Madras High Court
S.Sekar vs A.Thangadurai on 12 September, 2024
Author: R.Hemalatha
Bench: R.Hemalatha
C.M.A.No.2792 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R.HEMALATHA
C.M.A.No.2792 of 2023
S.Sekar ... Appellant
vs.
1. A.Thangadurai
2 The United India Insurance Co. Limited,
No.34, Greams road,
IV Floor, Anna salai,
Chennai – 600 006. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 07.02.2023 in
M.C.O.P.6863/2017 on the file of the Motor Accident Claims Tribunal, VI
Small Causes Court, Chennai.
For Appellant : Mr.G.Palanisamy
For R2 : Mr.J.Michael visuvasam
JUDGMENT
The appellant is the claimant in M.C.O.P.6863/2017 on the file
of the Motor Accident Claims Tribunal, Chennai. He filed the claim
petition under Section 166 Rule 3 of the Motor Vehicles Act, 1988
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seeking compensation of Rs.10,00,000/- for the injuries sustained by him
in a road accident that happened on 09.01.2017.
2. The brief case of the appellant / claimant is as follows :
On 09.01.2017, the claimant was riding a two-wheeler bearing
Registration number TN 29 BA 3803 on Pennagaram road and when he
was nearing Koothupadi junction, a Mahindra Bolero car bearing
Registration number TN 29 BD 3737, came in the opposite direction and
hit the two wheeler driven by the claimant, as a result of which, he
sustained injuries all over his body. He was immediately rushed to the
Government hospital, Pennagaram and subsequently was admitted in
K.S.Hospital, Dharmapuri as an inpatient for about 11 days.
3. According to the claimant, the rash and negligent driving of
the driver of the Mahindra Bolero car bearing Registration number TN 29
BD 3737 was the cause of the accident and that since the said vehicle was
insured with the second respondent, the United India Insurance Company
Limited, the owner and the insurer are jointly and severally liable to pay
compensation to him.
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4. In the Tribunal, the owner of the vehicle remained absent and
was set exparte. The second respondent resisted the claim petition on all
the grounds available to the insurer under Section 170 of the Motor
Vehicles Act.
5. The Tribunal vide its orders dated 07.02.2023, after analysing
the evidence on record, fastened negligence on the part of the driver of the
car and further held that the liability of the owner of the car and the
Insurer are joint and several and that they should pay compensation of
Rs.2,12,400/- together with interest at the rate of 7.5% per annum from the
date of petition till the date of realisation.
6. 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.
7. Heard Mr.G.Palanisamy, learned counsel appearing for the
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appellant and Mr.J.Mchael visuvasam, learned counsel for the second
respondent.
8. Mr.G.Palanisamy, learned counsel appearing for the appellant
contended that the claimant was admitted as an inpatient in K.S.Hospital,
Dharmapurit on 26.01.2017 and was discharged on 01.02.2017 and had
incurred an expenditure of Rs.1,35,900/- towards medical treatment as is
seen from the cash credit bill (Ex.P22) dated 01.02.2017. However, the
Tribunal has reduced it by Rs.57,400/- without assigning any reason. He
also contended that the compensation awarded by the Tribunal does not
commensurate with the injuries sustained by the claimant. He therefore
prayed for enhancement of compensation.
9. Per contra Mr.J.Mchael visuvasam, learned counsel appearing
for the second respondent contended that the Award passed by the
Tribunal is based on the well laid principles of law which were in vogue at
the time of passing of the order and therefore, the same need not be
disturbed at this stage.
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10. It is seen from Cash Credit bill (Ex.P22) that the claimant
had incurred an expenditure of Rs.78,500/- towards his medical treatment
and the entire amount is awarded towards medical expenses. The Medical
board attached to the Government Kilpauk Medical College Hospital,
Chennai assessed the partial permanent disability of the claimant as 20%.
Since there is no functional disability, the Tribunal has awarded a sum of
Rs.80,000/- towards partial permanent disability. Since the accident took
place in the year 2017, a sum of Rs.7,000/- is fixed per percentage of
partial permanent disability and totally a sum of Rs.1,40,000/- is awarded
for 20% of partial permanent disability. The following tabular column
would show the award passed by the Tribunal and the modified
compensation awarded by this Court:
S.No. Heads Amount awarded Award of this
by the Tribunal Court
1 Medical expenditure Rs.57,400/- Rs.1,35,900/-
2 Transportation charges Rs.10,000/- Rs.10,000/-
3 Extra nourishment Rs.10,000/- Rs.10,000/-
4 Attender charges Rs.10,000/- Rs.10,000/-
5 Partial Permanent Rs.80,000/- Rs.1,40,000/-
Disability (20X4,000) (20X7,000)
6 Loss of income for Rs.30,000/- Rs.30,000/-
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S.No. Heads Amount awarded Award of this
by the Tribunal Court
three months (10,000X3) (10,000X3)
7 Pain and Sufferings Rs.15,000/- Rs.15,000/-
8 Total Rs.2,12,400/- Rs.3,50,900/-
11. Thus, the compensation awarded by the Tribunal is
enhanced to Rs.3,50,900/- that would carry interest at the rate of 7.5% per
annum.
12. In the result,
i. The Civil Miscellaneous Appeal is partly allowed. No costs.
ii. The compensation awarded by the Tribunal is enhanced to
Rs.3,50,900/-.
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 United India Insurance Company
Limited is directed to deposit the enhanced award amount i.e.
Rs.3,50,900/- (less the amount already deposited) together with
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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 / uploading of this order to
the credit of M.C.O.P.6863/2017 on the file of the Motor Accidents
Claims Tribunal, VI Small Causes Court, Chennai in the first
instance and then recover the same from the owner of the vehicle.
v. On such deposit being made the appellant, claimant is permitted to
withdraw the same with accrued interest and costs, after following
due process of law.
12.09.2024
Index : Yes/No
Speaking/Non-speaking order
Neutral Citation : Yes / No
vum
To
1.The Motor Accidents Claims Tribunal,
VI Small Causes Court, Chennai.
2.The Section Officer, VR Section,
Madras High Court, Chennai.
R.HEMALATHA, J.
vum
https://www.mhc.tn.gov.in/judis
12.09.2024
https://www.mhc.tn.gov.in/judis
R. HEMALATHA,J.
This Civil Miscellaneous Appeal is posted today under the
caption "for being mentioned” at the instance of the learned counsel
appearing for the appellant.
2. The learned counsel appearing for the appellant contended
that in the result portion of the judgment dated 12.09.2024, order of 'pay
and recover' has been added though in the portion of the judgment such an
observation has not been made.
3. Registry is directed to replace paragraph number 12(iv) as
follows:
"12. In the result,
---
(iv) The second respondent, the United India Insurance
Company Limited is directed to deposit the enhanced award amount i.e.
Rs.3,50,900/- (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
https://www.mhc.tn.gov.in/judis
deposit within a period of four weeks from the date of receipt of a copy of
this order / uploading of this order to the credit of M.C.O.P.6863/2017 on
the file of the Motor Accidents Claims Tribunal, VI Small Causes Court,
Chennai."
4.The Registry is directed to carry out the above said correction
and issue fresh order copy.
23.09.2024
https://www.mhc.tn.gov.in/judis
R. HEMALATHA,J.
bga
23.09.2024
https://www.mhc.tn.gov.in/judis
