The High Court partially allowed an appeal against a Motor Accident Claims Tribunal award, enhancing compensation from Rs.92,000 to Rs.1,64,000. The Court increased disability compensation and added awards for loss of income, transportation, and attender charges.
Award enhanced to Rs.1,64,000 with 7.5% annual interest; deposit directed 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: 19.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
C.M.A.No.1005 of 2013
Amarnath
... Appellant/Claimant
Versus
2, Church Street, Karaikal. ... Respondents/Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the order and decree dated 06.02.2012 made in M.A.C.T.O.P.No.82 of 2011 on the file of the Motor Accident Claims Tribunal, District Court, Karaikal.
For Appellant : Mr.S.sounthar
J U D G M E N T
This appeal is laid as against the judgment and decree dated 06.02.2012 made in M.A.C.T.O.P.No.82 of 2011 on the file of the Motor Accident Claims Tribunal, District Court, Karaikal, thereby awarded the compensation to the tune of Rs.2,42,000/-
vendor at Nehur Market, Karaikal, and he is earning a sum of Rs.500/- per day. Due to the injuries sustained by him, he could not continue his avocation, since his disability assessed at 85%. Therefore, the claimant filed claim petition seeking compensation at Rs.3,00,000/-.
appellant/claimant and Mr.S.Arunkumar, learned counsel appearing for the second respondent.
in motor cycle on 17.03.2011. The first respondent had suddenly applied brake and due to which the claimant fell down from the vehicle and sustained head injury, fracture in right humerus and right femur. He was admitted in General Hospital, Karaikal on 17.03.2011 and thereafter he was shifted and admitted in Jipmer Hospital, Puducherry and he was as inpatient till 28.03.20211. The claimant sustained grievous injuries as he has suffered multiple fractures at right humerus and right femur. He was taking treatment as inpatient for more than 11 days.
| Sl.No | Heads | Awarded by the | Awarded by this |
|---|---|---|---|
| Tribunal | Court | ||
| 1 | Permanent disability | 60,000 | 1,20,000 |
| 2 | Pain and suffering | 25,000 | 25,000 |
| 3 | Extra nourishment | 5,000 | 5,000 |
| Sl.No | Heads | Awarded by the Tribunal |
Awarded by this Court |
|---|---|---|---|
| 4 | Loss of income for two months |
2,000 | 4,000 |
| 5 | Transportation charges |
Nil | 5,000 |
| 6 | Attender charges | Nil | 5,000 |
| Total | 92,000 | 1,64,000 |
(i) The award passed by the Tribunal is enhanced from Rs.92,000/- to Rs.1,64,000/-.
(ii) The award amount will carry the interest at the rate of 7.5% per annum from the date of the claim petition till the date of deposit.
(iii) The second respondent is directed to deposit the award amount, less the amount, if any, already deposited, along with accrued interest within a period of six weeks from the date of receipt of copy of this Judgment.
(iv) On such deposit, the claimant is permitted to withdraw the amount awarded by filing proper application before the Tribunal.
(v) The claimant shall pay requisite Court fee before the receipt of the copy of the judgment for the enhanced compensation.
(vi) There shall be no order as to costs.
Sd/-
Assistant Registrar(CJ CONF) //True Copy//
Sub Assistant Registrar
rts
To
+1CC to Mr.S.Sounthar, Advocate, Sr.No.23937 +1CC to Mr.S.Arunkumar, Advocate, Sr.No.23741
C.M.A.No.1005 of 2013
CNR (CO) K.RK. (28.10.2021)
3 issues framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal should be enhanced due to insufficient quantum and lack of specific heads like transportation and attender charges.
Whether to increase the multiplier rate for permanent disability and award compensation for loss of income.
Whether interest and execution directions are required for the enhanced award.
Amarnath
Manobalan
United India Insurance Company Limited
G.K. Ilanthiraiyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
