Palaniappan v. Gopal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2024 CORAM :

The Hon'ble Mr. Justice Krishnan Ramasamy Palaniappan ... Appellant Vs.

1. Gopal

2. National Insurance Co., Ltd., 2nd Floor, 81-D Chetty Street, Opp: Bus Stand, Tiruchengode Town & Taluk, Namakkal District. ... Respondents Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, 1988 to allow the above Civil Miscellaneous Appeal and enhance the award in the Order dated 09.03.2022 made in M.C.O.P.No.35 of 2016, on the file of the Motor Accident Claims Tribunal/Subordinate Judge Court, Sankari.

For Appellant : Mr.T.S.Arthanareeswaran For R1 : NDW vide order dated 18.12.2023 For R2 : Ms.N.B.Sureka 1/6

JUDGEMENT This Civil Miscellaneous Appeal has been filed by the claimant, challenging the quantum of compensation awarded by Subordinate Judge, Sankari, in M.C.O.P.No.35 of 2016.

2. Though the appellant has filed this appeal for enhancement of compensation, however, during the course of arguments, the learned counsel for the appellant submitted that there was total calculation error occurred while passing the order by the Tribunal. Further, he submitted that no amount was awarded under the heads of "Loss of Amenities" and "Future Medical Expenses". Accordingly, he prays for appropriate enhancement in favour of the appellants.

The heads under which the amount awarded by the Tribunal as follows:

S.NO.

PARTICULARS TRIAL COURT 1.

15% of disability 15% x 5000 =Rs.75,000/- 2.

Pain and Suffering Rs.50,000/- 3.

Medical Bills Rs.54,260/- 2/6

S.NO.

PARTICULARS TRIAL COURT 4.

Loss of Income 3x5,000= Rs.15,000/- 5.

Extra Nourishments Rs.15,000/- 6.

Transport Expenses Rs.10,000/- 7.

Attender Charges Rs.15,000/- 8.

Cloth Damages Nil 9.

Loss of Amenities Nil 10.

Future Medical Expenses Nil Grand Total Rs.2,19,260/-

3. This Court considered the submissions made by the learned counsel for the appellant and also perused the materials available on record.

4. Though the learned counsel for the appellant made submission that no amount was awarded under the heads of "loss of amenities" and "future medical expenses". Considering the nature of injuries sustained by the claimant and the treatment undergone by the claimant, this Court is of the view that no amount needs to be awarded under the above heads. Therefore, this Court concludes that the Tribunal has provided just and fair compensation to the appellant, in which, only an arithmetic error has occurred. Accordingly, the total award amount of Tribunal of Rs.2,19,260/, determined by the Tribunal which stands corrected to Rs.2,34,260/-.With 3/6

regard to the other aspects, the order of the Tribunal stands confirmed. The award amount of Rs.2,34,260/- is rounded of to Rs.2,35,000/-, which shall be directed to be paid by the second respondent. The second respondentInsurance Company is directed to deposit the said amount along with interest and cost, less the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this judgment, to the credit of M.C.O.P.No.35 of 2016 on the file of Subordinate Judge, Sankari. Upon such deposit being made, the Tribunal is directed to transfer the entire amount to the bank account of the claimant, by way of RTGS, within a period of three weeks from the deposit or from the date of receipt of the Bank details obtained from the claimant or application for withdrawal from the claimant, whichever is later.

5. At this junture, the learned counsel for the second respondent would submit that there was delay with regard to filing of Civil Miscellanous Appeal. Since this Court is not inclined to revise the award amount passed by the Tribunal, there is no question of waiver of interest. Therefore, the second respondent has to pay the award amount along with interest as stated supra.

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6. Accordingly, the Civil Miscellanous Appeal is dismissed. No costs.

08.01.2024 Index :

Yes / No NCC :

Yes / No jd To

1. The Motor Accident Claims Tribunal, Subordinate Judge, Sankari.

2. The Section Officer, V.R. Section, High Court, Madras.

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Krishnan Ramasamy,J., jd 08.01.2024 6/6