Aravind v. M.Alex Jesus Prince(Died
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2017 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CMA(MD)No.1200 of 2014 Aravind ... Appellant Vs.
1. M.Alex Jesus Prince, (died)
2. The Branch Manager, Reliance General Insurance Corporation, Dhaya Plaza, South Bye pass road, Wannarapettai, Tirunelveli - 627 003.
3. R.Murugan
4. The Branch Manager, National Insurance Corporation, 112, North Car Street, Nagercoil - 629 001, Kanyakumari District.
5. Rani
6. Minor A.Fredi
7. Minor Jofree (Proposed minor respondents are rep.by their mother, natural guardian and next friend, 5th respondent) (R5 to R7 are brought on record as Lrs of the deceased First respondent vide order dated 31.10.2014 made in MP(MD)No.4 of 2012 in CMA SR.9854 of 2012) ... Respondents Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree dated 19.08.2010 made in MCOP.No.166 of 2009 on the file of the Motor Accident Claims Tribunal(Sub Court) Valliyoor.
For Appellant : Mr.A.R.Jeya Rhuthran For Respondents : Mr.S.Srinivasa Raghavan for R2 R1-Died, R3, R5 to R7 - No appearance
JUDGMENT
The injured claimant has filed this appeal seeking enhancement of compensation awarded to him. He was travelling as a passenger in a Jeep insured with the second respondent herein. The said Jeep had hit a Van that was going in front. In the resulting accident, the claimant/appellant had suffered multiple facial fractures. The doctor had assessed the disability suffered by the claimant at 80%. The claimant lost his left eye. Even though this is a case of functional disability, the Tribunal did not adopt the multiplier method.
2.I am therefore of the view that the compensation awarded to the claimant will have to be necessarily enhanced. The accident took place in the year 2009. The claimant was a final year student in Diploma in Electronic Communication Engineering. It is stated that the claimant is still searching for employment on account of facial disfiguraton. His marriage prospects have also severely impaired. Therefore, the compensation payable to the claimant can be reworked as under :
Heads Rupees in Amount Loss of earning capacity Rs. 4,32,000/- Medical expenditure Rs. 2,00,000/- Pain and sufferings Rs. 1,50,000/- Loss of marriage prospects Rs. 1,00,000/- Attender charges Rs. 15,000/- Extra nourishment Rs. 20,000/- Transportation charges Rs. 13,000/- Loss of amenities Rs. 70,000/- Total Rs.10,00,000/- 3.The compensation payable to the claimant is enhanced from a sum of Rs.4,15,058/- to Rs.10,00,000/-. The award 19.08.2010 made in MCOP.No.166 of 2009 on the file of the Motor Accident Claims Tribunal, Sub Court, Valliyoor is modified.
4.The second respondent insurance company is directed to deposit the sum of Rs.10,00,000/- with interest at the rate of 7.5% per annum from the date of petition till the date of realization and costs, within a period of eight weeks from the date of receipt of a
copy of this order, less the amount already deposited, if any. On such deposit, the claimant is entitled to withdraw the same by filing proper application before the Tribunal, less the amount already withdrawn by him, if any.
5.This Civil Miscellaneous Appeal is partly allowed. No costs. Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar To
1. The Sub Court, Motor Accident Claims Tribunal, Valliyoor.
2. The Branch Manager, Reliance General Insurance Corporation, Dhaya Plaza, South Bye pass road, Wannarapettai, Tirunelveli - 627 003.
3. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) +1CC to Mr.S.Srinivasa Raghavan, Advocate, SR.No. 93707 +1CC to Mr.A.R.Jeya Rhuthran, Advocate, SR.No. 94100 CMA(MD)No.1200 of 2014 19.12.2017 SKM ES/SV/VR/SAR 4/02.07.2018/3P/7C