Suresh v. Elumalai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-06-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. SURESH S/o.Sakkarai, Pillaiyar Koil Street, Vasantha Krishnapuram Village and Post, Kandachipuram Taluk, Villupuram District Appellant(s) Vs

1. ELUMALAI S/o.Kullan, No.2/137, South Street, Nedumudaiyan Village, Vengur Post, Tirukoilur Taluk, Villupuram District 2.The Divisional Manager The New India Assurance Co. Ltd. CSI Building, 2nd Floor, No.1, Officers Line, Near Voorhees college, Vellore-1 3.The Branch Manager The New India Assurance Co. Ltd.

No.42, Big Street, Tiruvannamalai

Respondent(s) PRAYER To enhance the award against the Judgement and Decree dt. 29.03.2023 and made in MACT OP No.770/2019 on the file of Motor Accident Claims Tribunal, Tiruvannamalai (In the court of the Special Sub Court, Tiruvannamalai) For Appellant(s):

Mr.F.Terry Chella Raja For Mrs.M.Malar For Respondent(s):

JUDGEMENT This Civil Miscellaneous appeal has been filed to enhance the award against the Judgement and Decree dated 29.03.2023 and made in MACT OP No.770/2019 on the file of Motor Accident Claims Tribunal, Tiruvannamalai (In the court of the Special Sub Court, Tiruvannamalai).

2. According to the appellant, On 06.02.2018 at about 07.00 p.m, the petitioner was going in his two wheeler bearing regisration number TN 32 AE 6510 from his village towards Anthili village on the left extreme of the road in soil path on Arakandanallur to Anthili road and while he was going near policer

quarters, the driver of the Tractor bearing registration number TN 32 AK 0888 along with tipper drove the vehicle in opposite direction with rash and negligent manner hence the tractor tipper back door automatically opened and dashed on the petitioner. Due to which the appellant sustained injury in all over his body. Therefore, the filed petition claiming Rs.5,00,000/- as compensation. After considering the oral and documentary evidence the tribunal awarded a compensation of Rs.2,01,704/- to the appellant herein. Not satisfied with the quantum of compensation, the injured/claimant has come by way of this appeal.

3. The learned counsel for the petitioner submits that the accident was happened in the year 2018 and the petitioner is aged about 26 years at the time of the accident and earned Rs.30,000/- per month. However, without taking note of the above fact the tribunal has fixed Rs.9,000/- as monthly income.

4. Considering the facts and circumstances of the case, the accident was happened in the year 2018 and permanent disability caused to the petitioner is 10%. Hence, this Court fix a sum of Rs.7,000/- per percentage for injuries which comes around Rs.70,000/-. Except above enhancement, this Court is not inclined to enhance the compensation as awarded by the tribunal in other heads.

5. In view of the discussions made earlier, the award passed by the Tribunal is modified as follows:- SI.

No.

Head Compensation awarded by the Tribunal Compensation awarded by this Court 1.

Disability Rs.50,000/- Rs,70,000/- 2.

Pain and Sufferings Rs.30,000/- Rs.30,000/- 3.

Extra Nourishment Rs.5,000/- Rs.5,000/- 4.

Attender Charges Rs.5,000/- Rs.5,000/- 5.

Medical Expenses Rs.44,704/- Rs.44,704/- 6.

Transportation Expenses Rs.5,000/- Rs.5,000/- 7.

Loss of income during treatment period Rs.27,000/- Rs.27,000/- 8.

Loss of Amenities Rs.35,000/- Rs.35,000/- Total Rs.2,01,704/- Rs.2,21,704/-

6. Therefore, the total compensation payable to the petitioner is enhanced to Rs.2,21,704/-. The respondents/Insurance Company is directed to deposit the said amount to the credit of MCOP No. 770 of 20219 on the file of the Motor Accident Claims Tribunal, Tiruvannamalai (In the court of the Special Sub Court, Tiruvannamalai) within a period of eight weeks from the date of receipt of a copy of this judgment. On Such deposit, the claimant is permitted to

withdraw the award amount by making formal application before the Tribunal.

7. With the above directions, the Civil Miscellaneous Appeal is partly allowed. No costs. Pending petition(s), if any, is/are closed. 03-06-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Motor Accident Claims Tribunal, Tiruvannamalai (In the court of the Special Sub Court, Tiruvannamalai).

2.The Divisional Manager The New India Assurance Co. Ltd. CSI Building, 2nd Floor, No.1, Officers Line, Near Voorhees college, Vellore-1

T.V.THAMILSELVI J.

pbl

03-06-2025