Saravanan v. Trimurti Cargo Movers Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH CMA No.1394 of 2024 Saravanan ..Appellant .vs.

1.Trimurti Cargo Movers Private Ltd., 4074, 4th Floor, Bima Complex, Plot No.119, Steel Yard, Kalamboli, N.Mumbai, Raigarh District, Maharashtra State - 410 218.

2.Reliance General Insurance Co., Ltd., 101, 1st Floor, Sumer Plaza, Marol - Mroshi Roa, Opp: Hotel tirupali Templation, Andheri East, Mumbai - 400 059.

3.OSL Logistrics Private Ltd., 122A, C.R.Avenue, Kolkatta - 700 073 4.The Oriental Insurance Co., Ltd., DO 6 Kolkatta, 2-F Everst House, 46-C, Chowringhee Road, Kolkatta, West Bengal.

..Respondents Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree in MCOP No.50 of 2014 dated 23.08.2022 on the file of the Motor Accident Claims Tribunal / Subordinate Judge Court, Tiruchengode.

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For Appellants : Mr.T.S.Arthanarreswaran For Respondents : Mr.P.Suresh Srinivasan for R2 Mr.S.Senthilkumar for R4

JUDGMENT

The claimant not being satisfied with the quantum of compensation awarded by the Tribunal in MCOP No.50 of 2014, dated 23.08.2022 has filed this appeal seeking for enhancement of compensation.

2.The case of the claimant is that on 12.07.2013, he was driving a lorry at Chithradurga District, Karnataka State and at about 7.30 a.m., two offending vehicle which are also lorries were driven in a rash and negligent manner and it dashed on the vehicle that was driven by the claimant, as a result of which, the claimant suffered fracture (1.Grade 3B Open Comminuted P/3rd Tibia fracture in Right leg, 2.Grade 3B Open Comminuted Both Bone P/3rd fracture in Right leg, 3.Comminuted PPX# Right 4th Toe and Multi Laceration in Right 4th Toe. The claimant underwent treatment as an inpatient from 12.07.2013 to 30.07.2013 for nearly eighteen days and he also underwent a surgery. The Medical Board assessed the disability of the claimant at 30%. It is under these circumstances, the claim petition came to be filed before the Tribunal seeking for payment of compensation. 2/7

3.The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the two offending vehicles. Having come to such a conclusion, the Tribunal fixed the total compensation at Rs.3,87,000/- under various heads as follows: S.No Compensation awarded under the head Amount (in Rs.) 1.

Loss of Income 84,000 2.

Permanent Disability 90,000 3.

Pain and sufferings 50,000 4.

Medical Expenses 1,22,499 5.

Extra Nourishment 15,000 6.

Attender Charges 15,000 7.

Transportation Charges 10,000 Total 3,86,499 Rounder Off 3,87,000 4.The above compensation was directed to be paid with interest at the rate of 7.5% per annum.

5.The claimant not being satisfied with the quantum of compensation awarded by the Tribunal has filed the present appeal before this Court seeking for 3/7

enhancement of compensation.

6.Heard Mr.T.S.Arthanareeswaran, learned counsel appearing on behalf of the appellant, Mr.P.Suresh Srinivasan, learned counsel appearing on behalf of the 2nd respondent and Mr.S.Senthilkumar, learned counsel appearing on behalf of the 4th respondent.

7.This Court has carefully considered the submissions made on either side and also the materials available on record.

8.In the considered view of this Court, this Court finds that the compensation fixed by the Tribunal is very reasonable and it does not require the interference of this Court. It was also brought to the notice of this Court that the entire compensation amount has been deposited with interest. Hence, Award passed by the Tribunal is confirmed and accordingly, this civil miscellaneous appeal stands dismissed. No Costs.

21.06.2024 Index : Yes/No Speaking Order/Non-Speaking Order ssr 4/7

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To The Motor Accident Claims Tribunal / Subordinate Judge Court, Tiruchengode. 6/7

N. ANAND VENKATESH., J ssr CMA No.1394 of 2024 21.06.2024 7/7