D.Bright Gilbert (Died) v. Joseph John Kennedy,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2024
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN 1.D.Bright Gilbert (died), 2.Caroline Janaki, 3.Benitta, 4.Gnana Amirtham.
... Appellants Vs.
1.Joseph John Kennedy, 2.The Managing Director, Tamil Nadu State Transport Corporation, Division-III, Ranithottam, Nagercoil, Agasteeswaram Taluk, Kanyakumari.
... Respondents (A2 to A4 are brought on record as LRs of the deceased sole appellant vide order dated 29.04.2021 in C.M.P.(MD)No.4229 to 4231 of 2021) Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 22.01.2014 passed in M.C.O.P.No.78 of 2011on the file of the Motor Accidents Claims Tribunal/ Special Court for Forest Offences Cases, Nagercoil, Kanyakumari.
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For Appellant : Mrs.A.Elis Chitra Devi For Respondents : Mr.P.Prabhakaran for R2
J U D G M E N T
The instant appeal has been filed seeking enhancement of the compensation.
2. Since the finding on negligence and the manner of the accident are not under challenge, the facts leading to the filing of the claim petition are unnecessary for the disposal of the instant appeal.
3. The learned counsel for the appellants/claimants submitted that the claimant/first appellant, who died pending disposal of the appeal, had suffered serious injuries, and due to the injuries, there was a shortening of his left leg by 3 cm and he was unable to walk and climb the steps and that the compensation awarded under the head attendant charges and the other heads is meagre and hence, prayed for enhancement.
4. The learned counsel for the second respondent/Transport Corportaion, per contra, submitted that the compensation awarded by the Page No. 2 of 6
Tribunal is more than reasonable and therefore, no interference is called for.
5. The only point for consideration in the instant appeal is 'whether the compensation awarded by the Tribunal is just and reasonable?'
6. It is seen from the records that the Doctor had assessed the disability at 20% as per Ex.P12. Considering the facts and circumstances of the case and the year of the accident, this Court is of the view that a sum of Rs.3,000/- can be awarded per percentage of the disability and hence, the compensation under the head 'Disability' can be enhanced to Rs.60,000/-.
7. Admittedly, the claimant/first appellant was taking treatment as an inpatient in two spells as per the evidence of the Doctor-P.W.2 and the discharge summary was marked as Ex.P6. Therefore, the attendant charges at Rs.1650/- awarded by the Tribunal is meagre and the same can be enhanced to Rs.10,000/-. The compensation awarded under the other heads is just and reasonable. The compensation awarded by the Tribunal is enhanced as follows:
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Sl.
No Description Amount awarded by the Tribunal Amount awarded by this Court Award confirmed, enhanced or granted For gravies injury Rs. 10,000/- Rs. 10,000/- Confirmed Damages of Cloths & Watch Rs. 1,000/- Rs. 1,000/- Confirmed Pain and sufferings Rs. 25,000/- Rs. 25,000/- Confirmed Extra nourishment Rs. 10,000/- Rs. 10,000/- Confirmed Transportation charges Rs. 5,000/- Rs. 5,000/- Confirmed Medical expenditure Rs.1,05,496.44/- Rs.1,05,496.44/- Confirmed Loss of income for 11 days Rs. 2,365/- Rs. 2,365/- Confirmed Loss of income for 5 months Rs. 32,500/- Rs. 32,500/- Confirmed Future treatment Rs. 25,000/- Rs. 25,000/- Confirmed 10 Attendant charges Rs. 1,650/- Rs. 10,000/- Enhanced 11 Disability Rs. 40,000/- Rs. 60,000/- Enhanced Total Rs.2,58,011.44/- Rs.2,86,361.44/- Enhanced by Rs.28,350/-
8. The second respondent/Transport Corporation is directed to deposit the enhanced compensation amount of Rs.2,86,361.44/- (Rupees Two Lakhs Eighty Six Thousand Three Hundred Sixty one and forty four paise only) together with interest at the rate of 7.5% per annum from the date of the claim petition till the date of realization (excluding the period of dismissal for default if any) and costs, less the amount already Page No. 4 of 6
deposited, if any, within a period of four (4) weeks from the date of receipt of a copy of this order.
9. The appellants 2 to 4 who are the legal heirs of the first appellant are permitted to withdraw the compensation, equally, less the amount already withdrawn, if any, by filing an appropriate application before the Tribunal. The appellants 2 to 4/claimants are directed to pay the necessary Court Fee, if any, on the enhanced amount.
10. In the result, this Civil Miscellaneous Appeal is partly allowed. No costs.
13.09.2024 Index: Yes/ No NCC: Yes / No Speaking Order / Non-Speaking Order apd To:
1. The Motor Accidents Claims Tribunal/ Special Court for Forest Offences Cases, Nagercoil, Kanyakumari.
2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.
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SUNDER MOHAN , J.
apd 13.09.2024 Page No. 6 of 6