Civil Miscellaneous Appeal to enhance compensation in a motor accident case. The court increased disability from 30% to 50% and enhanced total compensation from Rs. 1,39,047 to Rs. 2,06,000 with interest.
Compensation enhanced to Rs. 2,06,000 with 7.5% interest payable by the insurance company within eight 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 16.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
CMA.No.910 of 2014
Sham @ Soundar
Vs.
Mumbai-51. ... Respondents/Respondents
This Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the decree and judgment dated 21.12.2011 passed in M.C.O.P.No.362 of 2009 by the Additional Special Judge, Motor Accident Claims Tribunal, Krishnagiri
For Appellant : Mr.Mukund R. Pandiyan
For I respondent : No appearance For II respondent : Mrs. R.Sreevidhya
J U D G M E N T
Not satisfied with the quantum of compensation awarded by the Tribunal, the claimant is before this court to enhance the compensation.
| Sl No |
Heads | Amount in Rs. |
|---|---|---|
| 1 | Future loss of income | 60,000 |
| 2 | Partial loss of income | 13,500 |
| 3 | Medical Bills | 42,547 |
| 4 | Nutritious Food | 3,000 |
| 5 | Pain and sufferings | 10,000 |
| 6 | Loss of amenities | 10,000 |
| 7 | Total | 1,39,047 |
Not satisfied with the quantum of compensation, the claimant has filed the present appeal for enhancement of compensation.
(i) Whether the compensation awarded by the Tribunal has to be enhanced.?
After the arguments advanced by both the counsels and after discussion, the learned counsel appearing for the appellant submitted that the disability suffered by the claimant may be fixed at 50%. The learned counsel appearing for the insurance company has also submitted that the above said percentage can be fixed by this court.
| Sl. No |
Heads | Compensation Awarded by the Tribunal |
Compensation enhanced/ Awarded by this court |
|---|---|---|---|
| 1 | Future loss of income |
60,000 | 1,00,000 |
| 2 | Loss of income | 13,500 | 13,500 |
| 3 | Medical Bills | 42,547 | 42,547 |
| 4 | Nutritious Food | 3000 | 5,000 |
| 5 | Pain and sufferings | 10,000 | 20,000 |
| 6 | Loss of amenities | 10,000 | 15,000 |
| 7 | Attender's charges | - | 10,000 |
| Total | 1,39,047 | 2,06 ,047 | |
| Rounded off to | 2,06,000 |
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 1,39,047/- to Rs.2,06,000/-. No costs.
(ii) The second respondent/insurance company is directed to deposit the enhanced compensation of Rs.2,06,000/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 https://hcservices.ecourts.gov.in/hcservices/
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 (CS-V)
//True Copy//
Sub Assistant Registrar
mst
To
The Additional Special Judge, Motor Accident Claims Tribunal, Krishnagiri.
+1cc to Mr.Mukund R.Pandian, Advocate, S.R.No. 9707 +1cc to Mr.R.Sreevidhya, Advocate, S.R.No. 9698
CMA. No.910 of 2014
CP(CO) GN(13/09/2021)
2 issues framed by the court
Whether the compensation awarded by the Tribunal should be enhanced given the appellant's grievance regarding the disability assessment.
What extent of disability is appropriate to assess for calculating future loss of income and general damages.
2 provisions across 1 enactments
Sham @ Soundar
K.N. Balasubramanian
ICICI Lombard General Insurance Co. Ltd.
D. Krishnakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
