Partly allowed

P.Silambayee (Unsound) v. a.Shagayajuli

Madras HC7 Nov 2017CMA(MD)/697/2015

Case brief

AI extract

What is this about?

The Madurai Bench enhanced compensation for a motor accident claimant suffering skull injuries. The Tribunal's award was modified to Rs. 7,63,000, increasing pain and suffering and future medical costs, and the insurance company was directed to deposit the enhanced amount with interest.

What did the court decide?

The award dated 08.11.2013 was modified to enhance compensation to Rs. 7,63,000. The second respondent is directed to deposit the amount with interest at 7.5% per annum within eight weeks.

P.Silambayee (Unsound) Vs a.Shagayajuli — Motor Accident Claims | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 07.11.2017

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CORAM :

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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C.M.A.(MD)No.697 of 2015

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P.Silambayee (Un sound),

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Rep.by her husband R.Palanisamy

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... Appellant/Petitioner

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Vs.

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1.A.Shagayajuli

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2.The Branch Manager, Royal Sundaram Alliance Insurance Co. Ltd,

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TVS Co-operative Store Building, No.37, Krishna Rao Tank Street, Madurai – 625 001. ... Respondents/Respondents

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Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and degree dated 08.11.2013 made in M.C.O.P No.168 of 2012 on the file of the Motor Accidents Claims Tribunal / Additional Sub Court, Karur.

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For Appellant : Mr.T.Selvakumaran For Respondent : Mr.M.Jerin Mathew for Mr.Elango for R2 No appearance for R1.

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JUDGMENT

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Heard the learned counsel on either side.

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2.The claimant has filed this Civil Miscellaneous Appeal seeking enhancement of the compensation awarded by the Tribunal by order dated 08.11.2013 made in M.C.O.P No.168 of 2012 on the file of the Motor Accidents Claims Tribunal / Additional Sub Court, Karur.

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3.The accident in question took place on 05.02.2012. The claimant has suffered serious skull injuries. But, the Tribunal https://hcservices.ecourts.gov.in/hcservices/ awarded a sum of Rs.6,63,000/- as compensation. It awarded only a sum of Rs.20,000/- towards pain and sufferings. It can be enhanced to a sum of Rs.70,000/-. For future medical expenses,

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the Tribunal awarded only a sum of Rs.15,000/-. It can be enhanced to a sum of Rs.65,000/-. Therefore, the compensation payable to the claimant is enhanced from Rs.6,63,000/- to Rs.7,63,000/-.

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4.The award dated 08.11.2013 made in M.C.O.P No.168 of 2012 on the file of the Motor Accidents Claims Tribunal / Additional Sub Court, Karur is accordingly modified.

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5.The second respondent insurance company is directed to deposit the entire compensation amount with interest at the rate of 7.5% per annum from the date of petition till date of realization, and costs, within a period of eight weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. Thereafter, the insurance company is permitted to recover the said amount from the vehicle owner in the very proceedings by filing execution petition. On such deposit, the claimant is entitled to withdraw the same by filing proper application before the Tribunal, less the amount already withdrawn by her.

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6.The Civil Miscellaneous Appeal is partly allowed. No costs. Sd/Assistant Registrar(CS-III)

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/True Copy/

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Sub Assistant Registrar

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The Additional Subordinate Judge/ Motor Accidents Claims Tribunal, Karur.

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Copy to:

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The Record Keeper, Madurai Bench of Madras High Court, Madurai.

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+1CC to Mr.E.Ilango, Advocate, SR.No. 86221 +1CC to Mr.T.Selvakumaran, Advocate, SR.No. 85883

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C.M.A.(MD)No.697 of 2015 07.11.2017

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skm

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AM/KK/SAR 2/15.12.2017/2P/5C

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

P.Silambayee (Unsound) v. a.Shagayajuli

Case brief

What is this about?

What did the court decide?

P.Silambayee (Unsound) v. a.Shagayajuli

Case brief

What is this about?

What did the court decide?

What the court decided

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