R.Kumar v. T.N.Rathinam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2018 CORAM :

THE HONOURABLE MR.JUSTICE C.S.SARAVANAN C.M.A.No.1797 OF 2009 R.Kumar ... Appellant vs 1.T.N.Rathinam 2.National Insurance Company Limited, Motor Third Party Claims Office, No.751, Anna Salai, Chennai - 600 002.

(R1 exparte before the Tribunal) ...

Respondents Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act 1988, against the judgment and decree dated 28.10.2008 passed in M.C.O.P.No.595 of 2005, on the file of the Motor Accident Claims Tribunal, II Judge, Court of Small Causes, Chennai.

For appellant : Mr.G.Balaji Prasad For 2nd respondent : Mr.S.Vadivel

JUDGMENT

This Civil Miscellaneous Appeal by the claimants for enhancement of compensation.

2. The case of the appellant is that he was aged 35 years at the time of the accident on 24.12.2004 and had suffered injuries while traveling in a bus as a passenger. The appellant herein has filed a restricted claim petition for a sum of Rs.10,00,000/- after assessing the compensation at Rs.13,00,000/-.

3. The Tribunal after considering the arguments and evidence on records awarded a sum of Rs.2,00,955/- on the following heads:

Sl.No.

Names of Head Awarded by the Tribunal

1. Permanent disability Rs. 97,500/-

Sl.No.

Names of Head Awarded by the Tribunal Pain and suffering and mental agony Rs. 20,000/- 2.

Transport to Hospital Rs.

5,000/- Extra nourishment Rs.

5,000/- Attender Charges Rs. 20,000/- Medical Expenses Rs. 18,455/- Loss of earnings Rs. 35,000/- Total Rs.2,00,955/-

4. Heard Mr.Mr.G.Balaji Prasad, learned counsel for the appellant and Mr.S.Vadivelu, learned counsel for the 2nd Respondent.

5. During the course of hearing, the appellant stated that the amount of Rs.97,500/- awarded towards permanent disability is meager.

6. The learned counsel for the 2nd respondent-Insurance Company submitted that the appellant suffered only a partial disability in the nature of compound fracture.

7. After perusing the evidence on record it is noted that the amount awarded towards permanent disability is meager and is therefore being enhanced to Rs.2,00,000/- from Rs.97,500/- and the amount awarded towards pain and suffering to the appellant is enhanced to Rs.50,000/-. Similarly, the transport charges is enhanced Rs.10,000/-. The amount awarded towards extra nourishment is enhanced to Rs.15,000/-. Further, this Court awards a sum of Rs.10,000/- towards future medical expenses.

8. The details of the enhanced compensation now granted are as under:- 1.

Permanent disability Rs. 2,00,000/- .

Pain and suffering and mental agony Rs.

50,000/-

3. Transport to Hospital Rs.

10,000/-

1.

Permanent disability Rs. 2,00,000/- .

Extra nourishment Rs.

15,000/- .

Attender Charges Rs.

20,000/- .

Medical Expenses Rs.

18,455/- .

Loss of earnings Rs.

35,000/- .

Future medical expenses Rs.

10,000/- Total Rs.

3,58,455/-

9. This civil Miscellaneous Appeal is therefore disposed of with a direction to the 2nd Respondent-Insurance Company Ltd to deposit the said sum of Rs.3,58,455/- together with interest at the rate of 7.5% p.a. after deducting the amount already deposited if any, within a period of eight weeks from the date of receipt of a copy of this order. On such deposit being made, the appellant-claimant is permitted to withdraw the entire amount. No cost.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar kkd/drl To 1.II Judge, Court of Small Causes, Chennai.

2.The Section Officer, VR Section, High Court, Madras.

+1cc to M/S.G.Balaji Prasad, Advocate Sr.47415 +1cc to M/S.S.Vadivel, Advocate Sr.46525 C.M.A.No.1797 of 2009 rj[co] srg 29/08/2018