Mathialagan, v. Dr.M.Balasundaram,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2017 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.A.(MD)No.281 of 2015 Mathialagan ... Appellant/Claimant Vs.
1.Dr.M.Balasundaram 2.M/s.ICICI Lombard General Insurance Co. Ltd, No.5, United Arcot, 3rd Floor, Annamalai Nagar, Tirichirappalli.
3.M.Prabamaran 4.IFFCO TOKYO General Insurance Co. Ltd, TULSI Chamber, 3rd Floor, 195, T.V.Swamy Road, West R.S.Puram, Coimbatore.
5.Thiraviyaselvam 6.The Divisional Manager, New India Assurance Co. Ltd, Market Road, Thanjavur.
... Respondents (R1 & R5 set exparte before the Tribunal hence, notice may be given up against R1 & R5) Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree order dated 23.07.2013 made in MCOP.No.91 of 2012 on the file of the Motor Accidents Claims Tribunal, Additional District and Sessions Judge, Special Court for E.C Act Cases, Thanjavur. For Appellant : Mr.S.Deenadhayalan For Respondents : Mr.K.K.Ramakrishnan for R2 Mr.S.Srinivasa Raghavan for R4 Mr.R.Suresh Kumar for R6 R3 No appearance. R1&R5 exparte.
JUDGMENT
The claimant has filed this appeal seeking enhancement of compensation awarded to him by order dated 23.07.2013 made in MCOP.No.91 of 2012 on the file of the Motor Accidents Claims Tribunal, Additional District and Sessions Judge, Special Court for E.C Act Cases, Thanjavur.
2.The claimant has suffered injuries and the disability was assessed at 42%. But, the Tribunal awarded only a sum of Rs.42,000/- towards disability compensation. The damages awarded under other heads are also not adequate. Therefore, the compensation payable to the claimant is re-worked as under : Disability compensation : Rs.1,26,000/- Leave on loss of pay : Rs.1,15,000/- Pain and sufferings : Rs. 66,000/- Medical expenditure : Rs. 38,000/- Loss of amenities : Rs. 25,000/- Transportation charges : Rs. 15,000/- Attendar charges : Rs. 15,000/- ----------------- Total : Rs.4,00,000/- ----------------- 3.The compensation payable to the claimant is enhanced from a sum of Rs.2,20,000/- to Rs.4,00,000/-. The dated 23.07.2013 made in MCOP.No.91 of 2012 on the file of the Motor Accidents Claims Tribunal, Additional District and Sessions Judge, Special Court for E.C Act Cases, Thanjavur is modified.
4.The respondents 1 and 2 are directed to deposit 2/3rd share of the compensation amount and the respondents 3 and 4 are directed to deposit 1/3rd share of the compensation amount with proportionate interest at the rate of 7.5% per annum, from the date 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 being made, the claimant is permitted 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 allowed. No costs. sd/- Assistant Registrar (CS-III) /True copy/ Sub Assistant Registrar
To The Motor Accidents Claims Tribunal / Additional District and Sessions Judge / Special Court for E.C Act Cases, Thanjavur.
Copy to:
The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.
+1 CC to Mr.R.SURESHKUMAR, Advocate SR.No.87432 +1 CC to Mr.S.DEENADHAYALAN, Advocate SR.No.87672 +1 CC to Mr.K.K.RAMAKRISHNAN, Advocate SR.No.87908 +1 CC to Mr.S.SRINIVASA RAGHAVAN, Advocate SR.No.87867 C.M.A.(MD)No.281 of 2015 15.11.2017 skm SH/PN/SAR-4:29.12.2017:3P/7C