P.R. Ravi v. M. Saraswathi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.10.2022
CORAM:
THE HONOURABLE Ms. JUSTICE P.T.ASHA P.R.Ravi ... Appellant vs.
1.M.Saraswathi (Remained ex-parte before the Trial Court) 2.ICICI Lombard General Insurance Co. Ltd., 140, Nungambakkam High Road, Chennai-34.
... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act against the Judgment and Decree dated 10.04.2014 in M.A.C.T.O.P.No.32 of 2010 on the file of the III Small Causes Court (Motor Accident Claims Tribunal), Chennai.
For Appellant : Mr.N.M.Muthurajan For Respondents : Mrs.R.Sree Vidhya [R2] R1 - Exparte
JUDGMENT
The claimant before the Motor Accident Claims Tribunal, III Court of Small Causes, Chennai in M.C.O.P.No.32 of 2010 is the appellant herein 1/6
seeking enhancement of the award passed by the Tribunal below.
2. Though the arguments were made for enhancing the quantum of compensation in most of the heads, ultimately, after hearing the arguments of both parties, this Court has taken into account the injuries sustained by the appellant/petitioner, namely Grade - I compound fracture of both bones at right leg with tibial plateau, for which the petitioner/appellant has undergone as open reduction and internal fixation with plate and cancellous screw fixation and suffered a disability. The Tribunal has calculated the compensation by adopting a sum of Rs.2000/- per percentage and adopted the disability assessed by PW2-Doctor at 40%. The appellant has undergone treatment as an in-patient for 12 days at Government General Hospital. Therefore, the amount under the head of permanent disability is enhanced by adopting Rs.3000/- per percentage. Therefore, the amount under this head is enhanced to a sum of Rs.1,20,000/-. In all other aspects, the award of the Tribunal remains unaltered. Therefore, the Compensation awarded by the Tribunal is reworked as below: 2/6
S.No.
Description Amount awarded by Tribunal Amount awarded by this Court Award confirmed or enhanced or granted or reduced Loss of Income Rs. 35,000/- Rs. 35,000/- Confirmed Transport to Hospital Rs. 10,000/- Rs.
10,000/- Confirmed Extra Nourishment Rs. 10,000/- Rs.
10,000/- Confirmed Damage to clothing Rs. 1,000/- Rs. 1,000/- Confirmed Medical Expenses Rs. 25,000/- Rs. 25,000/- Confirmed Attender Charges Rs. 10,000/- Rs.
10,000/- Confirmed Loss of amenities of life Rs. 25,000/- Rs. 25,000/- Confirmed Pain and sufferings Rs. 40,000/- Rs. 40,000/- Confirmed Permanent disability Rs. 80,000/- Rs. 1,20,000/- Enhanced TOTAL Rs. 2,36,000/- Rs. 2,76,000/-
3. In the result, this Civil Miscellaneous Appeal is allowed and the compensation of 2,36,000/- awarded by the Tribunal is hereby Enhanced to a sum of Rs.2,76,000/-. Therefore, the 2nd respondent / Insurance Company is directed to deposit the enhanced amount of Rs.2,76,000/- to the credit of M.A.C.T.O.P.No.32 of 2010 on the file of the Motor Accident Claims 3/6
Tribunal, III Court of Small Causes, Chennai, together with interest @ 7.5% per annum from the date of claim petition till the date of deposit and costs, less, the amount, if any already deposited, within a period of four weeks from the date of receipt of a copy of this Judgement. On such deposit being made, the claimant is permitted to withdraw the amount now determined by this Court, as apportioned by the Tribunal, along with interest and costs, after adjusting the amount, if any already withdrawn, by filing necessary application before the Tribunal. The claimant is directed to pay the Court fee for the enhanced compensation amount, if required. The Tribunal below shall not disburse the enhanced amount till such time as the certified copy showing proof of payment of Court fee has been produced by the claimant. No costs.
19.10.2022 Index : Yes/No Speaking / Non-speaking order ssn 4/6
To:
1. The Motor Accident Claims Tribunal, III Court of Small Causes, Chennai.
2. The Section Officer, V.R.Section, High Court of Madras, Chennai.
5/6
P.T.ASHA, J., ssn 19.10.2022 6/6