Madras High Court
Srinivasan vs R.Jayaraman on 4 January, 2024
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.01.2024
CORAM:
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
C.M.A.No.4288 of 2019
Srinivasan ... Appellant
Vs.
1.R.Jayaraman
2.The Bajaj Allianz General Insurance Co.Ltd.,
No.105-A/107-A, Cears Plaza,
No.136, Residency Road,
Bangalore. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the Judgment and decree dated 15.07.2010,
in M.C.O.P.No. 678 of 2006, on the file of the Motor Accidents Claims
Tribunal, (Chief Judicial Magistrate), Krishnagiri.
For Appellant : Mr.M.Sriram
For R1 : No appearance
For R2 :Mr.K.Poomalai
JUDGMENT
The claimant/appellant is the appellant herein seeking
enhancement of compensation.
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2. For the sake of convenience, the parties are referred as per
ranking before the trial Court.
3. On the point of quantum, both the parties are heard.
4. The brief case of the appellant/claimant is as follows:-
On 25.02.2004, at about 08.15a.m., the claimant/appellant
was proceeding and stopped his vehicle namely TVS 50 bearing
Registration No.TN 29 S 5559 at the left side of the road at Soolagiri to
Uhdanapalli Junction road, the driver of the Hyundai Car bearing
Registration No.KA 03 P 8274 belonging to the 1st respondent and
insured with the 2nd respondent, drove the same in a rash and reckless
and negligent manner, in an uncontrollable speed without sounding
horn, disobeying the rules of road came from Hosur to Krishnagiri
dashed against the TVS 50 which was stopped there and caused the
accident. Due to the impact, the claimant/appellant had sustained
injuries.
5. Before the Tribunal, Ex.P7 Disability Certificate was issued
and P.W.2 Doctor D.V.Gandhi was examined and based upon the oral and
documentary evidence, the Court has found that P.W.2 is not a Doctor
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who had given the treatment to the appellant and he has seen the
appellant only after 5 years from the accident. He has not stated about
the disability.
6. After hearing both sides and taking note of the fact in
Exhibit P7 Disability Certificate and the evidence of P.W.2 Doctor-
D.V.Gandhi, the "disability" has been fixed at 35% (Rs.2000/- for one
unit of disability namely Rs.70,000/-) and accordingly, awarded a sum of
Rs.70,000/- for 'disability' and the loss of other heads are also appears
to be just and fair.
7. However, after going through Exhibit-P2 Discharge
summary and taking into consideration of treatment taken in hospital
periodically and in the interest of justice, Rs.5,000/- is hereby awarded
for 'attender charges'.
8. Furthermore, the Tribunal has awarded a sum of
Rs.20,000/- towards pain and sufferings' and it has been reduced to
Rs.15,000/-. Taking into consideration, the nature of injuries and his
treatment taken in hospital, this Court is enhanced for a sum of
Rs.5,000/-under the head of 'Transport charges'- and Rs.5,000/- under
the head of 'Extra Nourishment'. The appellant/claimant is entitled to a
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sum of Rs.10,000/- towards 'loss of amenities'. Furthermore, the
Tribunal has awarded a sum of Rs.13,500/- towards 'loss of income',
Rs.13,550/- towards 'Medical Bills' and the same are hereby confirmed.
9. Accordingly, the award of the Tribunal in M.C.O.P.No. 678 of
2006 is modified as follows:-
Sl. Particulars Amount granted Amount granted
No. by the Tribunal by this Court
Compensation for his Rs. 70,000/- Rs. 70,000/-
1. 35% of disablement
(35*Rs.2000)
Compensation for Rs. 13,500/- Rs. 13,500/-
2. Loss of income
Compensation for his Rs. 20,000/- Rs. 15,000/-
3. pain and sufferings
4. Medical Bills Rs. 13,550/- Rs. 13,550/-
5. Attender Charges ------ Rs. 5,000/-
6. Loss of amenities ------- Rs. 10,000/-
7. Transport Rs. 5,000/- Rs. 5,000/-
8. Extra Nourishment Rs. 5,000/-
Total Rs.1,22,050/- Rs.1,37,050/-
The compensation awarded by the Tribunal is enhanced from
Rs.1,22,050/- to Rs.1,37,050/- which shall carry interest at the rate of
7.5% per annum.
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10. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed to the
limited extent indicated above. No costs.
(ii) The quantum of compensation awarded by the Tribunal is
enhanced from Rs.1,22,050/- to Rs.1,37,050/-.
(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/Bajaj Alliance General Insurance
Company Limited is directed to deposit the enhanced compensation
amount awarded by this court, i.e., Rs.1,37,050/- (reduced the amount
already deposited) together with the interest at the rate of 7.5% per
annum from the date of claim petition till the date of deposit to the
credit of M.C.O.P.No. 678 of 2003, dated 15.07.2010 on the file of the
Motor Accidents Claims Tribunal, (Chief Judicial Magistrate), Krishnagiri,
within a period of eight weeks from the date of receipt of a copy of this
order.
(v) On such deposit being made by the second respondent, the
appellant/claimant is permitted to withdraw the same, in the manner
known to law.
04.01.2024
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Index : Yes/No
Speaking/Non-speaking order
To
1.The Motor Accidents Claims Tribunal,
The Chief Judicial Magistrate,
Krishnagiri.
2.The Section Officer,
V.R.Section,
High Court,
Madras.
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RMT.TEEKAA RAMAN, J.
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04.01.2024
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