Madras High Court
Saravanan vs Jasmine on 19 August, 2024
Author: R. Hemalatha
Bench: R. Hemalatha
C.M.A.No.1464 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2024
CORAM
THE HON'BLE MRS. JUSTICE R. HEMALATHA
C.M.A.No.1464 of 2024
Saravanan ... Appellant
Vs.
1.Jasmine
2.The Royal Sundharam Alliance Insurance Co. Limited,
Legal Department "Subramaniyan Building",
2nd floor, No.1, Club House Road,
Annasalai, Chennai - 600 002. ... Respondents
PRAYER: Civil Miscellaneous Appeals filed under Section 173 of the
Motor Vehicles Act, 1988 challenging the Judgment and Decree dated
22.12.2023 made in M.C.O.P. No.40 of 2022 on the file of the Motor
Accidents Claims Tribunal, Chief Judicial Magistrate Court, Ariyalur.
For Appellant : Mr.Amar Pandiyan
For Respondents : Mr.G.Vasudevan
for R2
R1 - Dispensed with
JUDGMENT
The appellant is the claimant in M.C.O.P. No.40 of 2022 on the file of
the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court,
https://www.mhc.tn.gov.in/judis
Ariyalur. He filed the claim petition under Section 166 of the Motor Vehicles
Act, 1988 seeking compensation of Rs.12,00,000/- for the injuries sustained
by him in a road accident which happened on 23.03.2022.
2. The brief case of the appellant / claimant is as follows :
On 23.03.2022, the claimant was riding his two wheeler bearing
registration No.TN 61 R 8031 on Keezhappazhuvur - Karuvidaicherry road.
When he was nearing the market road, the driver of a lorry bearing
registration No.TN 61 L 6381 suddenly took the lorry in a reverse gear and
hit the two wheeler driven by the appellant. The appellant fell-off from his
two wheeler and sustained injuries all over his body. He was immediately
rushed to A.S.Nursing Home, where he was treated as an in-patient for
eleven days.
3. According to the claimant, he was a teacher in Government High
School, Kovilur, Ariyalur (DT) earning a sum of Rs.71,000/- per month and
on account of the accident, he sustained fracture of both bones on right leg.
He, therefore, prayed for grant of compensation to the tune of
Rs.12,00,000/-. The owner of the lorry remained absent before the Tribunal
and was set ex-parte.
https://www.mhc.tn.gov.in/judis
4. The learned counsel appearing for the second respondent, the Royal
Sundharam Alliance Insurance Company Limited resisted the claim petition
on all the grounds available to them under Section 170 of the Motor
Vehicles Act.
5. The Tribunal after analysing the evidence on record awarded a sum
of Rs.3,35,000/- together with interest at the rate of 7.5% per annum from
the date of petition till the date of realisation, vide its order dated
22.12.2023.
6. Aggrieved over the quantum of compensation awarded by the
Tribunal, the claimant has filed the present appeal under Section 173 of the
Motor Vehicles Act, 1988.
7. Heard Mr.Amar Pandiyan, learned counsel appearing for the
appellant and Mr.G.Vasudevan, learned counsel for the second respondent,
the Royal Sundharam Alliance Insurance Company Limited.
8. Mr.Amar Pandiyan, learned counsel appearing for the appellant
contended that the Tribunal had not granted any amount towards medical
https://www.mhc.tn.gov.in/judis
expenses eventhough the appellant produced records to show that he had
incurred expenses to the tune of Rs.1,67,000/-. He would further contend
that the Tribunal had awarded only a sum of Rs.5,000/- per percentage of
disability eventhough the accident took place in the year 2022. He, therefore,
prayed for enhancement of compensation awarded by the Tribunal.
9. It is seen from the medical records that the claimant had incurred
expenditure to the tune of Rs.1,67,000/- for his treatment. A sum of
Rs.38,000/- was reimbursed to him by M/s.Star Health Insurance Company
Limited. After deducting the said amount, a sum of Rs.1,29,000/- has to be
awarded. The accident happened in the year 2022 and therefore, awarding a
sum of Rs.8,000/- per percentage of disability could meet the ends of justice.
10. The following tabular column shows the award passed by the
Tribunal and the enhanced amount passed by this Court:
Heads Amount awarded by the Amount awarded by this
Tribunal in Rs. Court in Rs.
Partial Permanent 2,30,000 (Rs.8,000/- x 46)
Disability 3,68,000
Transport to Hospital 10,000 10,000
Pain and sufferings 30,000 30,000
Extra Nourishment 15,000 15,000
https://www.mhc.tn.gov.in/judis
Heads Amount awarded by the Amount awarded by this
Tribunal in Rs. Court in Rs.
Future Medical 25,000 ---
Expenses
Loss of amenities 25,000 25,000
Medical Expenses --- 1,29,000
Total 3,35,000 5,77,000
11. In the result,
i. The Civil Miscellaneous Appeal is partly allowed.
ii. The compensation awarded by the Tribunal is enhanced from
Rs.3,35,000/- to Rs.5,77,000/-.
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, the Royal Sundharam Alliance Insurance
Company Limited is directed to deposit the enhanced compensation
amount i.e., Rs.5,77,000/- (less the amount already deposited, if any)
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
https://www.mhc.tn.gov.in/judis
M.C.O.P. No.40 of 2022 on the file of the Motor Accidents Claims
Tribunal, Chief Judicial Magistrate Court, Ariyalur.
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. The ratio of apportionment made by the
Tribunal shall be kept intact.
vi. It is made clear that the appellant is not entitled for interest for the
period of delay in filing this appeal on the amount enhanced by this
Court. No costs.
19.08.2024
Index : Yes/No
Speaking Order : Yes / No
Neutral Citation Case: Yes / No
ab
To
1. The Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court,
Ariyalur.
https://www.mhc.tn.gov.in/judis
2. The Section officer, Record Section, High Court of Madras.
https://www.mhc.tn.gov.in/judis
R. HEMALATHA. J.,
ab
19.08.2024
https://www.mhc.tn.gov.in/judis
