Sumathi, F/A 38 Yrs, v. M/S.Sri Sai Fireworks
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.10.2017 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.A.(MD)No.288 of 2015 Sumathi ... Appellant/Claimant Vs.
1.M/s.Sri Sai Fireworks Industries, 4/8/30, Gopuram Colony, Anaiyoor, Sivakasi Taluk, Virudhunagar District. 2.The Branch Manager, M/s.New India Assurance Co. Ltd, South Car Street, Sivakasi - 626 123, Virudhunagar District.
...Respondents/Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, to set aside the decree and judgment dated 28.01.2014 made in M.C.O.P.No.48 of 2013 respectively passed by the Motor Vehicle Accident Claims Tribunal and Sub Court, Aruppukottai.
For Appellant : Mr.G.Marimuthu For Respondents : Mr.C.Murugavelu for R1 Mr.D.Malaichamy for R2
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the claimant seeking enhancement of compensation awarded in MCOP.No.48 of 2013, dated 28.01.2014 on the file of the Motor Accident Claims Tribunal, Sub Court, Aruppukottai. It is a case of injury. The vehicle involved in the accident was insured with the second respondent herein. Crime No.924/2012 was registered on the file of Aruppukottai Town Police Station. The driver of the offending vehicle admitted the guilt and paid the fine amount also. The appellant herein suffered fracture in the right hand elbow. The percentage of disability was assessed at 46%. But the Court below awarded only a sum of Rs.1,73,160/-.
2.I am of the view that the Trial Court ought to have awarded a sum of Rs.3,000/- instead of Rs.2,000/- per percentage of disability. Therefore, the compensation awarded under the head disability should have been Rs.3,000/- x 46 = Rs.1,38,000/-. A sum of Rs.10,000/- can be given towards loss of amenities. Damages awarded under other heads are confirmed. Therefore, the compensation awarded by the Tribunal is enhanced by further sum of Rs.56,000/-. The second respondent is directed to deposit the said amount within https://hcservices.ecourts.gov.in/hcservices/
twelve weeks from the date of receipt of a copy of this order together with interest at the rate of 7.5% per annum from the date of petition till the date of realisation. On such deposit being made, the appellant / claimant is at liberty to withdraw the same. 3.This Civil Miscellaneous Appeal is allowed accordingly. No costs.
Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To 1.The Subordinate Judge, Motor Vehicle Accident Claims Tribunal , Aruppukottai.
2.Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
+One cc to Mr.M.JothiBasu, Advocate, SR.No.82448 skm RL/4C/2P/MR/KKR/SAR1/22/11/2017 C.M.A.(MD)No.288 of 2015 11/10/2017 https://hcservices.ecourts.gov.in/hcservices/