K. Velavan S/O. Karuupasamy v. R.P. Kadarkaraivel
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2015
CORAM:
THE HONOURABLE MR.JUSTICE P.DEVADASS C.M.A. No.903 of 2015 and M.P.(MD).No.2 of 2015 K.Velavan ... Appellant / Petitioner -vs1.R.P.kadarkaraivel 2.The Branch Manager, United India Insurance Co., Ltd., No.924-A, Main Road, CCC Complex, Kovilpatti.
... Respondents / Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicle Act, 1988, against the judgment and decree passed on 30.01.2013 in M.C.O.P.No.678 of 2010, on the file of the Motor Accidents Claims Tribunal (Additional Sub Judge), Tirunelveli. For APPELLANT : Mr.T.Selvakumaran For R2 : Mr.V.R.Subramaniam
J U D G M E N T
The claimant in M.C.O.P.No.678 of 2010, has directed this appeal only as against the quantum of compensation awarded to him by the Motor Accident Claims Tribunal/(Additional Sub Judge), Tirunelveli. 2.The Tribunal considering the oral and documentary evidence awarded him a total compensation of Rs.4,35,785/-.
3.The learned counsel for the appellant would contend that the injured was 35 years old. He has been a Video Grapher. Run his Video shop in Vilathikulam. However, the Tribunal had taken only a low income viz., Rs.3,000/- per month.
4.The learned counsel for the Insurance Company contended that the Tribunal has taken a reasonable income.
5.Considering the materials on record and the evidence of P.W.1, it is seen that the appellant is a Video Grapher and he has been wanted for many functions. They are earning considerable amount as income. But, it is not steady. There are fluctuations. In such circumstances, he would earn a minimum of Rs.6,000/- per month. Accordingly, we revise loss of earnings for three months as (Rs.6,000/- x 3) Rs.18,000/-. Disability compensation revised to (50% x Rs.3,000) Rs.1,74,000/-. Rs.1,000/- and Rs.2,000/- awarded towards transportation charges and extra nourishment charges are raised to Rs.3,000/- and Rs.5,000/- respectively. The tribunal ought not have granted Rs.5,000/- towards mental agony when compensation for pain and suffering has been granted. However, https://hcservices.ecourts.gov.in/hcservices/
considering the nature of injuries suffered by the him, we raise the compensation for pain and suffering to Rs.25,000/-. 6.The evidence of P.W.3 and his medical certificate shows that the appellant cannot use his limbs as before. Thus there is a loss of amenities of live under this head we award him Rs.15,000/-. 7.Now, the revised compensation is as under:
Heading Awarded by the Tribunal Awarded by the High Court Loss of Income for 3 months at Rs.6000/- per month Rs.9,000/- Rs.18,000/- Disability Rs. 1,16,000/- Rs. 1,74,000/- Pain and Sufferings Rs. 15,000/- Rs. 25,000/- Transportation Charges Rs. 1,000/- Rs. 3,000/- Extra-nourishment Rs.2,000 Rs. 5,000/- Medical Bills Rs.2,87,785/- Rs.2,87,785/- Loss of Amenities Nil Rs.15,000/- Rs.5,000/- nil Loss of Mentak Agony Total Rs.4,35,785/- Rs.5,27,785/- 8.In the result, the award of the Motor Accident Claims Tribunal is modified to Rs.5,27, 785/- with interest at 7.5% p.a., from the date of petition till deposit and with costs. The award amount shall be deposited within four weeks from the date of receipt of a copy of this Judgment, less amount, if any already deposited and on such deposit, on filing appropriate application, the Tribunal will disburse the amount, less amount, if any already withdrawn.
9.Accordingly, this civil miscellaneous appeal is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- The Assistant Registrar(co) /True copy/ Sub-Assistant Registrar To:
1.The Principal District Judge, Tirunelveli.
2.The Motor Accident Tribunal (Additional Sub Judge), Tirunelveli.
+1cc to Mr.T.Selvakumaran, Advocate SR.no.48778 sm:PRV:SAR I:14.09.2015:2P/4c C.M.A. No.903 of 2015 and M.P.(MD).No.2 of 2015 24.08.2015 https://hcservices.ecourts.gov.in/hcservices/