S.Rajasekaran v. S. Raja Mohamed

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.03.2019 CORAM :

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH THE HONOURABLE MR.JUSTICE C.SARAVANAN C.M.A.Nos.3450 to 3452 of 2017 C.M.P.Nos.13909 and 13910 of 2017 S.Rajasekaran .. Appellant in CMA.No.3450 of 2017 R.Jayabharathi .. Appellant in C.M.A.No.3451 of 2017 R.Sangeetha .. Appellant in C.M.A.No.3452 of 2017 vs 1.S.Raja Mohammed 2.National Insurance Company Limited, No.169, Second Floor, Anna Salai, Chennai 600 002. .. Respondents in all C.M.As. These Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act to set aside the fair and decretal order dated 02.03.2016 made in M.C.O.P.Nos.1088 to 1090 of 2012 on the file of the Accident Claims Tribunal (V Court of Small Causes) Chennai.

For Appellants : Mr.V.G.Suresh kumar (In all C.M.As.) For R1 : Ex-parte For R2 : Mr.D.Bhaskaran C O M M O N J U D G M E N T (Judgment of the Court was delivered by C.SARAVANAN,J.) By this common order of all the three appeals being disposed.

2. The above Civil Miscellaneous Appeals arise out of common fair and separate decretal order passed in M.C.O.P.Nos.1088 to 1090 of 2016.

3. The Motor Accident Claims Tribunal by the aforesaid order disposed 4 different O.Ps filed by the respective appellants.

4. The appellants in the respective appeals which are the claimants in three of the O.Ps.have sought for enhancement of the compensation as detailed below:

Name of the Appellants M.C.O.P.No. C.M.A.No.

Amount Claimed before the Tribunal S.Rajasekaran 1088 of 2012 3450 of 2017 Rs.30,00,000/- R.Jayabharathi 1089 of 2012 3451 of 2017 Rs.16,00,000/- R.Sangeetha 1090 of 2012 3452 of 2017 Rs.30,00,000/-

5. The appellants along with the deceased Shanthi were travelling in a Maruti Alto car bearing Registration No.TN 58 R 5059 from Madurai to Chennai when they met with an accident on 03.07.2011 at 4.45 p.m. At that time, a lorry bearing Registration No.TN 57 AC 3358, belonged to the first respondent, driven by its driver in a rash and negligent manner and hit the said car. Due to the impact, the deceased Shanthi sustained fatal injuries and died on the spot while the other appellants sustained grievous injuries. Hence, The Tribunal has awarded a sum of Rs.4,25,000, Rs.5,05,500 and 3,61,600 respectively to the appellants.

6. Aggrieved by the same, the appellants have preferred the present appeals.

7. The appellants have questioned the quantum of compensation awarded in the present appeals. Therefore we are not delineating the facts in details.

8. It is the case of the appellants that though P.W.4/Doctor was examined before the Tribuna, he has deposed that the appellants viz., P.W.1 to P.W.3 had sustained the following injuries, the Tribunal has awarded a very meagre amount. The nature of injuries are as follows:- Name the Appellant Injuries

Rajasekaran Undisplaced fracture arch of atlas left side fracture ribs 1 to 4 (R) fracture sternum, comminuted substrochanteric fracture left side and fracture lateral tibial condyle left side.

Jayabharathi Lefort 1 bilateral, lefort II on left side with soft tissue injury of face Sangeetha frontal bone compound fracture with bifrontal contusion, right humerus compound fracture, left frontal wound exploration with head injury to the right upper limb as well as fracture shaft left humerus head injury

9. As far as the appellant viz., Rajasekaran in C.M.A.No.3450 of 2016 is concerned, the appellant had claimed a sum of Rs.30,00,000/- while the Tribunal has awarded a sum of Rs.4,25,000/- . The amount awarded needs to be slightly tweaked in view of the injuries explained above to award just compensation. Consequently, the amount of compensation awarded under various heads are modified as follows:- Heads Amount Awarded by the Tribunal Amount Awarded by this Court Disability Rs.1,20,000 Rs.1,50,000 Transport Extra nourishment Rs. 25,000 Rs. 50,000 Attender Charges Rs. 3,000 Rs. 30,000 Medical Expenses Rs.92,964.50 Rs. 92,000 Future medical expenses Rs.75,000 Rs. 2,50,000 Loss of earning during treatment -- Rs. 30,000 Rs. 100,000 Loss of amenities Rs.1,50,000 Rs.4,25,054.50 Rs.8,52,000 Rs.4,25,000/-

10. As far as the appellant viz., Jayabharathi in

C.M.A.No.3451 of 2017 is concerned , the appellant had claimed a sum of Rs.16,00,000/- the Tribunal has awarded a sum of Rs.5,05,500/- together with interest at the rate of 7.5% p.a. Therefore, the amount of compensation awarded under various heads are modified as follows:- Heads Awarded by the Tribunal Awarded by this Court Disability Rs.90,000 Rs.1,50,000 Transport Extra nourishment Rs.20,000 Rs. 40,000 Attender Charges Rs. 3,000 Rs. 20,000 Medical Expenses Rs.2,92,306 Rs.2,92,306 Future medical expenses -- Rs. 50,000 Loss of earning during treatment -- Rs. 25,000 Rs. 50,000 Loss amenities Rs.1,00,000 Rs.5,05,306.53/- Rs.5,05,500.00/- Rs.7,27,306

11. As far as the appellant viz., Sangeetha in C.M.A.No.3452 of 2017 is concerned, the appellant had claimed a sum of Rs.30,00,000/-, the Tribunal has awarded a sum of Rs.3,61,500/- together with interest at the rate of 7.5% p.a. Therefore, the amount of compensation awarded under various heads are modified as follows:- Heads Awarded by the Tribunal Awarded by this Court Disability Rs.1,20,000 Rs.1,50,000 Transport Extra nourishment Rs. 20,000 Rs. 40,000 Attender Charges Rs. 4,000 Rs. 20,000 Medical Expenses Rs.1,07,346.23 Rs. 92,000 Future medical expenses Rs.75,000 Rs.1,07,000 Loss of earning during treatment -- Rs. 25,000

Rs. 50,000 Loss amenities Rs.1,00,000 Rs.3,61,346.23 Rs.5,32,000 Rs.43,61,400/-

12. Considering the nature of injuries sustained by the appellants, the award amount is enhanced as above. Accordingly, the impugned order is modified and ordered accordingly with the following directions:

C.M.A.No.3450 of 2017 i) The second respondent/Insurance Company is directed to deposit a sum of Rs.8,52,000/- with interest at the rate of 7.5% per annum from the date of petition till the date of realisation, less the amount already deposited if any, within a period of four weeks from the date of receipt of a copy of this order.

ii) On such deposit, the appellant-claimant is permitted to withdraw the above said amount after adjusting the amount if any already withdrawn. C.M.A.No.3451 of 2017 i) The second respondent/Insurance Company is directed to deposit a sum of Rs.7,27,306/- with interest at the rate of 7.5% per annum from the date of petition till the date of realisation, less the amount already deposited if any, within a period of four weeks from the date of receipt of a copy of this order.

ii) On such deposit, the appellant-claimant is permitted to withdraw the above said amount after adjusting the amount if any already withdrawn. C.M.A.No.3452 of 2017 i) The second respondent/Insurance Company is directed to deposit a sum of Rs.5,32,000/- with interest at the rate of 7.5% per annum from the date of petition till the date of realisation, less the amount already deposited if any, within a period of four weeks from the date of receipt

of a copy of this order.

ii) On such deposit, the appellant-claimant is permitted to withdraw the above said amount after adjusting the amount if any already withdrawn.

13. All the three Civil Miscellaneous Appeals are partly allowed with the above directions. No cost. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar kkd To The Motor Accident Claims Tribunal , (V Court of Small Causes) Chennai.

+3 cc's to M/s.V.G.Suresh Kumar, Advocate Sr.No.30827 to 30829 +1 cc to M/s.D.Bhaskaran, Advocate, Sr.No. 30709 C.M.A.Nos.3450 to 3452 of C.M.P.Nos.13909 and 13910 of 2017 CSL/02.05.2019