C.Bakkiayaraj v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2021

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN C.M.A.No.2937 of 2019 C.Bakkiyaraj ... Appellant Vs.

The Managing Director, TNSTC, Dharmapuri Division, Dharmapuri.

... Respondent Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and Decree dated 22.11.2018 made in M.C.O.P.No.164 of 2018 (Sub Court M.C.O.P.No.233 of 2009) on the file of the Motor Accidents Claims Tribunal, Special Subordinate Judge, Tirupattur. For Appellant : M/s.A.Subadra For Respondent : Mr.L.Ramanathan for Mr.D.Venkatachalam

JUDGMENT

The claimant is the appellant in this appeal. The appellant is aggreived by the impugned Judgment and decree dated 22.11.2018 in M.C.O.P.No.164 of 2018 (Sub Court M.C.O.P.No.233 of 2009) passed by the Motor Accidents Claims Tribunal, Subordinate Judge, Tirupattur.

2.By the impugned judgment and decree, the Tribunal has awarded a sum of Rs.14,24,501/- has compensation as detailed below:- Permanent Disability Rs.2,10,000/- Loss of earning capacity Rs.9,72,000/-

Towards Pain and sufferings Rs.2,00,000/- Extra Nourishment Rs. 20,000/- Medical Expenses Rs. 2,501/- Towards Attender Charges Rs. 10,000/- Loss of Amenities Rs. 10,000/- Total Rs.14,24,501/- 3.In this appeal, the claimant is seeking for further enhancement of compensation on the ground that the appellant/claimant was hospitalized for a long period and only for a sum of Rs.10,000/- has been awarded towards Attender Charges. It is further submitted that the amount awarded towards Loss of Amenities was meagre and therefore prays for enhancement of compensation.

4.The appellant is also agrreived by the impugned judgment and decree holding no interest will be payable during the period when the appeal was dismissed as default i.e, 21.02.2011 till the date of restoration of its 07.06.2018. 5.Heard the learned counsel for the appellant and the respondent and also perused the records that the exhibits that were marked before the Tribunal.

6.The Tribunal has come to a fair conclusion while awarding the above compensation of Rs.14,24,501/-. However, I do not find any merits to justify restricting the interest by excluding the period when the appeal was dismissed and restoration. Therefore, the impugned judgment and decree in so far as the appellant is not entitled to interest from the date of dismissal of the case for default i.e, between 21.02.2011 and 07.06.2018 cannot be sustained. To that extent, the impugned order is set aside.

7.Under these circumstanes, the State Transport Corporation is directed to deposit the interest together with the award amount for the entire period from the date of claim petition till the date of such deposit, less any amount already deposited by it, within a period of eight weeks from the date of receipt of a copy of this Judgment.

8.On such deposit being made by the respondent/Insurance Company, the appellant/claimant is permitted to withdraw the same together with interest accrued thereon, less any amount already withdrawn in the same proportion as was ordered by the Tribunal. 9.This Civil Miscellaneous Appeal stands partly allowed with the above observations. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jas To:

The Special Subordinate Judge, The Motor Accidents Claims Tribunal, Tirupattur.

+1cc to M/s.A.Subadra, Advocate, S.R.No.23865 +1cc to M/s.D.Venkatachalam, Advocate, S.R.No.23699 C.M.A.No.2937 of 2019 VSN-II(CO) SB(12/10/2021)