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Madras High CourtCMA/28/2014allowed

Tmt.Alamelu v. Mustafa Ahmed Menon

2021-03-29Honourable Mr Justice D. Krishnakumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CMA.NO.28 OF 2014 Alamelu ...Appellant/Claimant Vs.

1. Mustafa Ahmed Menon

2. Reliance General Insurance Co. Ltd., No.628, Anna Salai, Teynampet, Chennai -18.

...Respondents/Respondents

This Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the decree and judgment dated 11.09.2013 passed in M.C.O.P.No.1977 of 2011 by the VI Judge, Motor Accident Claims Tribunal, Court of Small Causes, Chennai.

For Appellant : Mr.K.Varadha Kamaraj For II respondent : Mr.V.Bharathidasan for R2 for Mr.S.Arunkumar Notice unserved for R1

JUDGMENT

Not satisfied with quantum of compensation awarded by the Tribunal, the claimant is before this court seeking enhancement of compensation.

2. The claimant has filed a claim petition before Tribunal seeking compensation of Rs.3,50,000/- for the injuries sustained by him in a road accident that took place on 19.04.2011.

3. The brief case of the claimants is as follows: On 19.04.2011 at about 17.00 hours, the petitioner was crossing the Usman Road slowly from Mothilal Street towards Ranganathan Street, at that time, a Tata 407 vehicle bearing registration No.TN-20-AS-9676 came rashly and negligently and hit the claimant, thereby, she sustained grievous injuries. According to the claimant, the rash and negligent driving of the driver of the Tata vehicle was the cause of accident and since the first respondent/ owner of the vehicle insured his Tata Van with the second respondent/ insurance company, both of them are liable to pay compensation.

4. The respondents were set exparte before Tribunal.

5. Before Tribunal, on the side of the claimant, two witnesses were examined as PW1 and PW2 and Ex.P1 to Ex.P12 were marked. On the side of the respondents, no oral and documentary evidence was adduced.

6. After analysing the evidence on record, the Tribunal has awarded a sum of Rs.75,000/- to the claimant under various heads as extracted hereunder.

Sl No Amount in Rs.

Transportation charges Attender's charges Extra nourishment and Damages to clothes

Sl No Amount in Rs.

Medical expenses 25,000 Pain and sufferings 15,000 Disability 15x1000 15,000 Loss of amenities Total 75,000 Aggrieved over the compensation awarded by the Tribunal, the claimant has filed the present appeal to enhance the compensation.

7. Heard the learned counsel for the appellant and the learned counsel for the second respondent/insurance company. I have perused the materials on record.

8. The learned counsel appearing for the appellant submitted that though the Doctor, assessed the disability suffered by the claimant as 20%, the Tribunal has reduced the disability to 15%, which is erroneous. Further, the Tribunal has not awarded any amount towards "Loss of earning capacity" and the compensation awarded under the heads are also very meagre and hence, he prayed for enhancement of compensation.

9. The learned counsel appearing for the respondent/ insurance company would submit that he Tribunal after considering the oral and documentary evidence on record, the Tribunal has awarded a just and reasonable compensation and therefore, the award passed by the Tribunal does not warrant any interference by this court.

10. Now the point for consideration is whether the compensation awarded by the Tribunal has to be enhanced.

11. Point The Doctor K.J.Mathiazhagan was examined as PW2 and he had given disability certificate Ex.P12, wherein, he assessed the disability suffered by the claimant as 20%. He also deposed about the injuries sustained by the claimant. However, the Tribunal has reduced the same to 15%, without any

basis. Therefore, as per the evidence of PW2 as well as the disability certificate Ex.P12, this court fixed the disability at 20% and awarded a sum of Rs.1,000/- per percentage. Accordingly a sum of Rs.20,000/- is awarded towards " permanent disability". Further, no amount was awarded towards " Loss of earning capacity" and hence a sum of Rs.5,000/- is awarded for the above said head. Apart from the above, the compensation awarded under the other heads also needed some enhancement. Accordingly, the revised compensation awarded under various heads is extracted hereunder.

Sl.No Compensation Awarded by the Tribunal Compensation enhanced/ Awarded by this court Transportation charges Attender's charges 5,000 Extra nourishment and Damages to clothes 10,000 Medical expenses 25,000 25,000 Pain and sufferings 15,000 25,000 Disability 15,000 20,000 Loss of amenities 10,000 Loss of earning capacity - Total 75,000 1,05,000 This amount shall carry interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit.

12. In the result, (i) The Civil Miscellaneous Appeal is partly allowed and the award passed by the Tribunal is enhanced from 75,000/- to Rs.1,05,000/-. No costs.

(ii) The insurance company is directed to deposit the revised compensation of Rs.1,05,000/- with interest at the rate of 7.5.% p.a. from the date of claim petition till

the date of deposit, less the amount if already deposited, within a period of six weeks from the date of receipt of a copy of this order.

(iii) On such deposit being made by the insurance company, the claimant is entitled to withdraw the same, after following due process of law.

Sd/- Assistant Registrar(CS-V) // True Copy // Sub Assistant Registrar mst To The VI Judge, Motor Accident Claims Tribunal, Court of Small Causes, Chennai.

+2ccs to M/s.V.Mohan Choudary, Counsel for the Appellant, S.R.No.20502 +1cc to M/s.S.Arunkumar, Counsel for the Respondent, S.R.No.20345 CMA. No.28 of 2014 KJ(CO) RLP(28/09/2021)