The High Court allowed the Civil Miscellaneous Appeal partly and enhanced the compensation awarded to the claimant in a motor accident case from Rs.1,03,200 to Rs.1,46,701, directing the insurance company to deposit the enhanced amount.
Compensation enhanced from Rs.1,03,200 to Rs.1,46,701; Second respondent directed to deposit enhanced amount with interest.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.09.2019
CORAM:
THE HONOURABLE MRS. JUSTICE R. HEMALATHA
CMA.No.528 of 2009
C.Rajasekaran ...Appellant/Petitioner
.Vs.
1.S.Lawrence 2.IFFCO-TOKIO General Insurance Co. Ltd., Tulsi Chambers 3rd Floor, 195 TV Swamy road,
R.S.Puram, Coimbatore 641 002. ...Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the decree and Judgment dated 26.11.2008 passed in MCOP.No.456 of 2007 on the file of the Motor Accident Claims Tribunal / Principal District Court, Perambalur.
For Appellant : Mrs.C.Sangamithirai
For Respondents : Mr.J.Michael Viswasam for R2
No appearance for R1 R1-Exparte
JUDGMENT
The appellant is the claimant in MCOP.No.456 of 2007 on the file of the Motor Accidents Claims Tribunal / Principal District Court, Perambalur. He filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 praying to award a compensation of Rs.4,00,000/- for the injuries sustained by him in a road accident that took place on 20.09.2006.
rider of the motorcycle bearing Registration No. TN 49 B 0648 was the cause of the accident and that since the same was insured with the second respondent, IFFCO-TOKIO General Insurance Company Limited, both of them are jointly and severally liable to pay a sum of Rs.4,00,000/- to him.
4.Mrs.C.Sangamithirai, learned counsel appearing for the appellant/ claimant would contend that though the claimant had sustained a fracture of bone in his right ankle and right leg, the Tribunal has awarded a meagre amount of compensation to him. She would further contend that no amounts were awarded under the heads "pain and sufferings" and "extra nourishment".
| S.No. | Head | Amount granted | ||
|---|---|---|---|---|
| 1. | Partial | Permanent | Rs.74,000/- | |
| disability |
| S.No. | Head | Amount granted |
|---|---|---|
| 2. | Pain and sufferings and mental agony |
Rs.10,000/- |
| 3. | Transportation | Rs.5,000/- |
| 4. | Extra nourishment | Rs.5,000/- |
| 5. | Medical expenses | Rs.50,201/- |
| 6. | Attender's charges | Rs.2,000/- |
| 7. | Damage to clothes | Rs.500/- |
| Total | Rs.1,46,701/- |
7. Thus, the compensation awarded by the Tribunal is enhanced from Rs. 1,03,200/ - to Rs.1,46,701/- which would carry interest at the rate of 7.5% per annum.
8. In the result, (i) The Civil Miscellaneous Appeal is partly allowed. No costs. (ii) The compensation awarded by the Tribunal is enhanced from Rs. 1,03,200/ - to Rs.1,46,701/-. (iii) The appellant / claimant is directed to pay the court fee for the enhanced compensation amount, if any, and the Registry is directed to draft the decree only after the receipt of Court fee.
(iv) The second respondent, IFFCO-TOKIO General Insurance Company Limited is directed to deposit the enhanced compensation amount i.e., Rs.1,46,701/- (less the amount already deposited) together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit to the credit of MCOP.No. 456 of 2007 on the file of the Motor Accident Claims Tribunal / Principal District Court, Perambalur within a period of four weeks from the date of receipt of a copy of this order.
(v) On such deposit being made, the appellant / claimant is at liberty to withdraw the same after following due process of law.
Sd/Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
To The Motor Accidents Claims Tribunal, The Principal District Court, Perambalur. Copy to The Section Officer, VR Section, High Court, Madras. +1cc to Mr.J.Michael Visuvasam, Advocate Sr.77247 +1cc to Mrs.C.Sangamithirai, Advocate Sr.77101 CMA.No.528 of 2009 ca[co] srg 05/06/2020
2 issues framed by the court
Whether the quantum of compensation awarded by the Motor Accident Claims Tribunal should be enhanced.
Whether amounts for pain and sufferings and extra nourishment should be included in the enhanced compensation.
2 provisions across 1 enactments
C.Rajasekaran
S.Lawrence
IFFCO-TOKIO General Insurance Co. Ltd.
R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
