Natarajan v. Udhayakumar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2025
CORAM:
THE HONOURABLE MRS.JUSTICE R.KALAIMATHI C.M.A.(MD)No.629 of 2024 Natarajan ... Appellant/Petitioner vs.
1.Udhayakumar 2.United India Insurance Company Limited Through its Branch Manager No.560 X, Kandan Complex, 2nd Floor, Opposite to New Bus Stand, Valliyoor.
... Respondents/Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1983, against judgment and decree dated 19.05.2023 passed in M.C.O.P.No.255 of 2017 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Tirunelveli.
For appellant : Mr.T.Selvakumaran For Respondents For R1 : Notice - dispensed with For R2 : Mr.G.Prabhu Rajadurai Page No. 1 of 7
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J U D G M E N T
Not being satisfied with the award dated 19.05.2023 made in M.C.O.P.No.255 of 2017 by the Motor Accidents Claims Tribunal/Chief Judicial Magistrate Court, Tirunelveli, the claimant has preferred this appeal for enhancement of compensation.
2. Heard the learned counsel for the appellant and the learned counsel for the second respondent/Insurance Company and perused the relevant records.
3. Upon consideration, the Tribunal has granted Rs.4,000/- per percentage (disability was assessed at 22% by the Medical Board, Tirnelveli). For loss of income during treatment period, an amount of Rs.60,000/- is granted (Rs.10,000/- p.m. x 6 months). For pain and sufferings, an amount of Rs.50,000/- and for medical expenses, an amount of Rs.2,18,868/- was granted. For transportation charges, extra nourishment and for attendant charges, Rs.10,000/- was granted under each head. For loss of Page No. 2 of 7
amenities, Rs.1,00,000/- was granted. In all, an amount of Rs.5,46,868/- was granted.
4. It has come on record through the evidence of P.W. 1/claimant that on account of the accident, he suffered facial injury, fracture dislocation of carpometacorpal junction of 2nd, 3rd, 4th and 5th fingers, fracture PPx third and fourth toe of right foot. As regard facial injuries, he sustained multiple facial bones fracture. As per the discharge summary/Ex.P2, he was admitted at private hospital at Thiravium Orthopaedic Hospital, Nagercoil on 09.03.2017 and discharged on 23.03.2017. The disability was assessed by the Medical Board, Tirunelveli at 22%.
5. Upon consideration of the said details of the injuries, his functional disability is taken as 22%. This Court deems it fit to grant Rs.6,000/- per percentage of disability. For partial permanent disability, an amount of Rs.1,32,000/- (Rs.6,000/- x 22= Rs.1,32,000/-) is granted.
6. In so far as the avocation of the claimant is concerned, it Page No. 3 of 7
has been stated that the claimant, who is an Ex-service man, was working as a security and was earning a sum of Rs.12,000/- p.m. The date of accident is 09.03.2017. In consideration of the aforesaid details, his notional income is fixed at Rs.14,000/- p.m. For loss of income during treatment period, an amount of Rs.84,000/- (Rs.14,000/- x 6 months) is granted. As regards other heads, the amount awarded by the Tribunal appears to be reasonable and acceptable and hence, it needs no interference. The compensation awarded by the Tribunal is re-worked and tabulated as given hereunder:
S.
No Description Amount awarded by Tribunal Amount awarded by this Court Award confirmed or enhanced or granted or reduced For disability Rs. 88,000/- Rs. 1,32,000/- Enhanced For pain and sufferings Rs. 50,000/- Rs. 50,000/- Confirmed For medical expenses Rs.2,18,868/- Rs.2,18,868/- Confirmed For loss of income Rs. 60,000/- Rs. 84,000/- Enhanced For transportation charges Rs. 10,000/- Rs. 10,000/- Confirmed For extra nourishment Rs. 10,000/- Rs. 10,000/- Confirmed For loss of estate Rs.1,00,000/- Rs.1,00,000/- Confirmed For attendant charges Rs. 10,000/- Rs. 10,000/- Confirmed Total Rs.5,46,868/- Rs.6,14,868/- Enhanced by Rs.68,000/- Page No. 4 of 7
8. In the result, (i) The Civil Miscellaneous Appeal stands partly allowed. No costs.
(ii) The compensation awarded by the Tribunal is enhanced from Rs.5,46,868/- to Rs.6,14,868/-.
(iii) The second respondent/Insurance Company is directed to deposit the enhanced compensation amount of Rs.6,14,868/- (less the amount already deposited if any) with interest at 7.5% p.a. from the date of filing of the claim petition till the date of realisation to the credit of M.C.O.P.No.255 of 2017 on the file of Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Tirunelveli, within a period of eight (8) weeks from the date of receipt of a copy of this Judgment.
(iv) On such deposit being made, the claimant/appellant is permitted to withdraw the compensation amount with interest, after adjusting the amount, if any already withdrawn by filing necessary application before the Tribunal.
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(v) The claimant is directed to pay the Court fee for the enhanced compensation amount, if required.
(vi) The Tribunal below shall disburse the amount upon production of the certified copy showing proof of payment of Court fee by the claimant.
30.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd To 1.The Chief Judicial Magistrate, The Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Tirunelveli.
2.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.
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R.KALAIMATHI,J apd Pre-delivery order made in 30.01.2025 Page No. 7 of 7