N.Mani v. C.Madhavan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.02.2019
CORAM:
THE HONOURABLE MR. JUSTICE RMT.TEEKA RAMAN C.M.A.No.3346 of 2011 N.Mani ...Appellant/Petitioner Vs.
1.C.Madhavan 2.National Insurance Company Limited, Divisional Office I, LRN Complex, Saradha College Road, Salem - 7.
... Respondents/Respondents PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and decree dated 10.01.2011, in M.C.O.P.No. 181 of 2006 on the file of the Motor Accidents Claims Tribunal, II Additional Subordinate Judge, Salem.
For Appellant : Mr.K.Kuppusamy For Respondents : Mrs.N.B.Surekha for R2 R1 - Exparte
JUDGMENT
The appellant is the claimant in M.C.O.P.No.181 of 2006 on the file of the Motor Accidents Claims Tribunal, II Additional Subordinate Judge, Salem. He has filed the above claim petition under Sections 163(A) and 166 of the Motor Vehicles Act, 1988 seeking compensation of Rs.5,00,000/- for the injuries sustained by him in a road accident that took place on 02.04.2010.
2. The brief case of the appellant/claimant is as follows:
(i) The appellant is a Government Servant earning a sum of Rs.5,000/- per month.
(ii) On 02.04.2010, at about 15.00 hours, the injured was travelling as a pillion rider in a TVS Suzuki along Rasipuram - Mallur road near Shankar Agencies Petrol bunk. At that time, a lorry bearing Registration No. TN 27 L 8875, belonging to the first respondent herein, hit him,
as a result of which, he sustained grievous injuries all over his body. The injured was immediately taken to SKS Hospital, Salem.
3. According to the appellant/claimant, the rash and negligent driving of the driver of the lorry bearing Registration No. TN 27 L 8875 was the cause of the accident, and that, since, the said lorry was insured with the second respondent herein, both the first and second respondents herein, are jointly and severally liable to pay compensation of Rs.5,00,000/- to him.
4. The learned Tribunal, after analysing the evidence on record, awarded a compensation of Rs.83,000/- together with interest at the rate of 7.5% per annum to the appellant/claimant. Not satisfied with the quantum of compensation awarded by the Tribunal, the claimant has filed the present appeal under Section 173 of the Motor Vehicles Act, 1988.
5. After hearing both the parties, I find that the rash and negligent driving of the driver of the lorry bearing Registration No. TN 27 L 8875 is not in dispute and the said lorry was insured with the second respondent herein.
6. Coming to the question of quantum of compensation, as per Medical Bills (Ex.P23), the appellant/claimant had incurred medical expenses to the tune of Rs.79,343.95/-. However, the Tribunal has granted only a sum of Rs.43,000/- towards medical expenses. Therefore, a sum of Rs.80,000/- is awarded towards medical expenses.
7. The appellant/claimant was examined as PW1. It is pertinent to point out that no doctor was examined in support of the injuries sustained by the appellant/claimant. However, taking note of the CT scan report (Exs.P19 and P20), Wound Certificate (Ex.P21) and Discharge Summary (Ex.P22), a sum of Rs.13,000/- is awarded towards the disability. Apart from the above said amount, a sum of Rs.10,000/- is awarded towards loss of amenities.
8. Accordingly, the award of the Tribunal in M.C.O.P.No. 181 of 2006 is modified as follows: Sl.
No.
Particulars Amount granted by the Tribunal Amount granted by this Court Transport to Hospital Rs.5,000/- Rs.5,000/-
Sl.
No.
Particulars Amount granted by the Tribunal Amount granted by this Court
2. Extra nourishment Rs.10,000/- Rs.10,000/-
3. Medical expenses Rs.43,000/- Rs.80,000/- 4.
Compensation for Pain and sufferings Rs.25,000/- Rs.25,000/-
5. Disability NIL Rs.13,000/-
6. Loss of amenities NIL Rs.10,000/- Total Rs.83,000 /- Rs.1,43,000/ - The compensation awarded by the Tribunal is enhanced from Rs.83,000/- to Rs.1,43,000/- which shall carry interest at the rate of 7.5% per interest.
9. In the result, (i) The Civil Miscellaneous Appeal is allowed in part. No costs.
(ii) The quantum of compensation awarded by the Tribunal is enhanced from Rs.83,000/- to Rs.1,43,000/-. (iii) The second respondent herein - National Insurance Company Limited is directed to deposit the entire compensation of Rs.1,43,000/- (if not 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.No. 181 of 2006, dated 10.01.2011, on the file of the Motor Accidents Claims Tribunal, II Additional Subordinate Judge, Salem within a period of eight weeks from the date of receipt of a copy of this order. (iv) On such deposit being made, the appellant/claimant is permitted to withdraw the entire amount after following the due process of law. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar mbi To The Motor Accidents Claims Tribunal, The II Additional Subordinate Court, Salem.
+1cc to Mr.K.Kuppusamy, Advocate, S.R.No.12529 +1cc to Mrs.N.B.Surekha, Advocate, S.R.No.11952 C.M.A.No.3346 of 2011 KJ(CO) CB(21/08/2020)