The High Court enhanced the compensation awarded by the Motor Accident Claims Tribunal in a motor accident claim. The Court increased the disability percentage and awarded additional sums for pain and suffering, upping the total from Rs. 1,24,000 to Rs. 1,74,000.
Compensation enhanced by Rs. 50,000/- to a total of Rs. 1,74,000/- with interest at 7.5% p.a.
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.
C.M.A.No.1972 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.03.2022
CORAM
THE HONOURABLE MS. JUSTICE P.T.ASHA
C.M.A. No.1972 of 2019
Ravikumar
... Claimant/Appellant
Vs
... Respondents/Respondents.
PRAYER: Petition filed under Section 173 of Motor Vehicle Act, to against the order and decreetal order in MCOP No.517/2014 dated 16-10-2018 on the file of Motor Accident Claims Tribunal /Chief Judicial Magistrate, Perambalur.
For Petitioner : Mr. S.Kamdevan For Respondent : Mr. D.Raghu [R.1]
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JUDGEMENT
The claimant aggrieved by the quantum of compensation is the appellant herein. The challenge is to the award in M.C.O.P.No.517 of 2014 by the Motor Accident Claims Tribunal/Chief Judicial Magistrate Perambalur.
Rs.10,00,000/- for the injuries sustained by him in a road accident on 07.04.2014 involving the 1st respondent's bus. The claimant was a passenger in the said bus that was proceeding towards Tiruchy. The bus was driven in a rash and negligent manner by its driver as a result of this rash driving the driver has lost control over the vehicle and hence the bus crossed the center
median block and dashed on the diesel tank portion of the 2nd respondent's
goods vehicle which was insured with the 3rd respondent.
has approached the Tribunal. The 1st respondent had denied the fact that the
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accident was caused on account of its driver's rash and negligent driving, on
the contrary they would submit that the 2nd respondent lorry had come from the wrong direction and hit against the bus. Therefore, they would submit that it is the 2nd respondent who is responsible for the accident and is liable to compensate the appellant.
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compensation would be as follows:
| S.No | Description | Amount awarded by Tribunal (Rs) |
Amount awarded by this Court (Rs) |
Award confirmed or enhanced or granted or reduced |
|---|---|---|---|---|
| 1. | Injuries and disability sustained |
60,000/- | 1,00,000/- | Enhanced |
| 2. | Transportation charges |
10,000/- | 10,000/- | Confirmed |
| 3. | Pain and Sufferings | 20,000/- | 30,000/- | Enhanced |
| 4. | Extra nourishment | 10,000/- | 10,000/- | Confirmed |
| 5. | loss of income | 24,000/- | 24,000/- | Confirmed |
| TOTAL | 1,24,000/- | 1,74,000/- | Enhanced by Rs.50,000/- |
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awarded by the Tribunal, less, the amount, if any already deposited, within a period of six weeks from the date of receipt of a copy of this Judgement. On such deposit being made, the claimant is permitted to withdraw the amount now determined by this Court, along with interest and costs, after adjusting the amount if any already withdrawn. The claimant shall pay the court fee for the enhanced amount, if payable. The Trial Court shall not disburse the amount till such time as the certified copy showing proof of payment of the entire Court fee has been produced by the claimant. No costs.
17.03.2022
Index : Yes/No Internet : Yes/No Speaking / Non-Speaking shr
To 1.Motor Accident Claims Tribunal / Chief Judicial Magistrate, Perambalur.
P.T. ASHA, J,
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shr
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2 issues framed by the court
Whether the disability percentage and compensation awarded by the Tribunal were adequate considering the nature of injuries and impact on employment?
Whether the income used for calculating disability should be updated based on the year of the accident?
Ravikumar
The Managing Director, Tamil Nadu State Transport Corporation, Kumbakonam Ltd.
V.Sankaran
The New India Assurance Company Ltd.
P.T. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
