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Madras High CourtCMA/2535/2012partly allowed

P.Arumugam v. T.Gunasekaran

2020-07-28Honourable Mr Justice C. Saravanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.07.2020

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN C.M.A.No.2535 of 2012 (Through Video Conferencing) P.Arumugam ... Appellant/Petitioner Vs.

1.T.Gunasekaran 2.R.Jothilakshmi 3.The Oriental Insurance Company, Old No.29/B, New No.238, Arcot Road, Jambubala Complex, First Floor, Vellore, Tamil Nadu - 632 004.

... Respondents/Respondents (Respondents 1 and 2 were set exparte before the Lower Court) Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the Judgment and Decree dated 28.01.2012 made in M.C.O.P.No.608 of 2010 on the file of MACT/Principal Sub Court at Coimbatore.

For appellant : Mr.M.Lokesh for Mr.Ma.P.Thangavel For 3rd respondent : M/s.Harini for Mr.N.Vijayaraghavan For R1 & 2 : Exparte

J U D G M E N T

This Civil Miscellaneous Appeal has been filed by the claimant, against the impugned Judgment and Decree dated 28.01.2012 passed by the Court of Principal Subordinate Judge and Motor Accidents Claims Tribunal Judge of Coimbatore, in M.C.O.P.No.608 of 2010.

2. By the impugned Judgment and Decree, the Tribunal has awarded a sum of Rs.1,38,536/- as compensation together interest at 7.5% from 01.06.2010 till the date of realisation and cost, to the appellant/claimant for injury suffered by him.

3. Aggrieved by the same, the appellant/claimant has filed this appeal for an enhancement of compensation on account of the injury suffered by him in the accident that occurred on 23.06.2010.

4. The accident is said to have taken place when the appellant/claimant was riding his motorcycle bearing registration No.TNC-10, on the Ponnandampalayam to Sedapalayam Road, near corner of the said road, when a lorry bearing registration No.TN-23-AD-2799, belonging to the 2nd respondent insured with the 3rd respondent allegedly driven by the 1st respondent driver in a rash and negligent manner hit the said motorcycle even though the appellant/claimant had stopped his motorcycle to avoid accident after seeing the lorry coming from the opposite direction rashly and negligently. The 1st respondent sustained severe injuries as a result of the accident and was admitted in the hospital . A criminal case was registered against the 1st respondent driver of the insured lorry.

5. Therefore, the appellant/claimant filed a claim petition. After considering the evidence on record and considering the nature of injury suffered by the appellant/claimant, the Tribunal has awarded the amount of compensation of Rs.1,38,536/-. In this appeal, the appellant seeks for enhancement of compensation.

6. I have considered the arguments advanced by the learned counsel for the appellant and the learned counsel for the 3rd respondent Insurance Company. I have also perused the evidence on record and the impugned Judgment and Decree passed by the Tribunal.

7. I find that the Tribunal has not awarded just compensation to the appellant/claimant considering the nature of injury suffered by him. Therefore, to award a just compensation, the compensation awarded by the Tribunal is requantified as follows:- Heads Compensation awarded by the Tribunal Compensation re-quantified by this Court Status (Enhanced or reduced or confirmed or granted) Disability *Rs.58,000/- #Rs.87,000/- Enhanced Loss of earning **Rs.

4,000/- ##Rs.30,000/- Enhanced Pain and Sufferings Rs.10,000/- Rs.15,000/- Enhanced Transport Rs. 3,000/- Rs. 5,000/- Enhanced Nourishment Rs. 5,000/- Rs. 5,000/- Confirmed Attender charges Rs. 4,000/- Rs. 5,000/- Enhanced

Heads Compensation awarded by the Tribunal Compensation re-quantified by this Court Status (Enhanced or reduced or confirmed or granted) Medical Bills Rs.51,460/- Rs.51,460/- Confirmed Spare Parts of vehicle as per bills Rs. 3,076/- Rs. 3,076/- Confirmed Total Rs.1,38,536/- Rs.2,01,536/- Enhanced by another sum of Rs.63,000/- * 29% x 2000 (per percentage) = 58,000/- ** 1 month x 4,000 (per month) = Rs.4000 # 29% x 3000 (per percentage) = 87,000/- ## 10 months x Rs.3,000 (per month) = 30,000/-

8. Therefore, the 3rd respondent is directed to deposit the enhanced amount of compensation of Rs.63,000/- (2,01,536 - 1,38,536) together with interest at 7.5% from 01.06.2010 till the date of such deposit, before the Tribunal, within a period of six weeks from the date of receipt of a copy of this Judgment. If the 3rd respondent Insurance Company has not deposited the compensation awarded by the Tribunal, it is also directed to deposit the same together with interest and cost as directed by the Tribunal, less the amount already deposited if any, within the aforesaid period.

9. On such deposits, the appellant/claimant is permitted to withdraw the same together with interest, less the amount already withdrawn if any, by filing suitable application before the Tribunal.

10. Accordingly, this Civil Miscellaneous Appeal is partly allowed with the above observations. No cost. Sd/- Assistant Registrar(CS-V) //True copy// Sub Assistant Registrar jen

To:- The Motor Accidents Claims Tribunal, Principal Sub Court, Coimbatore.

Copy To The Section Officer, VR Section, High Court, Madras.

C.M.A.No.2535 of 2012 PA(CO) GMY(21/04/2021)