Madras High Court
Rishi Krishna Iyer vs S.Arumugam on 13 August, 2024
Author: R.Hemalatha
Bench: R.Hemalatha
CMA.No.1892 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.08.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R.HEMALATHA
C.M.A.No.1892 of 2024
Rishi Krishna Iyer ... Appellant
vs.
1. S.Arumugam
2. The Manager,
Magma HDI General Insurance Company Limited,
2nd Floor, Door No-old 98/99,
New 140-150, Luz Church Road,
Mylapore - 600 004. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 19.07.2023 in
M.C.O.P.No.7431/2018 on the file of the Motor Accident Claims
Tribunal, II Small Causes Court, Chennai.
For Appellant : Mr.K.Varadha Kamaraj
For R1 : Mr.Santhosh Kumar
For R2 : Ms.S.R.Sumathi
JUDGMENT
https://www.mhc.tn.gov.in/judis
The appellant is the claimant in M.C.O.P.No.7431/2018 on the
file of the Motor Accident Claims Tribunal, II Small Causes Court,
Chennai. He filed the claim petition under Section 166 of the Motor
Vehicles Act, 1988 and Rule 3 of M.A.C.T. Rules seeking compensation
of Rs.1,21,000/- for the injuries sustained by him in a road accident which
happened on 15.09.2018.
2. Heard Mr.K.Varadha Kamaraj, learned counsel for the
appellant / claimant, Mr.Santhosh Kumar, learned counsel appearing for
the first respondent and Ms.S.R.Sumathi, learned counsel appearing for
the second respondent.
3. Mr.K.Varadha Kamaraj, learned counsel for the appellant /
claimant contended that the claimant was aged 24 years on the date of
accident and his right hand is amputed up to shoulder level. However, the
Tribunal did not award amount towards marital prospects.
4. A perusal of the records shows that the Tribunal had awarded
compensation as shown below:
S.No. Heads Amount
1 Towards Disability Rs.41,31,000/-
https://www.mhc.tn.gov.in/judis
S.No. Heads Amount
2 Towards Pain and sufferings Rs.1,00,000/-
3 Towards Loss of earning during Treatment Rs.45,000/-
4 Towards Medical Expenses Rs.5,84,819/-
5 Towards Loss of Amenities Rs.1,00,000/-
6 Towards Attenders Charges Rs.50,000/-
7 Towards Transportation Charges Rs.50,000/-
8 Towards Extra Nourishment Rs.50,000/-
Total Rs.51,10,819/-
5. All the amount awarded by the Tribunal is perfectly in order.
However, as rightly pointed out by the learned counsel for the
appellant/claimant, the Tribunal had not awarded any amount towards the
marital protects especially when the claimant was only 24 years on the
date of the accident. Hence, this Court is of the opinion that awarding a
sum of Rs.2,00,000/- towards loss of marital prospects would meet the
ends of justice. The compensation under the other heads shall remain
intact.
Calculation:
Total Compensation awarded
by the Tribunal = Rs.51,10,819/-
Marital prospects = Rs.2,00,000/-
(51,10,819 +2,00,000/- = 53,10,819/-)
https://www.mhc.tn.gov.in/judis
6. The compensation awarded by the Tribunal is enhanced from
Rs.51,10,819/- to Rs.53,10/819/- which would carry interest at the rate of
7.5% per annum.
7. In the result,
i. The Civil Miscellaneous Appeal is partly allowed.
ii. The compensation awarded by the Tribunal is enhanced from
Rs.51,10,819/- to Rs.53,10/819/-.
iii. The appellant / claimant is directed to pay court fee for the
enhanced compensation amount, if any, within a period of four
weeks from the date of this order and the Registry is directed to
draft the decree only after receipt of the Court fee.
iv. The second respondent / Magma HDI General Insurance Company
Limited is directed to deposit the enhanced compensation amount
i.e., Rs.53,10/819/- (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 within a period of four weeks from
the date of receipt of a copy of this order to the credit of
M.C.O.P.No.7431/2018 on the file of the Motor Accident Claims
https://www.mhc.tn.gov.in/judis
Tribunal, II Small Causes Court, Chennai.
v. On such deposit being made, the appellant / claimant is at liberty to
withdraw the same as per the orders passed by the Tribunal after
following due process of law. No costs.
13.08.2024
Index : Yes/No
Speaking/Non-speaking order
Neutral Citation : Yes / No
vum
To
1.The Motor Accidents Claims Tribunal,
II Small Causes Court, Chennai
2. The Manager,
Magma HDI General Insurance Company Limited,
2nd Floor, Door No-old 98/99,
New 140-150, Luz Church Road,
Mylapore - 600 004.
3.The Section Officer, VR Section,
Madras High Court, Chennai.
R.HEMALATHA, J.
vum
https://www.mhc.tn.gov.in/judis
13.08.2024
https://www.mhc.tn.gov.in/judis
