Srinivasan @ Krishnaiah v. K.N.Vasanth
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.04.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Srinivasan @ Krishnaiah ..Appellant/Petitioner .Vs.
1.K.N.Vasanth 2.United India Insurance Co.Ltd., Motor III Party Claims Office No.15, Anna Salai Chennai 600 002.
..Respondents/Respondents Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the award passed in M.C.O.P.No.1499 of 2003 dated 29.8.2019, passed by the Motor Accidents Claims Tribunal-V Judge, Court of Small Causes at Chennai.
For Appellant : Mr.J.Mahalingam For Respondents : Mr.P.Sankaranarayanan [R2] 1/6
JUDGMENT
This appeal has been filed by the claimant seeking for enhancement of compensation fixed by the Tribunal in MCOP.No.1499 of 2003, through award dated 29.8.2019.
2.The case of the appellant is that he was riding a bicycle in the East Coast Road, Neelankarai and the Car that was driven by the 1st respondent came in the wrong side and dashed the bicycle. Due to this rash and negligent driving, the appellant fell down from the cycle and he sustained grievous injuries. It is under these circumstances, the claim petition was filed before the Tribunal. 3.The Tribunal had fixed the total compensation at Rs.1,89,400/- in the following manner:
Sl.No. Compensation awarded under the Head Amount (in Rs) 1.
Towards Pain and Sufferings Rs. 30,000/- 2.
Extra nourishment and Transport Rs. 20,000/- 3.
Disability (35% x 3000) Rs.1,05,000/- 4.
Towards Attender charges (12 days x Rs.200) Rs. 2,400/- 5.
Towards Loss of Amenities Rs. 10,000/- 6.
Loss of income for 4 months (4 x 4000) Rs. 16,000/- 7.
Medical expenses Rs. 5,000/- 8.
Damages to clothes Rs. 1,000/- Total Rs.1,89,400/- 2/6
4.The appellant not satisfied with the above compensation fixed by the Tribunal has approached this Court seeking for enhancement of compensation. 5.Heard Mr.J.Mahalingam, learned counsel for the appellant and Mr.P.Sankaranarayanan, learned counsel for R2. 6.It is seen from the records that the appellant had sustained injuries in his left ankle as a result of which, he suffered 40% partial permanent disability. The same is evident from the disability certificate marked as Ex.P.9 and Ex.P.11. There was fracture in both bones at left leg bimalleolar fracture left ankle. The same has also been spoken to by the doctor examined as PW.2. 7.The Court below has assessed the compensation under various heads.
This Court is inclined to modify the compensation only under two heads since the compensation fixed under all the other heads are reasonable. 8.Insofar as the attender charges are concerned, it is seen that the appellant underwent treatment as an inpatient for nearly 11 days and hence, the attender charges can be increased from Rs.2400/- to Rs.10,000/-. That apart, the Tribunal has fixed the notional income at Rs.4000/-p.m and loss of income has been calculated as Rs.16000/-.
income at Rs.5000/-. Accordingly, the compensation is fixed at Rs.20,000/- [Rs.5000 x 4 months].
9.In the light of the above discussion, the total compensation awarded by the Tribunal is fixed in the following manner:
Sl.No. Compensation awarded under the Head Amount (in Rs) 1.
Towards Pain and Sufferings Rs. 30,000/- 2.
Extra nourishment and Transport Rs. 20,000/- 3.
Disability (35% x 3000) Rs.1,05,000/- 4.
Towards Attender charges (12 days x Rs.834) Rs. 10,000/- 5.
Towards Loss of Amenities Rs. 10,000/- 6.
Loss of income for 4 months (4 X Rs.5000) Rs. 20,000/- 7.
Medical expenses Rs. 5,000/- 8.
Damages to clothes Rs. 1,000/- Total Rs.2,01,000/- 10.The compensation awarded by the Tribunal at Rs.1,89,400/- is enhanced to Rs.2,01,000/-. There shall be a direction to the 2nd respondent to pay the above compensation with interest at the rate of 7.5.% per annum from the date of claim petition till the date of deposit within a period of four weeks from the date of receipt of this judgment. The other conditions imposed by the Tribunal with regard to the mode of payment of compensation remains unaltered. 4/6
11.This civil miscellaneous appeal is allowed in the above terms. No costs. 01.04.2024 Index : Yes/No Speaking Order/Non-Speaking Order KP To Motor Accidents Claims Tribunal-V Judge Court of Small Causes, Chennai.
Copy to:- The Section Officer VR Section, High Court, Chennai.
N. ANAND VENKATESH., J KP 5/6
01.04.2024 6/6