Madras High Court
Natarajan vs Udhayakumar on 30 January, 2025
C.M.A.(MD) No.629 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.01.2025
CORAM:
THE HONOURABLE MRS.JUSTICE R.KALAIMATHI
C.M.A.(MD)No.629 of 2024
Natarajan ... Appellant/Petitioner
vs.
1.Udhayakumar
2.United India Insurance Company Limited
Through its Branch Manager
No.560 X, Kandan Complex, 2nd Floor,
Opposite to New Bus Stand,
Valliyoor. ... Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, 1983, against judgment and decree dated
19.05.2023 passed in M.C.O.P.No.255 of 2017 on the file of the
Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court,
Tirunelveli.
For appellant : Mr.T.Selvakumaran
For Respondents
For R1 : Notice - dispensed with
For R2 : Mr.G.Prabhu Rajadurai
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Page No. 1 of 7
C.M.A.(MD) No.629 of 2024
*****
JUDGMENT
Not being satisfied with the award dated 19.05.2023 made in
M.C.O.P.No.255 of 2017 by the Motor Accidents Claims
Tribunal/Chief Judicial Magistrate Court, Tirunelveli, the claimant
has preferred this appeal for enhancement of compensation.
2. Heard the learned counsel for the appellant and the
learned counsel for the second respondent/Insurance Company
and perused the relevant records.
3. Upon consideration, the Tribunal has granted Rs.4,000/-
per percentage (disability was assessed at 22% by the Medical
Board, Tirnelveli). For loss of income during treatment period, an
amount of Rs.60,000/- is granted (Rs.10,000/- p.m. x 6 months).
For pain and sufferings, an amount of Rs.50,000/- and for medical
expenses, an amount of Rs.2,18,868/- was granted. For
transportation charges, extra nourishment and for attendant
charges, Rs.10,000/- was granted under each head. For loss of
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amenities, Rs.1,00,000/- was granted. In all, an amount of
Rs.5,46,868/- was granted.
4. It has come on record through the evidence of P.W.
1/claimant that on account of the accident, he suffered facial injury,
fracture dislocation of carpometacorpal junction of 2nd, 3rd, 4th and
5th fingers, fracture PPx third and fourth toe of right foot. As regard
facial injuries, he sustained multiple facial bones fracture. As per
the discharge summary/Ex.P2, he was admitted at private hospital
at Thiravium Orthopaedic Hospital, Nagercoil on 09.03.2017 and
discharged on 23.03.2017. The disability was assessed by the
Medical Board, Tirunelveli at 22%.
5. Upon consideration of the said details of the injuries, his
functional disability is taken as 22%. This Court deems it fit to grant
Rs.6,000/- per percentage of disability. For partial permanent
disability, an amount of Rs.1,32,000/- (Rs.6,000/- x 22=
Rs.1,32,000/-) is granted.
6. In so far as the avocation of the claimant is concerned, it
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has been stated that the claimant, who is an Ex-service man, was
working as a security and was earning a sum of Rs.12,000/- p.m.
The date of accident is 09.03.2017. In consideration of the
aforesaid details, his notional income is fixed at Rs.14,000/- p.m.
For loss of income during treatment period, an amount of
Rs.84,000/- (Rs.14,000/- x 6 months) is granted. As regards other
heads, the amount awarded by the Tribunal appears to be
reasonable and acceptable and hence, it needs no interference.
The compensation awarded by the Tribunal is re-worked and
tabulated as given hereunder:
S. Description Amount Amount Award
No awarded by awarded by confirmed
Tribunal this Court or
enhanced
or granted
or reduced
1 For disability Rs. 88,000/- Rs. 1,32,000/- Enhanced
2 For pain and sufferings Rs. 50,000/- Rs. 50,000/- Confirmed
3 For medical expenses Rs.2,18,868/- Rs.2,18,868/- Confirmed
4 For loss of income Rs. 60,000/- Rs. 84,000/- Enhanced
5 For transportation charges Rs. 10,000/- Rs. 10,000/- Confirmed
6 For extra nourishment Rs. 10,000/- Rs. 10,000/- Confirmed
7 For loss of estate Rs.1,00,000/- Rs.1,00,000/- Confirmed
8 For attendant charges Rs. 10,000/- Rs. 10,000/- Confirmed
Total Rs.5,46,868/- Rs.6,14,868/- Enhanced by
Rs.68,000/-
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8. In the result,
(i) The Civil Miscellaneous Appeal stands partly allowed. No
costs.
(ii) The compensation awarded by the Tribunal is enhanced
from Rs.5,46,868/- to Rs.6,14,868/-.
(iii) The second respondent/Insurance Company is directed to
deposit the enhanced compensation amount of Rs.6,14,868/- (less
the amount already deposited if any) with interest at 7.5% p.a. from
the date of filing of the claim petition till the date of realisation to the
credit of M.C.O.P.No.255 of 2017 on the file of Motor Accidents
Claims Tribunal, Chief Judicial Magistrate Court, Tirunelveli, within
a period of eight (8) weeks from the date of receipt of a copy of this
Judgment.
(iv) On such deposit being made, the claimant/appellant is
permitted to withdraw the compensation amount with interest, after
adjusting the amount, if any already withdrawn by filing necessary
application before the Tribunal.
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(v) The claimant is directed to pay the Court fee for the
enhanced compensation amount, if required.
(vi) The Tribunal below shall disburse the amount upon
production of the certified copy showing proof of payment of Court
fee by the claimant.
30.01.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
apd
To
1.The Chief Judicial Magistrate,
The Motor Accidents Claims Tribunal,
Chief Judicial Magistrate Court,
Tirunelveli.
2.The Section Officer,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
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R.KALAIMATHI,J
apd
Pre-delivery order made in
30.01.2025
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