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Madras High CourtCMA/840/2010partly allowed

P. Selvakumar v. G. Kannan No 474 6th Cross

2020-08-31Honourable Mr Justice C. Saravanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.08.2020

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN C.M.A.No.840 of 2010 (Through Video Conferencing) P.Selvakumar ... Appellant / Claimant Vs.

1.G.Kannan 2.United India Insurance Co. Ltd., No.38, Anna Salai, Chennai 600 002.

... Respondents / Respondents Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the Judgment and Decree in M.C.O.P.No.2219 of 2005 dated 10.09.2009 on the file of the III Judge, Small Causes Court (Motor Accidents Claims Tribunal), Chennai.

For appellant : Mr.A.Shanmugaraj For 2nd respondent: Mr.M.Krishnamoorthy

J U D G M E N T

With the consent of the learned counsel for the appellant and the 2nd respondent, this Civil Miscellaneous Appeal is taken up for final hearing.

2. The claimant is the appellant in this Civil Miscellaneous Appeal and is aggrieved by the amount of compensation awarded by the Motor Accidents Claims Tribunal, Chennai vide impugned Judgment and Decree dated 10.09.2009 in M.C.O.P.No.2219 of 2005.

3. By the impugned Judgment and Decree, the Tribunal has awarded a sum of Rs.2,42,000/- as compensation together with interest at 9.5% p.a. from the date of the claim petition till the date of deposit, to appellant as against the claim amount of Rs.6,00,000/-. In this appeal, the appellant/claimant seeks for enhancement of compensation for the injuries suffered by him due to the accident.

4. The accident is said to have taken place on 26.08.2004 at about 7.10 a.m while the appellant/claimant was riding the motor cycle bearing registration No.TN-09-AF-1788 along II Avenue from west to east. At the time, an Auto bearing registration No.TN-05-A-8734 belonging to the 1st respondent insured with the 2nd respondent Insurance Company is said to have been driven in a rash and negligent manner by its driver and knocked down the appellant/claimant, as a result of which, the appellant/claimant sustained grievous injuries. The appellant suffered the following injuries due to the accident:- i. Blunt injury abdomen ii.Spleenectomy and Peritoneal Lavage iii.Perinephric Haematoma iv.Multiple injuries all over the body.

5. I have considered the arguments advanced by the learned counsel for the appellant and the 2nd respondent Insurance Company. I have also perused the evidence on record.

6. The appellant/claimant sustained the above grievous injuries due to the accident that took place on 26.08.2004. The physician assessed 70% disability for the injury suffered by the appellant. The Tribunal has also accepted the same. However, while awarding the compensation, the Tribunal has awarded lesser amount towards permanent disability at the rate of Rs.1,000/- per percentage, i.e. 70 x 1000 = 70,000/-.

7. The amounts awarded towards other conventional heads, except Medical Expenses, also appear to be low. They are also to be enhanced. The Tribunal has not awarded any amounts towards Attender Charges and Loss of Amenities. Therefore, under the heads of Attender Charges and Loss of Amenities, this Court awards sum of Rs.10,000/- and Rs.15,000/- respectively to the

appellant/claimant.

8. Considering the nature of injuries suffered by the appellant/claimant, a sum of Rs.2,42,000/- as compensation awarded by the Tribunal is enhanced to Rs.3,70,000/- as follows:- Heads Amount awarded by the Tribunal Re-quantified amount of this Court Status Confirmed or Enhanced or Granted or Delected Loss of earning during the treatment Rs. 5,000/- Rs. 26,000/- Enhanced Transport Expenses Rs. 5,000/- Rs. 10,000/- Enhanced Extra Nourishment Rs. 3,000/- Rs. 10,000/- Enhanced Medical Expenses Rs.1,54,000/- Rs.1,54,000/- Confirmed Pain and Sufferings Rs. 5,000/- Rs. 30,000/- Enhanced Permanent Disability *Rs. 70,000/- #.Rs.1,05,000/- Enhanced Attender Charges - Rs. 10,000/- Granted Loss of Amenities - Rs. 25,000/- Granted Total Rs.2,42,000/- Rs.3,70,000/- Enhanced by another sum of Rs.1,28,000/- * 70 x 1000 = Rs.70,000/- # 70 x 1500 = Rs.1,05,000/-

9. The 2nd respondent is therefore directed to deposit the re-quantified amount of compensation of Rs.3,70,000/- together with interest at 9.5% p.a. from the date of claim petition till the date of deposit and costs, less any amount already deposited, within a period of six weeks from the date of receipt of a copy of this Judgment.

10. On such deposit, the appellant/claimant is permitted to withdraw the same together with interest and costs, less any

amount already withdrawn, by filing suitable application before the Tribunal.

11. Accordingly, this Civil Miscellaneous Appeal is partly allowed. No cost.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar jen To:- The Motor Accidents Claims Tribunal III Court, Small Causes Court, Chennai.

C.M.A.No.840 of 2010 BS(CO) SB(21/09/2021)