Held that the Tribunal under-valued disability compensation by applying Rs.2000 per percent. Taken up disabilities and other elements, the Court enhanced compensation from Rs.1,72,500 to Rs.2,15,700 and directed deposit by the insurance company.
Award modified enhancing compensation from Rs.1,72,500 to Rs.2,15,700.
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.2594 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.12.2022
CORAM
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
C.M.A.No.2594 of 2014
Suresh ... Appellant
Vs.
1.G.Raja Bahadur (R1 was set exparte before the Tribunal) 2.The Oriental Insurance Co. Ltd., No.115, Prakasam Salai Chennai-600 002. ... Respondents
The Civil Miscellaneous Appeal is preferred under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 09.07.2013 passed in MCOP.No.4548 of 2011 on the file of the IV Judge, Small Causes Court (Motor Accident Claims Tribunal), Chennai.
For Appellant : Mr. K.Vasanthamala For Mr.UM.Ravichandran For Respondents : R1 - Set Exparte Mr.M.J.Vijayaraghavan for R2
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J U D G M E N T
The Civil Miscellaneous Appeal on hand is preferred against the judgment and decree dated 09.07.2013 passed in M.C.O.P.No.4548 of 2011
on the file of the Motor Accident Claims Tribunal/IV Judge, Small Causes
Court, Chennai.
compensation awarded by the Tribunal under the impugned award, has preferred this appeal seeking for enhancement.
award, has awarded a compensation of Rs.1,72,500/- together with interest
and costs to the Appellant/claimant which is detailed hereunder:
| Heads | Award Amount |
|---|---|
| (Rs.) | |
| Loss of earning | 15,000/- |
| Transport to Hospital | 7,000/- |
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| Heads | Award Amount (Rs.) |
|---|---|
| Extra Nourishment | 10,000/- |
| Pain and suffering | 25,000/- |
| Disability of 45% at | 90,000/- |
| Rs.2000/- per percentage | |
| Total | 1,47,000/- |
| 90% of the award amount (i.e Rs.1,47,000) |
1,32,300/- |
| +Medical Expenses | 40,200/- |
| Total | 1,72,500/- |
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enhanced.
by fixing a sum of Rs.2,000/- for one percentage and the same is to be enhanced.
not so grave . Therefore, the Tribunal has awarded a reasonable compensation and there is no error as such. Thus, the award given by the Tribunal is to be confirmed and the appeal is to be dismissed.
appellant/claimant was aged about 25 years at the time of the accident. The doctor assessed the disability at 75%. However, the Tribunal has rightly reduced the same and has assessed the disability at 45%, after considering the multiple injuries sustained by the petitioner. Due to the accident, he was 6/11
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unable to perform his routine duties in a normal manner. He had taken treatment at Sri Ramchandra Medical Centre, Chennai as seen from the exhibit P12 discharge summary. The appellant/claimant being a Call Driver, undoubtedly the injuries would have caused the disability, loss of income and he would be incapacitated to some extent from performing his normal duties. This apart, the accident occurred in the year 2011. Thus, fixing a sum of Rs.2,000/- for 1% disability is inadequate. Therefore, this Court is inclined to enhance the disability compensation by fixing a sum of Rs.3000/- for 1%. Insofar as the compensation awarded by the Tribunal towards "Transport to Hospital" during the period of treatment at Rs.7,000/- is concerned, the same is low in the considered view of this Court. Hence, the compensation awarded under the head "Transport to Hospital" is enhanced to Rs.10,000/- instead of Rs.7,000/-.
C.M.A.No.2594 of 2014
considered opinion that since the violation of road traffic rules by the petitioner vehicle is also the cause for the accident, the Tribunal has rightly fixed the contributory negligence on the part of the petitioner at 10%.
| Heads | Amount awarded by the Tribunal |
Award Amount (Rs.) |
|---|---|---|
| Loss of Earning | 15,000/- | 15,000/- |
| Transport to Hospital | 7,000/- | 10,000/- |
| Extra Nourishment | 10,000/- | 10,000/- |
| Pain and Suffering | 25,000/- | 25,000/- |
| Disability at 45% | 90,000/- (Rs.2000/- per percentage) |
1,35,000/- (Rs.3000/- per percentage) |
| Total | 1,47,000/- | 1,95,000/- |
| 90% Award amount | 1,32,300/- | 1,75,500/- |
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| Heads | Amount | Award Amount |
|---|---|---|
| awarded by | (Rs.) | |
| the Tribunal | ||
| + Medical Expenses | 40,200/- | 40,200/- |
| Total | 1,72,500/- | 2,15,700/- |
Conclusion:
(ii) The Award of the Tribunal is modified enhancing the compensation amount from Rs.1,72,500/- to Rs.2,15,700/-. The said amount shall carry the same rate of interest as awarded by the Tribunal, namley, 7.5% per annum.
(iii) The second Respondent/Insurance Company is directed to deposit the modified amount i.e, Rs.2,15,700 /- along with interest and costs, after deducting the amount already deposited, if any, to the credit of MACTOP.No.4548 of 2011 within a period of four weeks from the date of receipt of a copy of this judgement.
(iv) On such deposit being made, the Tribunal is directed to
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transfer the award amount along with accrued interest as per the order of this Court to the Appellant/claimant through RTGS within a period of two weeks thereafter. No costs.
Index : Yes/No Speaking Order/Non-Speaking Order uma
19.12.2022 (2/2)
To
A.A.NAKKIRAN, J.
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uma
C.M.A.No.2594 of 2014
(2/2)
19.12.2022
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2 issues framed by the court
Whether the quantum of compensation awarded by the Motor Accident Claims Tribunal should be enhanced considering the disability percentage and transport costs.
Whether the Tribunal erred in assessing contributory negligence and fixing the disability percentage.
2 provisions across 2 enactments
Suresh
R1
The Oriental Insurance Co. Ltd.
A.A.Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
