This High Court enhanced motor accident compensation. Despite Tribunal findings, the Court increased damages for disability and mental agony due to severe injuries and prolonged hospitalization, raising the total from Rs. 1.27 lakhs to Rs. 3.17 lakhs.
Compensation enhanced to Rs. 3,17,000; respondent insurer directed to deposit amount within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.03.2016
CORAM:
THE HON'BLE MR.JUSTICE S.VAIDYANATHAN
C.M.A.No.1276 of 2011
E.Settu
... Appellant/Petitioner
Vs.
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 01.12.2010 made in M.A.C.T.O.P No.4812 of 2007 on the file of the Motor Accidents Claims Tribunal, V Small Causes Court, Chennai.
For Appellant : Mr.R. Kalaiarasan For 2nd Respondent : Mr.R.Vijay
J U D G M E N T
Aggrieved by the award passed by the Tribunal, the injured claimant has come up with this Appeal seeking enhancement of compensation.
interest at 7.5% per annum. Details of the award are thus:
| Heads Amount |
|---|
| Temporary Loss of income Rs. 9,000.00 |
| Transport to Hospital Rs. 1,000.00 |
| Extra Nourishment Rs. 3,000.00 |
| Damage to clothing and Articles Rs. 1,000.00 |
| Private medicines purchased Rs. 3,000.00 |
| Pain and suffering Rs. 20,000.00 |
| Permanent disability Rs. 90,000.00 |
| Total Rs.1,27,000.00 |
Also, in view of the injuries sustained by the claimant, this Court enhances the compensation awarded towards 'Pain and suffering' from Rs.20,000/- to Rs.40,000/-.
| Heads | Amount awarded by the Tribunal |
Amount awarded by this Court |
|---|---|---|
| Temporary Loss of income | Rs. 9,000.00 |
Rs. 18,000.00 |
| Transport to Hospital | Rs. 1,000.00 |
Rs. 5,000.00 |
| Extra Nourishment | Rs. 3,000.00 |
Rs. 10,000.00 |
| Damage to clothing and Articles |
Rs. 1,000.00 |
Rs. 1,000.00 |
| Heads Amount awarded by the Tribunal Amount awarded by this Court |
|---|
| Private medicines purchased Rs. 3,000.00 Rs. 3,000.00 |
| Pain and suffering Rs. 20,000.00 Rs. 40,000.00 |
| Permanent disability Rs. 90,000.00 Rs.1,35,000.00 |
| Attender charges - Rs. 30,000.00 |
| Mental agony - Rs. 75,000.00 Total Rs.1,27,000.00 Rs.3,17,000.00 10. The 2ndrespondent/Insurance Company is directed to deposit the entire award passed by this Court along with accrued interest to the credit of M.C.O.P.No.4812 of 2007 on the file of the Motor Accidents Claims Tribunal, V Court of Small Causes, Chennai, within a period of six (6) weeks from the date of receipt a copy of this judgment. On such deposit being made, the appellant/claimant is permitted to withdraw the amount, as per the award of this Court. It is also made clear that the award amount shall be paid to the appellant/claimant by the |
| Tribunal in the form of a crossed Account Payee Cheque, |
| favouring only the appellant/claimant and it should not be issued in favour of any other person/Company. Since the compensation has now been enhanced, the appellant/claimant shall pay necessary court fee, if any. |
The Civil Miscellaneous Appeal is allowed with the above direction and observation. No costs.
Sd/Assistant Registrar //True Copy// Sub Assistant Registrar
aeb
To : The Registrar The V Court of Small Causes, Motor Accidents Claims Tribunal, Chennai.
2 Copy to: The Section Officer, VR Section, High Court, Madras +1cc to Mr.N.M. Muthurajan, Advocate, S.R.No.14395 +1cc to Mr.R. Vijayakumar, Advocate, S.R.No.14390 GJ (CO) md (10/11/2016) C.M.A.No.1276 of 2011
2 issues framed by the court
Whether the compensation awarded by the Tribunal for permanent disability, pain and suffering, and attendant charges was sufficient given the injuries sustained?
Whether the compensation for temporary loss of income and other heads should be enhanced considering the duration of hospitalization and nature of injuries?
1 provisions across 1 enactments
E. Settu
N.T.R. Balasubramanian
United India Insurance Co. Ltd.
S. Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
