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Madras High CourtCMA/1542/2016allowed

S.Rathna v. S.Balaje

2016-08-10Honourable Mr Justice T.Mathivanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 10.08.2016

CORAM

THE HON'BLE MR. JUSTICE T.MATHIVANAN C.M.A.No.1542 of 2016 S.Rathna ...Appellant/ Petitioner Vs.

1.S.Balaje 2.ICICI Lombard General Insurance Co. Ltd., 1st Floor, Arihant Plaza No.84/85, Waltax Road Parry's Corner Chennai - 600 003 ... Respondents/ Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 20.11.2014 and made in M.A.C.T.O.P.No.1783 of 2011 on the file of the Motor Accidents Claims Tribunal (II Court of Small Causes) Chennai.

For Appellant : Mr.C.Munuswamy For 2nd Respondent : Mr.R.Sreevidhya R1 : set exparte

JUDGMENT

Having been not satisfied with the award passed by the Tribunal to the extent of Rs.4,85,000/- dated 20.11.2014, the claimant has preferred this appeal under Section 173 of the Motor Vehicles Act.

2. It is revealed from the records that the appellant had met with an accident on 07.02.2011 at 3.45pm opposite to Aathankudi Hotel involving a Honda Activa motorcycle bearing Registration No.TN-22-BM-3704. The second respondent Insurance Company had contested the claim.

3. The Tribunal had proceeded to award totally a sum of Rs.4,85,000/- based on the evidences, both oral and documentary under the following heads:

Loss of Income for 2 months :

Rs. 10,000.00 Transportation :

Rs. 7,000.00 Extra nourishment :

Rs. 7,000.00 Damage to Clothes :

Rs. 1,000.00 Medical Expenses :

Rs. 2,50,000.00 Attender Charges :

Rs. 15,000.00 Mental Agony to the petitioner :

Rs. 30,000.00 Loss of amenities of life :

Rs. 25,000.00 Pain and Suffering :

Rs. 40,000.00 Disability of 50% at the rate of Rs.2,000/- per disability :

Rs. 1,00,000.00 ------------------- Total Rs. 4,85,000.00 --------------------

4. When the appeal is taken up for hearing, Mr.C.Munuswamy, learned counsel for the appellant has submitted that the award passed by the Tribunal under the head of permanent disability to the extent of 50% as well as other heads viz., loss of income, transportation, attendant charges are very low and therefore, he has submitted that the compensation granted by the Tribunal under the above said heads might be enhanced.

5. Ms.R.Sreevidhya, learned counsel for the second respondent Insurance Company has objected for the enhancement.

6. It is pertinent to note here that Pws 2 and 3 (doctors) after examining the appellant clinically had assessed the total percentage at 80%. However, the Tribunal had reduced the percentage of disability to 50% and awarded a sum of Rs.2000/- per percentage. But, considering the nature of the injuries and the original percentage fixed by Pws 2 and 3, this Court finds that a sum of Rs.3,000/- per percentage of disability could be awarded.

Accordingly, a sum of Rs.1,50,000/- (Rs.3,000/- per percentage of disability) is awarded under the head of permanent disability . Apart from this, the Tribunal had awarded compensation for the loss of income only for two months. As argued by Mr.Munuswamy, learned counsel for the appellant, considering the nature of injuries, this Court is of view that the compensation under the head of loss of income could be awarded at least for 4 months. Accordingly, a sum of Rs.20,000/- is awarded under this head by fixing the monthly income at Rs.5,000/-. A sum of Rs.7,000/- awarded by the Tribunal under the heads of extra nourishment and transportation is also increased to Rs.10,000/- each.

7. Insofar as the attendant charge is concerned, since the claimant had been admitted in the hospital for almost 21 days, this Court finds that a sum of Rs.15,000/- awarded by the

Tribunal is very low and hence it is hereby increased to Rs.25,000/-. The amount awarded by the Tribunal under the other heads remains unaltered. Accordingly, the award of Rs.4,85,000/- granted by the Tribunal is enhanced to Rs.5,61,000/- as detailed hereunder:- Loss of Income for 4 months - Rs. 20,000/- (Rs.5000/- p.a * 4) Transportation - Rs. 10,000/- Extra Nourishment - Rs. 10,000/- Damage to Clothes - Rs.

1,000/- Medical Expenses - Rs. 2,50,000/- Attender Charges - Rs. 25,000/- Mental Agony to the petitionerRs. 30,000/- Loss of Amenities of life - Rs. 25,000/- Pain and Suffering - Rs. 40,000/- Disability of 50% at the rate of Rs.3000/- per disability - Rs. 1,50,000/- Total ---------------- Rs.5,61,000/- ---------------- In the result, this Civil Miscellaneous Appeal is allowed and a sum of Rs.4,85,000/- granted by the Tribunal is hereby increased to Rs.5,61,000/-. The second respondent Insurance Company is directed to deposit this amount with interest at the rate of 7.5% per annum, less the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this order.

On such deposit being made, the appellant is permitted to withdraw the entire amount along with accrued interest without filing any formal application. No costs. Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar gpa To II Judge, Motor Accidents Claims Tribunal (Small Causes Court) Chennai 1 cc to Ms. Sreevidhya, Advocate, Sr. 46156 1 cc to Mr.C. Munusamy, Advocate, Sr. 45730 C.M.A.No.