N.Palani, v. Sri Amarnatha Gupta

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-06-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. N.Palani, S/O.NATARAJA KUTTI GOUNDANOOR VILLAGE, PANIYANDA PALLI POST,VIA.PUDUPETTAI, TIRUPATTUR TK,NOW AT KANNAMANGALAM VILLAGE and POST,ARNI TK Appellant(s) Vs

1. Sri Amarnatha Gupta S/o.Dwarakadas Gupta,No.5,Oshangessy Road,Langford Gardens, Bangalore-25 2.The Reliance General Insurance, Company Ltd Rep.By Branch Manager, No.73, 1st Floor, Officers Line, Vellore Respondent(s)

PRAYER To against the judgment and decree in MCOP No.14/2011 dated 02-04-2016 on the file of the MACT/Sub-Court, Arni on the following among other grounds. For Appellant(s):

M/s. P. Satheesh Kumar For Respondent(s):

M/s. P.Suresh Srinivasan- For R2 R1 - Unclaimed JUDGEMENT This Civil Miscellaneous Appeal has been filed against the judgment and decree in MCOP No.14/2011 dated 02-04-2016 on the file of the MACT/SubCourt, Arni( in short ''tribunal'').

2. The brief facts of the case:

On 23-11-2010 at about 2:45 P.M, the claimant was standing on left extreme side of the road near Pallikonda bus stop in Ambur to Vellore MC road. At that time, a car bearing Reiteration No:KA- 03-MH-1580 came in a very rash and negligent manner with heavy speed from west to east direction and came on the left extreme side of the road and dashed against the claimant and also several persons who are standing in the bus stop. The said car also dashed against several Auto which was parked in the Auto stand. The claimant fell

down and sustained multiple injuries all over the body which has caused permanent disability to the claimant. Thereafter, the claimant filed the petition before the tribunal claiming compensation of Rs.4,00,000/-. The second respondent herein/Insurance Company contested the caste by filing counter statement. On Considering the oral and documentary evidence, the Tribunal awarded a sum of Rs.92,600/- as compensation to the claimant. Challenging the quantum of compensation, the claimant filed the present appeal.

3. The learned counsel for the appellant/claimant submits that the accident was happened in the year 2010 and the claimant suffered 30% disability but the tribunal failed to consider the above fact awarded very meagre amount of compensation. Hence, he prays to enhance the compensation.

4. The learned counsel for the second respondent/Insurance Company submits that the tribunal has rightly awarded compensation which needs no interference.

5. Considering the fact that on 23.11.2010, the accident was happened, due to which, the claimant sustained injuries and had taken inpatient treatment for 15 days. Thereafter, he had continued his treatment for three months. As per

the disability certificate, claimant sustained 30% disability and also considering the period of treatment, this Court is inclined to enhance the compensation for disability from Rs.81,600/- to 90,000/-. Further, this Court is inclined to award Rs.5,000/- under the head of extra nourishment and Rs.10,000/- for attender charges and Rs.50,000/- for loss of income. In respect of other heads, pay and recovery, the ordered by the tribunal is sustainable. S.

N O.

Heads Compensation awarded by the tribunal Compensation awarded by this Court 1.

For disability Rs.81,600/- Rs.90,000/- 2.

For pain and sufferings Rs.5,000/- Rs.20,000/- 3.

For Loss of income Nil Rs.50,000/- 4.

For Attender charges Nil Rs.10,000/- 5.

For Loss of amenities Rs.1,000/- Rs.1,000/- 6.

For Transport expenses Rs.5,000/- Rs.5,000/- 7.

For Extra Nourishment Nil Rs.5,000/- Total Rs.92,600/- Rs.1,81,000/-

8. As discussed above, the claimant/appellant herein is entitled to Rs.1,81,000/-. The second respondent herein/Insurance Company is directed to deposit the said amount to the credit of MCOP No.14/2011 on the file of the MACT/Sub-Court, Arni, with the interest of 7.5% per annum from the date of

petition till payment within a period of eight weeks from the date of receipt of a copy of this judgment. If any amount was deposited before the tribunal, the insurance company shall deposit the remaining amount after deducting the deposited amount. On such deposit, the claimant is permitted to withdraw the said amount by filing appropriate application before the tribunal. No Costs. Pending Petition(s), if any, is/are closed.

11-06-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.Sri Amarnatha Gupta S/o.Dwarakadas Gupta,No.5,Oshangessy Road,Langford Gardens, Bangalore-25 2.The Reliance General Insurance, Company Ltd Rep.By Branch Manager, No.73, 1st Floor, Officers Line, Vellore

3. The MACT/Sub-Court, Arni.

4. The Section officer, V.R. Section, High Court, Madras.

T.V.THAMILSELVI J.

pbl 11-06-2025