Allowed

N.Harikrishnan v. Senthilkumar

Madras HC15 Jul 2014CMA/2045/2012

Case brief

AI extract

What is this about?

The Court allowed a Civil Miscellaneous Appeal seeking enhancement of compensation. Modifying the Tribunal's award, the Court added amounts for loss of amenities, extra-nourishment, and pain and suffering, enhancing total compensation to Rs.2,00,000-, directed the insurer to deposit the sum with interest within four weeks.

What did the court decide?

Compensation enhanced to Rs.2,00,000-. Direction to deposit amount with interest within four weeks.

N.Harikrishnan Vs Senthilkumar — Motor Accident Claims | Madras HC (2014)

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In the High Court of Judicature at Madras

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Dated : 15.07.2014

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Coram

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The Honourable Mr.Justice R.SUBBIAH

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C.M.A.No.2045 of 2012

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N.Harikrishnan ... Appellant/ Petitioner ..vs.. 1.Senthilkumar 2.M/s.Sir Mugambigai Spining Mills Ltd., Rep. by Managing Director, No.551, Ganesa Puram, S.S.Kulam, Coimbatore.

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3.Cholamandalam M.S.General Insurance Company Ltd., Avinashi Road, Kalai Kathir Buildings, Coimbatore. ... Respondents/ Respondents

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Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 14.11.2011 made in M.C.O.P.No.1189 of 2008 on the file of the Motor Accidents Claims Tribunal (Additional District and Sessions Judge – FTC.No.1), Coimbatore.

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For Appellant : Mr.Mr.R.Babu for Mr.S.Gunalan

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For Respondents : Mr.N.Vijayaraghavan (For R3)

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No appearance for R 1 & R2

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JUDGMENT

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Not being satisfied with the quantum of compensation awarded by the Motor Accidents Claims Tribunal (Additional District and Sessions Judge – FTC No.1), Coimbatore, in and by award dated 14.11.2011 made in M.C.O.P.No.1189 of 2008, the claimant has filed the present appeal seeking for enhancement of compensation amount.

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2.Since the present appeal has been filed challenging the quantum of compensation alone, this Court is not dealing with the other aspects of the award passed by the Tribunal.

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https://hcservices.ecourts.gov.in/hcservices/

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3.So far as the quantum of compensation is concerned, it is the case of the claimant that on account of the accident, he has sustained the following injuries_ 1)Chip fracture in the left femoral Condyle, 2)Lacerated wound 6 x 4 cm over right Elbow join, 3) Lacerated wound 4 x 2 cm over medical aspect of left forearm, 5) Lacerated wound over left forearm and right elbow region, 6)Abrasion over right arm and multiple abrasions and lacerations in the body. It is the contention of the claimant that though the Doctor-P.W.4 has assessed the disability suffered by the claimant at 25%, the Tribunal has awarded only a total compensation of Rs.1,63,000/-. Thus, he prayed for enhancement of the compensation amount.

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3.Heard the submissions made on either side.

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4.On a careful perusal of the entire materials available on record, I find that on account of the accident, the appellant/claimant has sustained grievous injuries. In order to prove the disability suffered by the claimant, the claimant has examined himself as P.W.1, besides examining one Dr.Gajendran as P.W.4 and marked 58 documents as Ex.P.1 to P.58. The Doctor-P.W.4 has assessed the disability suffered by the claimant at 25% and issued disability certificate Ex.P.58. By fixing the disability at 25%, the Tribunal has awarded a sum of Rs.2,000/- per each percentage of disability and thus, awarded a sum of Rs.50,000/- for the disability suffered by the claimant. On account of the disability suffered by the claimant, he would find it difficult to do his normal work as he was doing before the accident. But, the Tribunal has not awarded any compensation for loss of amenities. Hence, a sum of Rs.20,000/- is hereby awarded for loss of amenities. The Tribunal has not awarded any amount for extra-nourishment. Hence, a sum of Rs.7,000/- is hereby awarded under the head of extra-nourishment.

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5.That apart, the Tribunal has awarded only a sum of Rs.10,000/under the head of pain and suffering, which is on the lower side. Hence, a sum of Rs.20,000/- is hereby awarded for pain and sufferings, by adding another sum of Rs.10,000/-. In other aspects, the award passed by the Tribunal is hereby confirmed.

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6.Consequently, the compensation amount of Rs.1,63,000/- awarded by the Tribunal is hereby modified and enhanced to a sum of Rs.2,00,000/-. Break up details of the modified compensation amount are as follows:-

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https://hcservices.ecourts.gov.in/hcservices/

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For disability at 25% (25 x 2000) = Rs. 50,000/Pain and sufferings = Rs. 20,000/Loss of amenities = Rs. 20,000/Transportation = Rs. 3,000/Damage to clothes = Rs. 1,000/Extra-nourishment = Rs. 7,000/Medical expenses = Rs. 99,000/--------------------Total Rs.2,00,000/-

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7.In the result, the Civil Miscellaneous Appeal is allowed. The Insurance Company/3^rd respondent herein is directed to deposit the entire modified award amount of Rs.2,00,000/- (Rupees two lakhs only), with interest at 7.5% per annum, from the date of claim petition till the date of deposit, to the credit of the above said MCOP, within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the claimant is permitted to withdraw the same, by making necessary application before the Tribunal. No costs. Sd/Asst. Registrar(CS III) /true copy/ Sub Asst. Registrar. ssv Copy to_ The Additional District and Sessions Judge (FTC.No.1), (Motor Accidents Claims Tribunal), Coimbatore. +1cc to Mr.M.B.Gopalan ,Advocate SR.No.31341 +1cc to Mr.S.Gunalan , Advocate SR.No.31587 UG(CO) ka 04/09

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C.M.A.No.2045 of 2012

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15.07.2014

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https://hcservices.ecourts.gov.in/hcservices/

N.Harikrishnan v. Senthilkumar

Case brief

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N.Harikrishnan v. Senthilkumar

Case brief

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