Madras High Court
S.Gunasri vs E.Chandramouli on 3 January, 2024
C.M.A.No.2013 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.01.2024
CORAM
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
C.M.A.No.2013 of 2021
S.Gunasri
D/o.Sankar
No.3, Vinayagar Koil Street
Muthamizh Nagar, Kundumedu
Puthu Perungalathur
Chennai 600063 ... Appellant
Vs.
1.E.Chandramouli
S/o.E.Krishnamurthy
No.8/17, Basha Street
Cholaimedu, Chennai 600094
2.National Insurance Co. Ltd.,
No.751, Anna Salai
Chennai 600002 ... Respondents
Prayer: Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the
Judgment and Decree in MCOP.No.6599 of 2015 dated 23.04.2019 on the file
of the Motor Accident Claims Tribunal/(Special Sub Court No.1, Motor
Accident Claims Petitions) Small Causes Court, Chennai.
For Appellant : Ms.Ramya V.Rao
For Respondents : Mr.D.Bhaskaran (for R2)
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C.M.A.No.2013 of 2021
JUDGMENT
The Appeal has been filed against the Judgment and Decree made in
MCOP.No.6599 of 2015 dated 23.04.2019 on the file of the Motor Accident
Claims Tribunal/(Special Sub Court No.1, Motor Accident Claims Petitions)
Small Causes Court, Chennai.
2.The claim Petitioner is the Appellant herein. For the sake of
convenience, the parties are referred to as per their ranking before the trial
Court.
3.The claim Petitioner filed MCOP.No.6599 of 2015, seeking
compensation for the injuries sustained by her in a road traffic accident
occurred on 28.02.2015. The Tribunal has awarded a sum of Rs.48,200/- with
interest at the rate of 7.5%. Aggrieved against the same and seeking
enhancement, she has preferred this Appeal.
4.The factum of the accident, manner of the accident, rash and negligent
driving on the part of the driver of the 1st Respondent's vehicle, insured with the
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2nd Respondent are not under challenge in this Appeal. Accordingly, the
finding rendered by the trial Court that the accident taken place due to the rash
and negligent driving of the driver of the 1st Respondent's vehicle, insured with
the 2nd Respondent are hereby confirmed.
5.During the trial, on the side of the claim Petitioner, PW1 was
examined, Ex.P1 to Ex.P.7 were marked and on the side of the Respondents,
none was examined and no document was marked and Ex.C1/Disability
Certificate issued by the Medical Board was marked as court document.
6.Heard the learned counsel for the claim Petitioner and learned counsel
for the Insurance Company on the point of quantum of compensation.
7.On perusal of the oral evidence of PW1 coupled with Ex.P1/copy of
FIR, Ex.P.2/OP Chit & Ex.P.3/Transport bills, I find that the FIR copy and OP
chit, filed by the Petitioner as Ex.P1 and Ex.P2, respectively clearly proves the
injuries sustained by the claim Petitioner due to the accident and the treatment
taken by her. There is no surgical intervention on the Petitioner. To prove the
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disability caused to the Petitioner, she has appeared before the medical board.
After assessing the Petitioner's disability, the Medical Board has issued
Ex.C1/disability certificate. The Medical Board considering the injuries has
assessed the disability of the claim Petitioner as 5%. The claim Petitioner had
sustained injury in left lower limb. Considering that only 5% disability was
assessed by the Medical Board and the same must be partial and permanent
only. This Court accepts the disability as 5% partial and permanent as per
Ex.C1.
8.Taking into consideration the nature of the injuries sustained and the
disability suffered by the claim Petitioner/Appellant and in the interest of
justice, I am of the considered view that the amount awarded by the Tribunal
has to be enhanced to Rs.75,000/-, as consolidated amount which is inclusive of
interest.
9.In total, the claim Petitioner is entitled to a sum of Rs.75,000/- (Rupees
seventy five thousand only).
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10. In fine,
(i) this Civil Miscellaneous Appeal stands partly allowed, enhancing the award
amount from Rs.48,200/- to Rs.75,000/- to the extent indicated above.
(ii) the Insurance Company is directed to deposit the enhanced award amount
before the Tribunal, within a period of eight weeks from the date of receipt of a
copy of this order, less the amount, if any already deposited.
(iii) on such deposit being made, the claim Petitioner/Appellant is permitted to
withdraw the entire enhanced award amount, less the award amount, if any,
already withdrawn, by filing necessary application before the Tribunal.
(iv) the claim Petitioner/Appellant is directed to pay the court fee, if any, for the
enhanced compensation amount and the Registry is directed to draft the decree
only after the receipt of Court fee.
03.01.2024
Index : Yes/No
Neutral citation : Yes/No
Speaking Order/Non-Speaking Order
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sai
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RMT.TEEKAA RAMAN.J,
sai
To
The Presiding Officer
(Special Sub Court No.1, Motor Accident Claims Petitions)
Court of Small Causes
Chennai
Dated: 03.01.2024
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