S.Nicholus (Died) v. Robertson,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.09.2024
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN 1.S.Nicholus (died), 2.Mailcy (died), 3.Micheal Nirmala.
... Appellants (A3 is brought on record as LR of the deceased 2nd appellant vide order dated 31.07.2024 made in C.M.P.(MD) Nos.8118, 8122 and 8125 of 2024) Vs.
1.Robertson, 2.National Insurance Company Ltd., Represented through its Branch Manager, Office at Nagercoil, Nagercoil Village, Agastheeswaram Taluk, Kanyakumari.
... Respondents Prayer: Civil Miscellaneous Appeal filed under 173 of the Motor Vehicle Act, 1988, against the judgment and decree dated 12.03.2018 passed in M.C.O.P.No.39 of 2008 on the file of the Motor Accidents Claims Tribunal, II Additional Subordinate Judge, Nagercoil, Kanyakumari. For Appellant : Mr.G.Aravinthan For Respondents for R1 : Dispensed with for R2 : Mr.N.S.Ramakrishnadass ***** Page No. 1 of 7
J U D G M E N T
The instant appeal has been filed by the claimants seeking enhancement of the compensation awarded by the Tribunal.
2. Since the finding on negligence and liability are not under challenge, the facts leading to the filing of the claim petition may not be necessary for deciding the issue involved in this appeal.
3. The learned counsel for the appellant/claimant submitted that the appellant is a relative of the deceased, who had sustained grievous injuries in the accident and died one year after the accident; and that the compensation awarded by the Tribunal at Rs.20,082/- is meagre and hence, prayed for enhancement.
4. The first respondent is the owner of the vehicle and since the issue involved is with regard to quantum of compensation, notice to the first respondent is dispensed with.
5. The learned counsel for the second respondent/Insurance Page No. 2 of 7
Company, per contra, submitted that the compensation awarded by the Tribunal is just and reasonable and there is no reason to interfere with the award of the Tribunal.
6. The only point for consideration in the instant appeal is 'whether the compensation awarded by the Tribunal is just and reasonable?'
7. The claimant had established before the Tribunal that the deceased had sustained fracture in the left leg by marking Ex.P6-Wound Certificate. The claimant had also established that the deceased spent Rs.8,082/- towards medical treatment and was hospitalised for nearly 120 days as an inpatient. The claimant, however, was unable to establish that the deceased died due to the injuries sustained in the accident and hence, the Tribunal held that the nexus between the accident and the death was not established. This Court is of the view that the said finding cannot be faulted in the light of the evidence on record. The claimant would, thus, be entitled to the compensation only for the injuries suffered by the deceased.
8. Though the Tribunal had not awarded any compensation under Page No. 3 of 7
the head 'Pain and sufferings', this Court is of the view that it would be reasonable to award Rs.30,000/- under the said head.
9. Though the Tribunal had not awarded any compensation under the heads 'Extra nourishment' and 'Transport expenses', this Court is of the view that it would be reasonable to award a sum of Rs.5000/- each under the above heads. The compensation under the head 'Attendant charges', considering the number of days the deceased was treated as an inpatient, can be enhanced to Rs.15,000/-. Thus, the compensation awarded by the Tribunal is enhanced as follows: Sl.
No Description Amount awarded by the Tribunal Amount awarded by this Court Award confirmed, enhanced or granted Medical expenses Rs. 8,082/- Rs. 8,082/- Confirmed Attendant charges Rs. 12,000/- Rs. 15,000/- Enhanced Pain and sufferings --- Rs. 30,000/- Granted Extra Nourishment --- Rs. 5,000/- Granted Transportation --- Rs. 5,000/- Granted Total Rs. 20,082/- Rs.63,082/- Enhanced by Rs.43,000/-
10. The appellant/claimant shall not be entitled to the interest for the delay period of 521 days.
Page No. 4 of 7
11. The second respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.63,082/- (Rupees Sixty Three Thousand and Eighty Two 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 delay period of 521 days) and costs, less the amount already deposited, if any, within a period of four (4) weeks from the date of receipt of a copy of this order.
12. On such deposit, the appellant/claimant is entitled to withdraw the same together with proportionate interest and costs, less the amount already withdrawn, if any, by filing an appropriate application before the Tribunal. The appellant/claimant is directed to pay the necessary Court Fee, if any, on the enhanced amount.
13. In the result, this Civil Miscellaneous Appeal is partly allowed. No costs.
04.09.2024 Index: Yes/ No NCC: Yes / No Speaking Order / Non-Speaking Order apd Page No. 5 of 7
To:
1.Motor Accidents Claims Tribunal, II Additional Subordinate Judge, Nagercoil, Kanyakumari.
2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.
Page No. 6 of 7
SUNDER MOHAN , J.
apd 04.09.2024 Page No. 7 of 7