K.Sasikumar vs R.Iyyanar
2023 Latest Caselaw 12224 Mad

Citation : 2023 Latest Caselaw 12224 Mad
Judgement Date : 11 September, 2023

Madras High Court

K.Sasikumar vs R.Iyyanar on 11 September, 2023

                                                                             C.M.A.No.1912 of 2023

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 11.09.2023

                                                       CORAM :

                                  THE HONOURABLE MR. JUSTICE SUNDER MOHAN

                                                  C.M.A.No.1912 of 2023

                     K.Sasikumar                                              ... Appellant

                                                         Versus


                     1.R.Iyyanar

                     2.Reliance General Insurance Company Limited,
                       AVS Tower, Next to Srinivasa Motors
                       R.S. No.181/2, 100 Feet Road,
                       Sundararaja Nagar, Mudaliyarpet,
                       Puducherry – 605 004.                                  ... Respondents

                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, against the judgment and decree dated 15.07.2022
                     passed in M.C.O.P.No.583 of 2019, on the file of the Motor Accident
                     Claims Tribunal, Special Sub Judge No.II, Villupuram.


                                  For Appellant        : Ms.V.Suguna

                                  For R2               : Mr.G.Sugumari




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                                                                                     C.M.A.No.1912 of 2023

                                                        JUDGMENT

This appeal has been filed by the appellant/claimant challenging

the compensation awarded by the Tribunal in M.C.O.P.No.583 of 2019,

dated 15.07.2022.

2.The claim petition was filed by the appellant stating that on

07.12.2018 at about 10.00 a.m., while the appellant was performing his

duty as Police Constable, the lorry insured with the 2nd

respondent/Insurance company driven by its driver in a rash and

negligent manner, dashed against the appellant causing grievous injuries

to him; that the appellant was entitled for compensation.

3.The 1st respondent/owner of the offending vehicle remained ex-

parte before the Tribunal.

4.The 2nd respondent/Insurance Company resisted the claim

petition stating that the accident did not take place in the manner alleged

by the appellant; that the driver of the lorry did not have valid driving

license; that in any case, the compensation claimed was excessive and

prayed for dismissal of the claim petition. https://www.mhc.tn.gov.in/judis

C.M.A.No.1912 of 2023

5.Before the Tribunal, the appellant examined himself as P.W.1

and marked Ex.P.1 to Ex.P.18 on his side. The 2nd respondent did not

examined any evidence or marked any document.

6.The Tribunal after considering the evidence on record awarded a

sum of Rs.2,41,261/- as compensation to the appellant.

7.Aggrieved over the award passed by the Tribunal, the appellant

filed the present appeal seeking for enhancement of compensation.

8.The learned counsel for the appellant submitted that the Tribunal

had not awarded any compensation under the head disability; that the

compensation awarded by the Tribunal under other heads is meagre and

hence, prayed for enhancement of compensation.

9.The learned counsel for the appellant submitted that the 1st

respondent remained ex-parte before the Tribunal and he prayed to

dispense with notice to the 1st respondent and he had also made an

endorsement to that effect. Hence, notice to the 1st respondent is

dispensed with.

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C.M.A.No.1912 of 2023

10.The learned counsel for the 2rd respondent per contra submitted

that the compensation awarded by the Tribunal is just and reasonable and

hence, no interference is called for and therefore, prayed for dismissal of

the appeal.

11.The only question involved in the instant appeal is whether the

compensation awarded by the Tribunal is just and reasonable?

12.On perusal of records, it is seen that the appellant was

examined by the Doctor and on examination, the Doctor had assessed the

disability as nil. Hence, the Tribunal had not awarded any compensation

under the head disability, which cannot be faulted. However, this Court

is of the view that the compensation awarded by the Tribunal under the

head transportation expenses and pain and sufferings is meagre and

hence, a sum of Rs.5,000/- awarded under the head transportation is

enhanced to Rs.10,000. Similarly a sum of Rs.60,000/- awarded by the

Tribunal under the head pain and sufferings is enhanced to Rs.1,00,000/-.

The compensation awarded by the Tribunal under other heads is just and

reasonable and hence, the same are confirmed. Thus, the compensation https://www.mhc.tn.gov.in/judis

C.M.A.No.1912 of 2023

awarded by the Tribunal is modified as follows:-

S. Description Amount Amount Award
No awarded by awarded by confirmed or
Tribunal this Court enhanced or
(Rs) (Rs) granted
1. Loss of Income - - Confirmed
2. Transportation 5,000 10,000 Enhanced
Expenses
3. Pain and 60,000 1,00,000 Enhanced
Sufferings
4. Nutrition and 20,000 20,000 Confirmed
other
requirements
5. Attender Charges 20,000 20,000 Confirmed
6. Damages to 5,000 5,000 Confirmed
Clothes
7. Future losses 20,000 20,000 Confirmed
8. Medical Expenses 1,16,261 1,16,261 Confirmed
Total 2,46,261 2,91,261 Enhanced by
Rs.45,000/-

13.With the above modification, this Civil Miscellaneous Appeal

is partly allowed and the compensation awarded by the Tribunal at

Rs.2,46,261/- is hereby enhanced to Rs.2,91,261/-, together with interest at

7.5% per annum (excluding the default period, if any) from the date of

petition till the date of deposit. The 2nd respondent/Insurance Company is

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C.M.A.No.1912 of 2023

directed to deposit the award amount now determined by this Court along

with interest and costs, less the amount already deposited, if any, within a

period of six (6) weeks from the date of receipt of a copy of this

Judgment. On such deposit, the appellant is entitled to withdraw the

entire award amount now determined by this Court, along with interest