The High Court enhanced the motor accident compensation award by Rs.30,000 for attender charges and future loss of income, confirming the Tribunal's quantum for other heads, totaling Rs.1,85,155 with statutory interest.
Enhanced compensation award to Rs. 185,155/- with interest at 7.5% per annum to be deposited by the respondents.
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.
CMA.No.3095 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.09.2022
CORAM
THE HONOURABLE MS. JUSTICE P.T.ASHA
CMA.No.3095 of 2013
and
C.M.P.No.1 of 2013
R.Thangapandian
... Appellant/Petitioner
Vs.
1.R.Bhiju Vijay
2.National Insurance Company Ltd., No.751, Mount Road, Chennai - 600002 ... Respondents/ Respondents
PRAYER : Appeal filed under Section 173 of the Motor Vehicle Act, 1988,
against the Judgement and Decree dated 06.07.2010 and made in MCOP
No.2216 of 2005 on the file of the Motor Accidents Claims Tribunal, III
Small Causes Court, Chennai.
For Petitioner : M/s.P.D.Selvaraj
For Respondents : Mr.S.Vadivel [R.2] : No appearance [R.1]
1/8
CMA.No.3095 of 2013
JUDGEMENT
The claimant is the appellant before this Court seeking an enhancement
of the award passed by the Motor Accidents Claims Tribunal, III Small
Causes Court, Chennai in MCOP No.2216 of 2005.
"Fracture of Left Temporal bone fusure with Right frontol Temporal Parietal Thin soft with Fracture of Right
humerus and multiple injuries in all over the bodies"
Therefore, he had come forward with the above claim petition.
CMA.No.3095 of 2013
it was the 2nd respondent/ insurance company that had contested the case.
The main defence was that the petitioner had suddenly crossed the road as a result of which the accident had taken place and therefore, negligence should also be apportioned on the petitioner. That apart, the insurance company had contended that the claim was rather excessive.
on account of the negligence of the driver of the 1st respondent vehicle had
awarded a total sum of Rs.1,55,155/- under the following heads.
| Sr.No. | Heads | Amounts |
|---|---|---|
| 1. | Loss of income for 3 moths at the rate of Rs.4000/- p.m |
Rs.12,000/- |
| 2. | Transportation | Rs.5,000/- |
| 3. | Extra Nourishment | Rs.5,000/- |
| 4. | Medical expenses | Rs.8,155/- |
| 5. | Pain and suffering | Rs.15,000/- |
| 6. | Disability of 55% at the rate of Rs.2,000/- per disability |
Rs.1,10,000/- |
| Total | Rs.1,55,155/- |
Aggrieved by the fact that the compensation is rather low, the appellant is
before this Court.
3/8
CMA.No.3095 of 2013
4/8
CMA.No.3095 of 2013
insurance company would submit that the disability certificates Ex.P.12 and Ex.P.14 cannot be relied upon since they run contrary to the discharge summaries Ex.P.1 and Ex.P.2. He would seek to sustain the award passed by the Tribunal below.
5/8
CMA.No.3095 of 2013
herein below:-
| **S.No ** | Description | Amount awarded Tribunal (Rs) |
by | Amount awarded this Court (Rs) |
by | Award confir or enhanced granted reduced |
med or or |
|---|---|---|---|---|---|---|---|
| 1. | Loss of income for 3 moths at the rate of Rs.4000/- p.m |
12,000/- | 12,000/- | Confirmed | |||
| 2. | Transportation | 5,000/- | 5,000/- | Confirmed | |||
| 3. | Extra Nourishment | 5,000/- | 5,000/- | Confirmed | |||
| 4. | Medical expenses | 8,155/- | 8,155/- | Confirmed | |||
| 5. | Pain and suffering | 15,000/- | 15,000/- | Confirmed | |||
| 6. | Disability of 55% at the rate of Rs.2,000/- per disability |
1,10,000/- | 1,10,000/- | Confirmed | |||
| 7. | Loss of attender charges | -- | 10,000/- | Granted | |||
| 8. | Loss of income | -- | 20,000/- | Granted | |||
| TOTAL | 1,55,155/- | 185,155/- | enhanced Rs.30,000/- |
by |
and the award of the Tribunal be and hereby is enhanced to a sum of Rs. 185,155 /- from Rs. 1,55,155/- together with interest @ 7.5 % per annum from the date of petition till the date of deposit. In all other respects the award of the Tribunal is confirmed. The 2nd respondent/insurance company is directed to deposit the said amount (Rs. 185,155 /-) to the credit of MCOP No.2216 of 2005 on the file of the Motor Accidents Claims Tribunal, III Small Causes Court, Chennai, together with interest @ 7.5% per annum from
6/8
CMA.No.3095 of 2013
the date of claim petition till the date of deposit and costs as 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 petitioner is permitted to withdraw the award 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 Tribunal shall not disburse of the amount till such time as the certified copy showing proof of entire payment of Court fee has been produced. No costs. Consequently, the connected Miscellaneous Petition is closed.
29.09.2022
Index : Yes/No Internet: Yes/No shr
To
2.The Section Officer, V.R.Section, High Court, Madras.
7/8
CMA.No.3095 of 2013
P.T. ASHA, J,
shr
CMA.Nos.3095 of 2013 and M.P.No.1 of 2013
29.09.2022
1 issue framed by the court
Whether the compensation awarded by the Tribunal should be enhanced.
1 provisions across 1 enactments
R.Thangapandian
R.Bhiju Vijay
National Insurance Company Ltd.
P.T. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
