Haseena Yasmin, v. M.K.Haja Najmudeen,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2017 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.A.(MD)No.271 of 2015 Haseena Yasmin ... Appellant vs 1.M.K.Haja Najumudeen 2.The National Insurance Company, through its Divisional Manager, No.16, North Veli Street, Madurai.

... Respondents Prayer: Appeal filed under 173 of Motor Vehicles Act, 1988, to enhance the award passed in M.C.O.P.No.15 of 2011 dated 30.01.2014 on the file of the Motor Accidents Claims Tribunal (Principal Sub Court, Madurai).

For Appellant : Mr.Mohamed Athif for Ajmal Associates For Respondents : Mr.R.Maheswaran for R1 Mr.S.Srinivasa Raghavan for R2 ***************

JUDGMENT

Heard the learned counsel on either side.

2.The claimant has filed this appeal seeking enhancement of the compensation amount awarded by the Tribunal. 3.The claimant met with an accident on 23.11.2009. As a result, she suffered from dislocation of jaw. She was inpatient for a month. She continues to be suffering from partial permanent disability which was assessed at 37%. The Tribunal has awarded a sum of Rs.2,35,681/-. I am of the view that the compensation payable to the claimant can be reworked as under:- https://hcservices.ecourts.gov.in/hcservices/

Sl.No Heads Amount in Rupees 1.

Pain and Suffering Rs. 50,000/- 2.

Extra Nourishment Rs. 5,000/- 3.

Transportation Rs. 5,000/- 4.

Partial Permanent Disability(Rs.55,000X2) Rs. 1,10,000/- 5.

Medical Expenses Rs.1,50,181/- 6.

Loss of Amenities Rs. 25,000/- Total= Rs.3,45,181/- 3.The compensation payable to the claimant is enhanced from Rs.2,35,681/- to Rs.3,45,181/-. The second respondent is directed to pay the said award amount with interest at 7.5% per annum and costs from the date of petition till the date of realization, within a period of twelve weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. The claimant is permitted to withdraw the entire amount, less the amount already withdrawn by her, if any. The award made in M.C.O.P.No.15 of 2011 dated 30.01.2014 on the file of the Motor Accidents Claims Tribunal (Principal Sub Court, Madurai) is modified accordingly. This Civil Miscellaneous Appeal stands partly allowed. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Motor Accidents Claims Tribunal (Principal Sub Court, Madurai) 2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai. + 1 cc TO M/S.Ajmal Associates , Advocates in SR No. 84311 tsg AE/MR KKR/SAR1/11.12.2017/2P/4C JUDGMENT MADE IN C.M.A.(MD)No.271 of 2015 30.10.2017 https://hcservices.ecourts.gov.in/hcservices/