Selvam, v. State Express Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.11.2017 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.A.(MD)No.527 of 2015 Selvam ... Appellant Vs.

State Express Transport Corporation Ltd., Through its Managing Director, Pallavan Salai, Chennai.

... Respondent Prayer: This Appeal filed under Section 173 of Motor Vehicles Act, 1988, to allow this appeal and enhance the award amount in M.C.O.P.No.97 of 2012 on the file of the Motor Accidents Claims Tribunal, (Chief Judicial Magistrate), Tirunelveli, dated 24.11.2012.

For Appellant : Mr.T.Selvakumaran For Respondent : Mr.P.Prabakaran

JUDGMENT

Heard the learned counsel on either side.

2.The injured claimant has filed this appeal seeking enhancement of the compensation amount awarded by the Tribunal. Though 48% disability is pleaded, the doctor who gave the treatment was not examined. Therefore the disability will have to be taken as 43%. The compensation payable to the claimant will have to be reworked as under:- Sl.No Heads Amount in Rupees 1.

Damages for partial permanent disability Rs. 1,29,000/- 2.

For loss of Income during the treatment period Rs. 40,000/- 3.

For pain and suffering Rs. 30,000/- 4.

For medical Expenses Rs. 46,483/- 5.

For transport Expenses Rs. 3,000/- 6.

For extra Nourishment Rs. 4,000/- 7.

For attendant Charges Rs. 5,000/- Total= Rs. 2,57,483/- 3.Therefore the compensation payable to the claimant will have https://hcservices.ecourts.gov.in/hcservices/

to be enhanced from Rs.1,74,483/- to Rs.2,57,483/- The award made in M.C.O.P.No.97 of 2012, on the file of the Motor Accidents Claims Tribunal, (Chief Judicial Magistrate), Tirunelveli, dated 24.11.2012 is modified accordingly.

4.The respondent is directed to deposit the entire compensation amount of Rs.2,57,483/- with interest at the rate of 7.5% per annum with costs, from the date of petition till the date of realization, 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 On such deposit, the claimant is entitled to withdraw the same, less the amount already withdrawn by him, if any, by filing proper application before the Tribunal.

5.This Civil Miscellaneous Appeal is partly allowed. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To 1.The Chief Judicial Magistrate, Motor Accidents Claims Tribunal Tirunelveli.

2.The Record Keeper, Vernacular Secton, Madurai Bench of Madras High Court, Madurai.

+1cc to M/s.P.PRABHAKARAN Advocate in SR. No. 85229 +1cc to Mr.T.SELVAKUMARAN Advocate in SR. No. 85293 TSG JS/SV.MMS/SAR.3/23.11.2017/2P-5C C.M.A.(MD)No.527 of 2015 03.11.2017 https://hcservices.ecourts.gov.in/hcservices/