V.Amudha v. E.Balu
Case brief
What is this about?
In this quantum appeal regarding a motor accident, the High Court enhanced the compensation from Rs. 2,23,644 to Rs. 3,25,000. The increase was calculated based on higher disability percentage, addition of heads like pain and suffering, attender charges, and extra nourishment.
What did the court decide?
The appeal was partly allowed; the compensation award increased to Rs. 3,25,000, reduced to Rs. 9,000 under Loss of Earning, with interest at 7.5% per annum directed to be deposited by the respondent.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.07.2018
CORAM:
THE HONOURABLE MR.JUSTICE S.BASKARAN
C.M.A.No.3738 of 2012
V.Amudha ..Appellant/Petitioner Vs 1.E.Balu 2.The United India Insurance Co.Ltd., No.238, New Military Road Avadi, Chennai ..Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, against the order and decree dated 06.08.2012 made in M.C.O.P.No.212 of 2010 on the file of Motor Accident Claims Tribunal, Additional District Judge-II, Poonamallee.
For appellant : : Mr.J.Mahalingam For Respondents : : Mrs.R.SreeVidhya for R2. J U D G M E N T
The Appellant is the Petitioner/Claimant and fled the above appeal challenging the order and decree dated 06.08.2012 made in M.C.O.P.No.212 of 2010 on the file of Motor Accident Claims Tribunal, Additional District Judge-II, Poonamallee.
- For convenience sake, the parties are referred to hereunder according to their litigative status before the Tribunal. It is a case of injury. The averments in the claim petition filed by the Petitioner-V.Amudha is that on 14.12.2007 at about 10.00 a.m., as the Petitioner was travelling in a Motor cycle bearing Reg.No.TN-20-AP-1458 as pillion rider in Poonamallee High Road, Chennai, the lorry bearing Reg.No.TN-33L-2199 came at high speed, dashed on the two wheeler, causing grievous injuries to the Petitioner. The accident occurred only due to negligence of the Lorry driver. The said lorry belonged to the 1st respondent and the same was insured with the 2nd respondent. The Petitioner was aged 19 years and she was student at that time. The Petitioner suffered serious injuries
Issues for consideration
2 issues framed by the court
Whether the quantum of compensation awarded by the Motor Accident Claims Tribunal needs to be enhanced by this Court.
What compensation should be awarded for permanent disability, medical expenses, and loss of amenities.
Parties & counsel
- appellant
V. Amudha
- respondent
E. Balu
- respondent
The United India Insurance Co. Ltd.
Coram
Case details
As recorded by the court registry
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