No.209 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.10.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
C.M.A(MD)No.209 of 2017
L.Prabu,
... Appellant/Claimant
Vs
1. Palanivel
2. The Branch Manager,
New India Assurance Co. Ltd.,
No.3, Main Road, Dindigul-2..
... Respondents/Respondents
Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle
Act, 1988, praying this Court to allow the present appeal and enhance the
award amount in M.C.O.P.No.82 of 2008 on the file of Motor Accident Claims
Tribunal, Subordinate Court, Palani, dated 15.12.2016.
For Appellant : Mr.R.Thangapandian
For Respondents : Mr.D.Venkatesh (R1)
Mr.M.S.Suresh Kumar (R2)
https://www.mhc.tn.gov.in/judis
1/8
C.M.A(MD)No.209 of 2017
JUDGMENT
This Civil Miscellaneous Appeal has been filed to enhance the
award amount in M.C.O.P.No.82 of 2008 on the file of Motor Accident Claims
Tribunal, Subordinate Court, Palani, dated 15.12.2016.
2.The appellant met with an accident, while he was travelling in a
Transport Corporation Bus bearing registration No.TN 49 N 1634. At that time
the petitioner was undergoing final year MCA Degree. The bus, in which he
was travelling colluded with a lorry and he sustained 56% permanent disability
and underwent three surgeries and prolonged hospitilization, for which, the
learned Tribunal has passed an award amount of Rs.7,13,424/- against a claim
of Rs.20 lakhs. However, in this appeal, the appellant has limited his claim to
Rs.10 lakhs.
3.The appellant has sustained grevious injuries, resulting which, he
sustained 56% permanent disability, for which, multiplier of Rs.2,000/ per
percentage has been applied by the Tribunal and arrived at an amount of Rs.
1,18,000/- towards disability. The learned counsel appearing for the second
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.209 of 2017
respondent drew my attention that the aforesaid amount has been wrongly
calculated for 59% instead of 56%.
4.In view of the order passed by this Court in C.M.A(MD)No.1304
and 1305 of 2014, reported in 2022(1) TNMAC 182, wherein, this Court has
passed an order of enhancing Rs.3,000/- per percentage for permanent
disability, following which, I am inclined to enhance the compensation for 56%
permanent disability from Rs.2,000/- per percentage to Rs.3,000/- per
percentage and on calculating the same for 56% of permanent disability @ Rs.
3,000/-, the amount would come to Rs.1,68,000/-.
5.It is brought to the notice of this Court by the learned counsel for
the appellant that the Tribunal has not awarded any compensation towards
Attendant Charges. The Tribunal ought to have awarded compensation for
Attendant charges, on considering the period of hospitlization. Therefore, an
amount of Rs.30,000/- is hereby awarded towards the Attendant Charges.
6.With respect to medical expenses, an amount of Rs.4,85,424/-
has been awarded. The learned counsel for the second respondent vehemently
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.209 of 2017
contended that the same is exorbitant for the reason that several medical bills
observed by the Tribunal are duplicate of entry. However, perusal of the order
would reveal that the same has been appropriately calculated and the double
entry to the tune of Rs.2,28,671/- has been duly deducted and finally medical
expenditure has been awarded to the tune of Rs.4,85,424/- by the Tribunal.
Therefore, the same need not be interfered with.
7.As far as the future medical expenses are concerned, Tribunal
has not fixed any amount. Hence, I am inclined to fix Rs.20,000/- towards the
future medical expenses.
8.As far as the pain and sufferings is concerned, compensation
amount of Rs.45,000/- has been awarded by the Tribunal. I am of the
considered opinion that the above said compensation need not be interfered
with.
9.As far as nourishment is concerned, a fair compensation of Rs.
15,000/- has been fixed by the Tribunal and the same need not be interfered
with by this Court.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.209 of 2017
10.In respect of Transport expenses, I am of the considered
opinion that an amount of Rs.50,000/- has been fixed by the Tribunal and I am
of the considered opinion that it need not be interfered with.
11.Hence, the appellant/claimant is entitled to get total
compensation of Rs.8,13,424/- and the compensation awarded by the Tribunal
is modified as follows:-
Award
Amount confirmed or
S. Amount awarded
Description awarded by enhanced or
No. by this Court (Rs.)
Tribunal (Rs.) granted or
reduced
1. Permanent Disability 1,18,000/- 1,68,000/- Enhanced
2. Pain and suffering 45,000/- 45,000/- Confirmed
3. Nourishment 15,000/- 15,000/- Confirmed
4. Transportation 50,000/- 50,000/- Confirmed
5. Medical expenses 4,85,424/- 4,85,424/- Confirmed
6. Attendant charges Nil 30,000 Granted
Future Medical
7. Nil 20,000 Granted
expenses
Enhanced by
Total 7,13,424/- 8,13,424/-
Rs.1,00,000/-
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.209 of 2017
12. In the result, this Civil Miscellaneous Appeal is partly allowed
and the compensation awarded by the Tribunal is hereby enhanced to Rs.
8,13,424/- (Rupees Eight Lakhs Thirteen Thousand Four Hundred and Twenty
Four only) from Rs.7,13,424/-. The second respondent is directed to deposit the
modified enhanced amount with interest at 7.5% per annum from the date of
claim petition till the date of deposit to the credit of M.C.O.P.No.82 of 2018 on
the file of Motor Accident Claims Tribunal/Subordinate Court, Palani, after
deducting the amount already deposited, if any, within a period of four weeks
from the date of receipt of a copy of this order. On such deposit being made, the
appellant/claimant is permitted to withdraw the award amount with interest and
costs, less the amount already withdrawn, if any, on due application before the
Tribunal. The appellant is directed to pay the court fee for the enhanced
compensation, if any, and the Registry is directed to draft the decree only after
the payment of Court fee. No costs.
17.10.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes
PNM
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.209 of 2017
To
1.The Motor Accident Claims Tribunal,
Subordinate Court, Palani.
2.The Record Keeper,
Vernacular Section, Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.209 of 2017
L.VICTORIA GOWRI, J.
PNM
JUDGMENT IN
C.M.A(MD)No.209 of 2017
17.10.2023
https://www.mhc.tn.gov.in/judis
