The High Court enhanced the accident compensation awarded by the Tribunal from Rs.1,41,300 to Rs.1,70,300 under various heads including loss of amenities and monthly income, directing the insurer to deposit the amount with interest.
The award is enhanced from Rs.1,41,300/- to Rs.1,70,300/- to be deposited by the insurer with 7.5% interest.
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 19.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
CMA.No.2278 of 2012
Dhayalan
... Appellant/Claimant
Vs.
Thiruvannamalai Town and Dist.
... Respondents/ Respondents
Prayer: Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the decree and judgment 23.12.2011 passed in MCOP No.85 of 2010 by the Additional Subordinate Judge, Motor Accident Claims Tribunal, Thiruvannamalai.
For respondents : Mr.S.Krishnamoorty (for R2) No appearance for R1
Not satisfied with the quantum of compensation awarded by the Tribunal, the claimant is before this court to enhance the compensation.
Veterinary Hospital, Thiruvannamalai Town, a speedy Hero Honda bearing registration No. TN-32-D-5068 hit the motorcycle ridden by the claimant, thereby he sustained injuries. According to the claimant, the rash and negligent riding of the rider of the Hero Honda was the cause of accident, and since the first respondent insured his vehicle with the second respondent, both of them are liable to pay compensation to them.
| Sl No |
Heads | Amount in Rs. |
|---|---|---|
| 1 | Partial permanent disability 40 x 2000 |
80,000 |
| 2 | Loss of income for one month |
3,000 |
| 3 | Transportation charges | 3,000 |
| 4 | Extra Nourishment | 3,000 |
| 5 | Attender's charges | 3,000 |
| 6 | Medical bills | 39,300 |
| 7 | Pain and sufferings | 10,000 |
| Total | 1,41,300 |
Not satisfied with the quantum of compensation, the claimant has filed the present appeal for enhancement of compensation.
a sum of Rs.3000/- towards " Loss of income " for only one month. He further submitted that the claimant has sustained fracture on his left Tibia and also sustained injuries all over his body and has taken treatment in the Government Hospital, Thiruvannamalai and subsequently in the CMC Hospital Vellore and also in the private hospitals, but, without considering the above facts, the Tribunal has awarded a very meagre amount of Rs.10,000/- towards " Pain and sufferings" and not awarded any amount towards " Mental agony ", " Future medical bills" and " Loss of amenities". He also submitted that the compensation awarded under the other heads also very meagre and therefore, he prayed for enhancement of compensation.
(i) Whether the compensation awarded by the
Tribunal has to be enhanced.?
The claimant has stated in the claim petition that he was doing rice business and was earning a sum of Rs.6,000/- per month and inview of the disablement suffered by the claimant in the accident, he is not able to do work as done earlier. However, there is no proof of income. Therefore, by considering the age of the claimant and the year of accident, monthly income of the claimant is fixed at Rs.4,000/- and awarded a sum of Rs.12,000/- towards " Loss of income during treatment period" for three months. The Tribunal has awarded a sum of Rs.3,000/each towards " Transportation charges", " Extra Nourishment" and " Attender Charges". Considering the nature of the injuries and the fracture sustained by the claimant, the same are enhanced to Rs.5,000/- each and Rs.4,000/- respectively. Besides, the Tribunal has awarded a sum of Rs.10,000/- towards " Pain and sufferings", which is very meagre and is enhanced to Rs.15,000/-. The Tribunal has not awarded any amounts towards " Loss of Amenities" and hence, a sum of Rs.10,000/- is awarded under the above said head. In so far as the amount awarded under the heads " Medical Bills" and " Permanent disability " is concerned, this court is of the view that it does not warrant any interference by this court. Accordingly, the modified compensation awarded by this court under various are extracted hereunder.
| Sl.N o |
Heads | Compensation Awarded by the Tribunal |
Compensation enhanced/ Awarded by this court |
|---|---|---|---|
| 1 | Partial permanent disability (40 x 2000) |
80,000 | 80,000 |
| 2 | Loss of income during the treatment period for three months |
3,000 | 12,000 (4000x3) |
| 3 | Transportation charges | 3,000 | 5,000 |
| 4 | Extra Nourishment | 3,000 | 5,000 |
| 5 | Attender's charges | 3,000 | 4,000 |
| 6 | Medical bills | 39,300 | 39,300 |
| 7 | Pain and sufferings | 10,000 | 15,000 |
| Loss of amenities | - | 10,000 | |
| Total | 1,41,300 | 1,70,300 |
This amount shall carry interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit.
(i) The Civil Miscellaneous Appeal is partly allowed and the award passed by the Tribunal is enhanced from 1,41,300/- to Rs.1,70,300/-. No costs.
(ii) The second respondent/insurance company is directed to deposit the enhanced compensation of Rs.1,70,300/with interest at the rate of 7.5.% p.a. from the date of claim petition till the date of deposit, less the amount if already deposited, within a period of eight weeks from the date of receipt of a copy of this order.
(iii) On such deposit being made by the insurance company, the claimant is entitled to withdraw the same, after following due process of law.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
mst
To
The Additional Subordinate Judge, Motor Accident Claims Tribunal, Thiruvannamalai. +1cc to M/s.M.Malar, Advocate Sr No.10024 CMA. No.2278 of 2012 GP (CO) PR (28/09/2021)
1 issue framed by the court
Whether the compensation awarded by the Tribunal warrants enhancement?
1 provisions across 1 enactments
Dhayalan
Ramachandran
The Branch Manager, The Oriental Insurance Co. Ltd.
D.Krishnakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
