P.Selvaraj (M/33) v. M/S.Vijaya Enterprises,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2017 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.A.(MD)No.144 of 2015 P.Selvaraj ... Appellant Vs.
1.M/s.Vijaya Enterprises, No.18/B-1, New Ramnad Road, Anupanadi, Madurai District.
2.M/s.Royal Sundaram Alliances Insurance Co., Ltd, Rep.by is Branch Manager, No.37, Krishna Rao Tank Street, Cooperative stores building, TVS, Madurai District.
... Respondents Prayer: This Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to enhance the compensation awarded in MCOP.No.1238 of 2009, dated 27.03.2014 on the file of the Motor Accidents Claims Tribunal, (V Additional District and Sessions) Madurai. For Appellant : Mr.C.K.M.Appaji For Respondents : Mrs.K.R.Shivasankari for Mr.S.Srinivasa Raghavan for R2 No appearance for R1
JUDGMENT
The claimant aggrieved by the inadequate compensation awarded to him has filed this appeal challenging the award dated 27.03.2014 made MCOP.No.1238 of 2009 on the file of the Motor Accidents Claims Tribunal, (V Additional District and Sessions) Madurai.
2.The claimant was travelling in a two wheeler on 27.03.2009 in Madurai - Rameswaram main road when the TATA Ace vehicle belonging the the first respondent dashed against the two
wheeler that was ridden by the appellant/claimant. The claimant suffered fractures. He was an inpatient in Madurai Meenakshi Mission hospital as well as the Preethi hospital, Madurai. Crime No.47/2009 was registered against the driver employed by the first respondent herein. The claimant claimed a sum of Rs.5,00,000/-. But, the Tribunal awarded only a sum of Rs.1,67,464/- with interest. Contending that the compensation awarded is inadequate, this appeal has been filed. 3.Heard the learned counsel for the parties.
4.Negligence was rightly fixed on the driver of the first respondent. The said finding has become final. The offending vehicle was insured with the second respondent. Therefore, the second respondent is liable to satisfy the award. The question is the quantum of compensation that has to be given to the claimant. The Court below ought to have held that the claimant has suffered 44% disability. The claimant has marked Ex.P20 in respect of the said claim. There was no justification for reducing the same to 34%. Therefore, the compensation payable to the claimant is liable to be re-worked as under :
Sl.No Heads Amount in Rupees 1.
Towards treatment Rs.87,964/- 2.
For permanent disability (44x3000) Rs.1,32,000/- 3.
For transportation Rs.5,000/- 4.
For pain and sufferings Rs.25,000/- 5.
For attender charges Rs.5,000/- 6.
For extra nourishment Rs.5,000/- 7.
For damage of articles and clothes Rs.1,000/- 8.
For loss of income Rs.10,000/- Total Rs.2,70,964/- 5.The compensation payable to the claimant is enhanced from Rs.1,67,464/- to Rs.2,70,964/-. The second respondent is directed to deposit the entire compensation amount with interest at the rate of 7.5% per annum with costs from the date of petition till date of realization, within a period twelve 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.
7.The award dated 27.03.2014 made in MCOP.No.1238 of 2009 on the file of the Motor Accidents Claims Tribunal, (V Additional District and Sessions) Madurai is modified and this Civil Miscellaneous Appeal is partly allowed as indicated above. No costs.
Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To
1. The Motor Accidents Claims Tribunal, (V Additional District and Sessions) Madurai
2. The Record Keeper, Madurai Bench of Madras High Court, Madurai.
3 M/s.Vijaya Enterprises, No.18/B-1, New Ramnad Road, Anupanadi, Madurai District.
+1 cc to Mr.C.K.M.Appaji, Advocate SR.No.83794 +1 cc to Mr.S.Srinivasa Raghavan Advocate SR.No.83851 C.M.A.(MD)No.144 of 2015 26.10.2017 SMA/JC/SAR-4/28.12.2017:3P/6C