Madras High Court
Satheeshkumar vs Ramesh on 25 October, 2024
Author: R.Hemalatha
Bench: R.Hemalatha
CMA.No.624 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.10.2024
CORAM:
THE HONOURABLE MRS.JUSTICE. R.HEMALATHA
C.M.A.No.624 of 2023
Satheeshkumar ... Appellant
Vs.
1.Ramesh
2.The Manager,
National Insurance Company Limited,
Divisional Office,
No.33, Purumanot Street,
Trichy - 620 001. ... Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 13.05.2019 in
M.C.O.P.143 of 2012 on the file of the Motor Accident Claims Tribunal,
Chief Judicial Magistrate Court, Namakkal.
For Appellant : Mr.M.Sankar
for Mr.C.Thangaraju
For R2 : Mr.K.Padmanabhan
R1 : No appearance
1/9
https://www.mhc.tn.gov.in/judis
CMA.No.624 of 2023
JUDGMENT
The appellant is the claimant in M.C.O.P.143 of 2012 on the
file of the Motor Accident Claims Tribunal, Namakkal. He filed the above
said claim petition under Section 166 of the Motor Vehicles Act, seeking
compensation of Rs.5,00,000/- for the injuries sustained by him in a road
accident that took place on 05.03.2012.
2. The brief case of the appellant / claimant is as follows :
On 05.03.2012, the claimant was riding his two wheeler bearing
Registration No.TN-48-K-8089 on Thuraiyur - Namakkal road. When he
was nearing Sellipalayam bus stand, a speeding two wheeler bearing
Registration Number TN-46-K-8985 hit the two wheeler driven by the
claimant, as a result of which, he fell down and sustained injuries all over
his body and was admitted in a private hospital.
2.1. According to the claimant, the rash and negligent riding of
the rider of the two wheeler bearing Registration Number TN-46-K-8985
was the cause of accident and that since the said vehicle was insured with
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the second respondent, the National Insurance Company Limited, the
owner and the insurer are jointly and severally liable to pay compensation
to him.
3. In the Tribunal, the owner of the two wheeler (first
respondent) and its insurer remained absent and were set exparte.
4. The Tribunal, vide its orders dated 13.05.2019, fastened
negligence on the part of the rider of the two wheeler bearing Registration
Number TN-46-K-8985 and further held that the owner of the two
wheeler and the insurer are jointly and severally liable to pay
compensation of Rs.1,78,500/- to the appellant (claimant) together with
interest at the rate of 7.5% per annum from the date of petition till the date
of realisation.
5. Aggrieved over the quantum of compensation awarded by the
Tribunal, the appellant (claimant) has filed the present appeal under
Section 173 of the Motor Vehicles Act, 1988.
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6. Heard Mr.M.Sankar, learned counsel appearing for the
appellant and Mr.K.Padmanabhan, learned counsel for the second
respondent.
7. A perusal of the records shows that the claimant had
sustained fracture on his left cheek. Dr.S.Palanivel (P.W.2) assessed the
partial permanent disability of the claimant as 32%. Since there is no
functional disability, the Tribunal fixed a sum of Rs.3,000/- per
percentage of disability and awarded a sum of Rs.96,000/- towards partial
permanent disability. The accident took place in the year 2012. Therefore,
the compensation awarded by the Tribunal under the head partial
permanent disability cannot be found fault with.
8. In the claim petition, it is contended that the claimant was
aged about 30 years and was a daily wager earning a sum of Rs.10,000/-
per month. In the absence of satisfactory income proof, the Tribunal fixed
the notional monthly income of the claimant as Rs.4,000/-. The accident
took place in the year 2012. Considering the age of the claimant and the
year of the accident, this Court is of the opinion that fixing notional
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monthly income of the claimant as Rs.6,000/- would meet the ends of
justice. On account of the accident, the appellant would not have been in a
position to attend to his regular work atleast for three months. Thus, a sum
of Rs.18,000/- (6,000 x 3= 18,000) is awarded towards loss of income.
The following tabular column would show the amount awarded by the
Tribunal and the enhanced amount awarded by this Court under various
heads.
S.No Heads Amount awarded Amount
by Tribunal awarded by this
(Rs) Court
(Rs)
1. Partial permanent 96,000/- 96,000/-
disability
2. Loss of income 8,000/- 18,000/-
(6,000 x 3)
3. Transportation 5,000/- 5,000/-
charges
4. Extra nourishment 10,000/- 10,000/-
5. Medical bills 24,500/- 24,500/-
6. Pain and sufferings 35,000/- 35,000/-
TOTAL Rs.1,78,500/- Rs.1,88,500/-
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9. Thus, the compensation awarded by the Tribunal is enhanced to
Rs.1,88,500/- that would carry interest at the rate of 7.5% per annum.
10. In the result,
i. The Civil Miscellaneous Appeal is partly allowed. No costs.
ii. The compensation awarded by the Tribunal is enhanced to
Rs.1,88,500/-.
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 receipt of Court fee.
iv. The second respondent, the National Insurance Company Limited,
Trichy, is directed to deposit the enhanced compensation amount,
i.e., Rs.1,88,500/- (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 M.C.O.P.143 of 2012
on the file of the Motor Accident Claims Tribunal, Chief Judicial
Magistrate Court, Namakkal, within a period of four weeks from
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the date of receipt of a copy of this order / uploading of this order.
v. On such deposit being made, the appellant / claimant is at liberty to
withdraw the same, after following due process of law.
vi. The appellant / claimant is not entitled to claim interest for the
period of delay of 199 days in filing this appeal.
25.10.2024
Index:Yes/No
Speaking/non Speaking order
Neutral Case citation: yes/no
mtl
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To
1. The Motor Accident Claims Tribunal,
Chief Judicial Magistrate Court, Namakkal.
2.The Manager,
National Insurance Company Limited,
Divisional Office,
No.33, Purumanot Street,
Trichy - 620 001.
3. The Section Officer, V.R. Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis
R.HEMALATHA, J
mtl
25.10.2024
https://www.mhc.tn.gov.in/judis
