Arulkumar v. Mallika

IN THE HIGH COURT OF JUDICATURE AT MADRAS

CORAM :

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN C.M.A.No.1329 of 2021 Judgment reserved on 14.02.2024 Judgment pronounced on 19.03.2024 Arulkumar ...

Appellant Vs.

1.Mallika 2.The New India Assurance Company Limited Division office - 3, No.11-19, 20, 2nd Floor, Pupils Park Building, Government Arts College Road, Coimbatore - 641018.

...

Respondents PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 02.09.2020 made in MCOP No.903 of 2017 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Dharmapuri. For Appellant : Mr.D.Ramesh Kumar For R-1 : No appearance For R2 : Mr.M.Krishnamoorthy

J U D G M E N T

The claim petitioner is the appellant herein seeking enhancement of compensation awarded in MCOP No.903 of 2017 dated 02.09.2020 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Dharmapuri.

2. The factum of accident, manner of accident, rash and negligent driving on the part of the driver of the vehicle belonging to the 1st respondent, vehicle being insured with the 2nd respondent/insurance company and validity of the policy are not in dispute.

3. On the point of quantum of compensation, heard the learned counsel for the appellant as well as the 2nd respondent / insurance company and perused the records.

4. The date of the accident was 03.08.2017. As per Ex.P7 Aadhar card, the injured was aged about 30 years and he was working as a Mason. As per the directions of the Tribunal, the petitioner had appeared before the Medical Board and filed the disability certificate issued before the Court. As per Ex.P9, he was assessed at 15% permanent disability and hence at the ratio of Rs.4000/- is fixed as permanent disability (Rs.4000x15%=Rs.60,000/-)

5. Considering the nature of injuries and the disability suffered by

the appellant, the compensation awarded by the Tribunal towards Extra Nourishment, pain & sufferings is enhanced to Rs.10,000/-, Rs.25,000/- respectively. The compensation awarded by the Tribunal towards medical expenses as per Ex.P6 and Transportation to the Hospital are hereby confirmed and the Tribunal has not awarded any amount towards loss of amenities. Hence, a sum of Rs.10,000/- is awarded towards loss of amenities. The claim petitioner did not have work for loss of earning capacity for two months 6000x1% = Rs.6000/- towards loss of income.

6. The break-up details awarded by this Court is as follows - Sl.

No Heads under which the amount is awarded Amount awarded by the Tribunal - Rs.

Amount awarded by this Court - Rs.

1. Loss of income ---- Rs. 6,000/-

2. Disability Rs.45,000/- Rs.60,000/-

3. Medical Bills Rs.72,000/- Rs.72,000/-

4. Transport to Hospital Rs.20,000/- Rs.20,000/-

5. Extra Nourishment Rs.8000/- Rs.10,000/-

6. Pain and sufferings Rs.15,000/- Rs.25,000/-

7. Loss of amenities ------- Rs.10,000/- Total Rs.1,60,000/- Rs.2,03,000/-

7. In total, the appellant is entitled to a sum of Rs.2,03,000/- (Rupees Two Lakhs and Three Thousand only) as compensation.

8. In fine,

(i) this Civil Miscellaneous Appeal stands partly allowed, enhancing the award amount from Rs.1,60,000/- to Rs.2,03,000/-, to the extent indicated above, along with interest @ 7.5% per annum. (ii) the second respondent/New India Assurance Company is directed to deposit the enhanced award amount before the Tribunal, within a period of eight weeks from the date of receipt of a copy of this order, less the amount, if any already deposited.

(iii) on such deposit being made, the claim petitioner/appellant is permitted to withdraw the entire enhanced award amount, less the award amount if any, already withdrawn, by filing necessary application before the Tribunal.

(iv) the appellant is directed to pay the court fee on the enhanced compensation amount and the Registry is directed to draft the decree only after the receipt of Court fee.

(v) There shall be no order as to costs.

.....03.2024 nvi Index : Yes/No Speaking/Non-speaking order

To 1.The Chief Judicial Magistrate, Motor Accident Claims Tribunal, Dharmapuri.

2.The Section Officer,V.R. Section,High Court, Madras. RMT.TEEKAA RAMAN, J.

nvi Judgment in C.M.A.No.1329 of 2021 19.03.2024