Madras High Court
Kesavan vs P. Natarajan on 5 August, 2024
Author: R. Hemalatha
Bench: R. Hemalatha
C.M.A. No.1970 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.08.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.1970 of 2024
Kesavan ... Appellant
..Vs..
1. P. Natarajan
2. The Divisional Manager
M/s.The New India Assurance Co. Ltd.,
No.42, Big Street
Vasan Building, 2nd floor,
Thiruvannamalai. ...Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the award passed by the Motor Accidents
Claims Tribunal, District Court, Thiruvannamalai, in M.C.O.P.No.532 of
2007 dated 22.02.2008.
For Appellant : Mr. R. Rajarajan
For R2 : Mr. J. Chandran
R1 : Dispensed with notice.
JUDGMENT
The appellant is the claimant in M.C.O.P.No.532 of 2007 on
the file of the Motor Accidents Claims Tribunal, District Court,
https://www.mhc.tn.gov.in/judis
Thiruvannamalai, and he filed the said claim petition under Section 166
of the Motor Vehicles Act, seeking compensation of Rs.9,38,000/- for the
injuries sustained by him in a road accident on 10.05.2007.
2. The case of the claimant is that on 10.05.2007, at about 5.45
p.m., when he was riding his two wheeler T.V.S.1 Centra bearing
Registration No.TN 25 E 4460 on Thiruvannmalai-Chengam road, a lorry
bearing Registration No. TN 45 F 2179 belonging to the first respondent
and insured with the second respondent, came in the opposite direction
in high speed, hit the two wheeler, as a result of which, the claimant fell
down and sustained injuries. He was immediately rushed to Vijaya
Health Centre, Chennai, where he was admitted as an inpatient from
10.05.2007 to 25.05.2007.
2.1. According to the claimant, the rash and negligent driving
of the driver of the lorry was the cause of accident and that since the first
respondent insured his vehicle with the 2nd respondent, both of them are
jointly and severally liable to pay compensation.
https://www.mhc.tn.gov.in/judis
3.In the Tribunal, the first respondent remained absent and
therefore, was set ex parte. The second respondent, the New India
Assurance Company Limited, contested the claim petition on all the
grounds available to the insurer under Section 170 of the Motor Vehicles
Act.
4.The Tribunal after analysing the evidence on record, directed
the second respondent to pay compensation of Rs.2,16,000/- together with
interest at the rate of 7.5% per annum to the appellant/claimant from the
date of the petition till the date of realisation, vide its orders dated
22.02.2008.
5. Aggrieved over the orders passed by the Tribunal, the
appellant/claimant has filed the present appeal under Section 173 of the
Motor Vehicles Act, 1988.
6. Heard Mr.R.Rajarajan, learned counsel appearing for the
appellant and Mr. J. Chandran, learned counsel appearing for the second
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respondent.
7. Mr. Rajarajan, learned counsel for the appellant contended
that the claimant was an agriculturist on the date of accident and he
sustained a fracture on his right thigh and right hand. According to him,
the claimant was earning a sum of Rs.3,000/- per month. However, the
Tribunal has fixed his notional monthly income as Rs.2,000/-, which is on
the lower side. It is his further contention that the Tribunal had granted
very meagre amounts towards other heads and therefore, prayed for
enhancement of compensation.
8. Per contra, Mr. J.Chandran. learned counsel appearing for the
second respondent/Insurance Company contended that the Award passed
by the Tribunal is based on the well laid principles of law which were in
vogue at the time of passing of the order and therefore, the same need not
be disturbed.
9. It is seen from the records that the claimant was an
agriculturist on the date of the accident. The claimant did not adduce any
documentary evidence to show that he was earning a sum of Rs.3,000/-
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per month. However, this Court is of the view that fixing the notional
income at Rs.3,000/- per month for an agriculturist would meet the ends
of justice. The Tribunal had not granted any amount towards extra
nourishment, attender's charges and loss of amenities. Apart from this,
the claimant is entitled to get enhanced amounts under different heads.
The following tabular column would show the enhanced award amount
under various heads.
S.No. Description Amount awarded Amount awarded
by Tribunal (Rs.) by this Court (Rs.)
1. Disability 35,000/- 35,000/-
2. Medical Expenses 1,15,000/- 1,15,000/-
3. Pain and sufferings 2,000/- 15,000/-
4. Grievous injuries 40,000/- 45,000/-
5. Simple injuries 4,000/- -
6. Loss of earnings for 12,000/- 18,000/-
6 months (Rs.2,000/- p.m) (Rs.3,000/- p.m)
7. Transportation Rs.8,000/- 15,000/-
8. Extra nourishment - 2,000/-
9. Attender's charges - 2,000/-
10. loss of amenities - 1,000/-
Total Rs.2,16,000/- Rs.2,48,000/-
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10. Thus, the compensation awarded by the Tribunal is
enhanced from Rs.2,16,000/- to Rs.2,48,000/- which would carry interest
at the rate of 7.5% per annum.
11. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed. No costs.
(ii) The compensation awarded by the Tribunal is enhanced
from Rs.2,16,000/- to Rs.2,48,000/-.
(iii) The appellant / claimant is directed to pay the court fee for
the enhanced compensation amount, if any, and the Registry is directed to
draft the decree only after the receipt of Court fee.
(iv) The second respondent, the New India Assurance
Company Limited, Thiruvannamalai, is directed to deposit the enhanced
compensation amount i.e., Rs.2,48,000/- (less the amount already
deposited) together with interest at the rate of 7.5% per annum from the
date of claim petition till the date of deposit to the credit of
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MCOP.No.532 of 2007 on the file of the Motor Accident Claims
Tribunal, District Court, Thiruvannamalai, within a period of four weeks
from the date of receipt of a copy of this order and on such deposit being
made, the appellant/claimant is at liberty to withdraw the entire amount
with interest after following the due process of law.
05.08.2024
Index : Yes/No
Internet : Yes/No
bga
To
1. Motor Accident Claims Tribunal, District Court, Thiruvannamalai.
2. The Divisional Manager
M/s.The New India Assurance Co. Ltd.,
No.42, Big Street
Vasan Building, 2nd floor,
Thiruvannamalai.
3. The Section Officer, VR Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis
R. HEMALATHA, J.
bga
05.08.2024
https://www.mhc.tn.gov.in/judis
