The single judge enhanced the compensation awarded in a minor motor accident case. The court increased the award to Rs.1,00,000/- by modifying amounts for permanent partial disability, pain and suffering, and future treatment.
Enhancement of compensation to Rs.1,00,000/- payable by the respondent Insurance Company with interest at 7.5% p.a.
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
JUDGMENT RESERVED ON : 07.09.2018
JUDGMENT PRONOUNCED ON : 12.11.2018
CORAM:
THE HONOURABLE MR. JUSTICE R. PONGIAPPAN
Civil Miscellaneous Appeal No.1364 of 2011
Minor Malli @ Malliga
rep-by her guardian father
Sankar .....Appellant /Petitioner
Vs
1.Chairman,
Kuppusamy Memorial Educational Trust,
SKP engineering College,
No.190, Chengam Road,
Tiruvannamalai.
2.Divisional Manager,
United India Insurance Company Ltd.,
No.46, Katpadi Road,
Vellore. .....Respondents/Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 18.01.2010 made in M.C.O.P. No. 40 of 2006 on the file of the Motor Accident Claims Tribunal (Principal Sub Judge) Tiruvannamalai.
Aggrieved over the award passed by the Motor Accident Claims Tribunal (Principal Subordinate Judge), Thiruvannamalai. In M.C.O.P.No. 40 of 2006 dated 18.01.2010, the appellant who is the claimant filed this Civil Miscellaneous Appeal seeking the relief of enhancing the compensation awarded by the tribunal.
The case of the petitioner is as follows:
injuries sustained by the minor girl and about the permanent disability suffered by the petitioner awarded a meager amount as a compensation. The tribunal has not awarded any amount under various heads. On the other hand, the learned counsel appearing for the respondent would contend that the tribunal correctly appreciated the evidence and awarded a just compensation. According to him, the compensation determined by the claim tribunal is found correct.
| SL.NO PARTICULARS Awarded by the Claim Tribunal |
Awarded by this Court |
|---|---|
| AMOUNT | (IN.RS) |
| 1. Towards permanent partial disability 25% at the rate of Rs.2000/- 67,500.00 |
50,000.00 |
| 2. Towards pain and sufferings 1,500.00 |
15,000.00 |
| 3. Towards Transportation 3,000.00 |
5,000.00 |
| 4. Towards extra nourishment |
10,000.00 - |
| 5. Other Medical Expenses 6. Towards loss of amenities |
5,000.00 |
| 7. Towards Loss of amenities - |
5,000.00 |
| 8. Future Treatment - |
10,000.00 |
| Total 72,000.00 |
1,00,000.00 |
| 9 ) Hence, the compensation arrived at by the is modified to the extent of Rs.1,00,000/- interest awarded by the Claim Tribunal 7.5% unaltered. The 2 nd respondent Insurance Company |
Claims Tribunal . The rate of per annum is is directed to |
| pay the entire award amount along with interest deducting the amount already deposited, within a weeks from the date of receipt of a copy of th such deposit being made, after collecting the Co enhanced compensation, the Tribunal is directed |
and costs after period of four is Judgment. On urt fee for the to transfer the |
| said amount to the Bank account of the ap RTGS/NEFT within a period of one week. |
pellant through |
Sub Assistant Registrar
sbn
2 issues framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal should be enhanced on appeal.
Whether the disability percentage and heads of compensation require modification.
1 provisions across 1 enactments
Minor Malli @ Malligar rep by her guardian father Sankar
Chairman, Kuppusamy Memorial Educational Trust, SKP engineering College
Divisional Manager, United India Insurance Company Ltd.
R. Pongippann
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
