Allowed

Udayaraj v. a.Vijay

Madras HC3 Aug 2021CMA/1727/2020

Case brief

AI extract

What is this about?

This civil miscellaneous appeal sought enhancement of compensation awarded in a motor accident dispute. The High Court modified the tribunal's award, enhancing damages for pain and suffering, disability, and granting new heads of claim including future medical expenses and loss of amenities, raising the total from Rs. 4,73,500 to Rs. 6,48,500.

What did the court decide?

Compensation enhanced from Rs. 4,73,500 to Rs. 6,48,500 with interest at 7.5% per annum; insurance company directed to deposit the enhanced amount.

Udayaraj Vs a.Vijay — Motor Accident Claims | Madras HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03.08.2021

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CORAM:

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THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

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C.M.A.NO.1727 OF 2020

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Udayaraj

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.. Appellant/Petitioner

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Vs.

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1. Dr.A.Vijay

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2. Rep by its Manager,
 M/s.Future General Insurance Co. Ltd.,
 2nd Floor, Srivari Shopping Mall,
 No.2/9, New Bus Stand, Main Road,
 Near ARRS Multiplex,
 Salem – 636 004.

¶11

.. Respondents/Respondents

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Prayer: This Civil Miscellaneous Appeal is filed under Section
173 of the Motor Vehicles Act, 1988, against the Judgment and
Decree in M.C.O.P. No.228 of 2017 dated 12.12.2019 on the file
of Motor Accident Claims Tribunal (Chief Judicial Magistrate
Court), Perambalur.

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For Appellant : Mr.P.Mani

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For Respondent-2 : Mr.M.B.Raghavan
For Respondent-1 : No Appearance

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JUDGMENT

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This Civil Miscellaneous Appeal has been filed for
enhancement of compensation granted by the award dated
12.12.2019 made in M.C.O.P.No.228 of 2017 on the file of the
Motor Accident Claims Tribunal (Chief Judicial Magistrate
Court), Perambalur.

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

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2. The appellant is the claimant in M.C.O.P.No.228 of
2017 on the file of the Motor Accident Claims Tribunal, Chief
Judicial Magistrate Court, Perambalur. He filed the above said
claim petition, claiming a sum of Rs.15,00,000/- as compensation
on account of the injuries sustained by him in the accident that
took place on 27.11.2016.

¶19

3. The Tribunal considering the pleadings, oral and
documentary evidence, held that the accident occurred due to
rash and negligent driving of the driver of the Car bearing
registration No.TN-30 BD-2743, who is the first respondent
herein and directed the 2nd respondent-Insurance Company to pay
a sum of Rs.4,73,500/- as compensation to the appellant.

¶20

4. Not being satisfied with the amounts awarded by the
Tribunal, the appellant has come out with the present appeal
seeking enhancement of compensation.

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5. The learned counsel appearing for the appellant
contended that the Claims Tribunal had not awarded any
compensation towards loss of amenities, Attendant charges and
future medical expenses by considering the fact that the
claimant cannot walk as before and underwent two operations at
his left leg and right thigh. He further submitted that the
amount of compensation awarded towards other heads are also very
low and hence prayed for enhancement of compensation.

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6. The learned counsel appearing for the 2nd respondent-
Insurance Company submitted that the Claims Tribunal on
considering the oral and documentary evidence has rightly
awarded the compensation and therefore the same need not be
interefered with.

¶23

7. Heard the learned counsel appearing for the appellant
as well as the learned counsel appearing for the 2nd respondent-
Insurance Company and perused the entire materials on record.

¶24

8. It is the case of the appellant that the Claims
Tribunal has not granted compensation towards Loss of Amenities,
Attendent charges and Future Medical Expenses.

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9. Considering the nature of injury sustained by the
appellant/claimant, the Tribunal has fixed the disability as 40%

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

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and awarded a sum of Rs.1,20,000/- by taking Rs.3,000/- per
disability under the said head. Considering the age and the fact
that the appellant is an Engineering Graduate, this Court is
inclined to enhance the amount to Rs.5,000/- per disability.
Moreover, it is observed that the appellant had marked Ex.P10-
Letter from the hospital to prove the future medical expenses
and considering the same a sum of Rs.50,000/- is awarded towards
Future Medical Expenses. Further, by considering the nature of
injuries sustained by the appellant/claimant a sum of
Rs.15,000/- is awarded towards Loss of Amenities and a sum of
Rs.25,000/- is awarded towards attender charges. The
compensation with respect to Pain and sufferings is enhanced to
Rs.15,000/-.

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10. The amounts awarded by the Tribunal under other heads
are just and reasonable and hence, the same are hereby
confirmed. Thus, the compensation awarded by the Tribunal is
modified as follows:

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`S.`	`Description`	`Amount`	`Amount`	`Award`
`No`		`awarded by` `Tribunal` `(Rs)`	`awarded by` `this Court` `(Rs)`	`confirmed or` `enhanced or` `granted`
`1.`	`Pain` `and` `sufferings`	`10,000/-`	`15,000/-`	`Enhanced`
`2.`	`Nutrition` `and` `Transport charges`	`12,500/-`	`12,500/-`	`Confirmed`
`3.`	`Mental agony`	`10,000/-`	`10,000/-`	`Confirmed`
`4.`	`Medical Expenses`	`3,21,000/-`	`3,21,000/-`	`Confirmed`
`5.`	`Permanent` `Disability & Loss` `of Earning Power`	`1,20,000/-` `(Rs.3,000 x` `40)`	`2,00,000/-` `(Rs.5,000 x` `40)`	`Enhanced`
`6.`	`Loss of amenities`	`Nil`	`15,000/-`	`Granted`
`7.`	`Attender charges`	`Nil`	`25,000/-`	`Granted`
`8.`	`Future` `Medical` `Expenses`	`Nil`	`50,000/-`	`Granted`
	`Total`	`Rs.4,73,500/-`	`Rs.6,48,500/-`	`Enhanced by` `Rs.1,75,000/-`

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

¶31

11. In the result, this Civil Miscellaneous Appeal is
allowed and the compensation awarded by the Tribunal at
Rs.4,73,500/- is hereby enhanced to Rs.6,48,500/- together with
interest at the rate of 7.5% per annum from the date of claim
petition till the date of deposit. The 2nd respondent-Insurance
Company is directed to deposit the award amount now determined
by this Court, along with interest and costs, less the amount
already deposited, if any, within a period of eight weeks from
the date of receipt of a copy of this judgment to the credit of
M.C.O.P.No.228 of 2017 on the file of the Motor Accident Claims
Tribunal, (Chief Judicial Magistrate Court), Perambalur. On such
deposit being made, the Tribunal is directed to transfer the
Award amount directly to the Bank account of the
Appellant/Claimant through RTGS, within a period of two weeks.
The appellant is directed to pay the necessary Court fee, if
any, on the enhanced compensation. No costs.

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Sd/-

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Assistant Registrar

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// True Copy //

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Sub Assistant Registrar

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rsi

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To

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 The Chief Judicial Magistrate,
 The Motor Accident Claims Tribunal,
 Perambalur.

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Copy To
 The Section Officer,
 VR Section,
 High Court,
 Madras.
+1cc to Mr.P.Mani, Advocate, S.R.No.38431

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C.M.A.No.1727 of 2020

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AJS(CO)
RLP(21/10/2021)

¶42

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

Udayaraj v. a.Vijay

Case brief

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Udayaraj v. a.Vijay

Case brief

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