The High Court allowed the appeal partly, enhancing the compensation awarded for pain and suffering and extra nourishment while confirming the disability award, increasing the total by Rs. 60,000.
Compensation enhanced from Rs. 2,28,175 to Rs. 2,88,175; interim payment reduced to six 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.
C.M.A. No. 1678 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.10.2023
CORAM:
THE HONOURABLE MR. JUSTICE K.RAJASEKAR
C.M.A. No. 1678 of 2021
Sakthivel
... Appellant/ Petitioner
Vs.
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 to set aside the decree and judgement dated 12.07.2019 made in M.C.O.P. No. 67 of 2018, on the file of the Special Sub Judge, Motor Accident Claims Tribunal, Krishnagiri.
For Appellant : Mr. S.P. Yuaraj For R1 : No Appearance For R2 : Mr. K. Vinod
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JUDGMENT
This Civil Miscellaneous Appeal is filed by the claimant seeking enhancement of compensation awarded in M.C.O.P. No. 67 of 2018, dated 12.07.2019 on the file of the Special Sub Judge, Motor Accident Claims Tribunal, Krishnagiri, wherein the Tribunal has awarded compensation for a sum of Rs.2,28,175/- along with interest @ 7.5% per annum from the date of filing of petition till the date of realization.
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causing grievous injuries to him. A criminal case was also registered against the driver of the lorry in Cr.No.193/2015 U/s.279 and 337 of I.P.C. on the file of the Hosur TIW Police Station. For the injuries sustained, the claimant has come forward with a claim petition seeking compensation for a sum of Rs.15,00,000/- along with interest under section 166 of the Motor Vehicles Act, 1988.
accepted the case of the claimant and quantified, granted compensation for a
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sum of Rs.2,28,175/- along with interest @ 7.5% per annum from the date of filing of petition till the date of realization.
filed this appeal seeking for enhancement of compensation. The respondent has not challenged the award.
company has submitted that based on the evidence placed on record, the Tribunal has awarded reasonable compensation under various heads and within the permissible norms followed by this Court, hence prays to confirm the same.
C.M.A. No. 1678 of 2021
C.M.A. No. 1678 of 2021
Corporation vs. G. Ramesh and Another reported in [2013 (2) TNMAC 583] and fixed Rs.3,000/- per percentage of disability and awarded total compensation for 35% disability as Rs.1,05,000/- (Rs.3,000/- X 35% disability). Even though, medical records discussed supra states that the claimant has sustained multiple fracture, there is no evidence placed on record to show that these injuries have restricted the earning capacity of the claimant or he was incapacitated from doing his earlier avocation of driver. The evidence placed on record also shows that the fracture noted are healed and the Tribunal has specifically recorded that, it has not forced any discomfort on the claimant. Hence, this Court accepts the finding of the Tribunal that, the claimant has not sustained any functional disability, which is likely to cause loss of earning capacity to the claimant herein. This Court is of the view that for the accident cases taken place in the year 2015, awarding compensation of Rs.3,000/- per percentage of disability is within the permissible limit, hence this Court finds no infirmity in the award of the Tribunal under the head disability and hereby confirms the same.
C.M.A. No. 1678 of 2021
attender charges, however, based on the injuries sustained by the claimant, this Court is of the view that the compensation awarded under the head pain and suffering, extra nourishment and attender charges are on the lower side, Accordingly, the award is modified to the extent that, the claimant is entitled for Rs.75,000/- towards pain and suffering and Rs.25,000/- towards extra nourishment and attender charges. Whereas the other heads such as medical expenses, transportation expenses, loss of amenities, loss of income during the treatment period and damage to articles are concerned, the Tribunal has awarded a just compensation, hence this Court is inclined to confirm the same.
| S. No |
Description | Amount awarded by Tribunal (Rs) |
Amount awarded by this Court (Rs) |
Award confirmed or enhanced or reduced |
|---|---|---|---|---|
| 1. | 35% Disability | 1,05,000/- | 1,05,000/- | Confirmed |
| 2. | Medical expenses | 23,675/- | 23,675/- | Confirmed |
| 3. | Transportation expenses | 8,000/- | 8,000/- | Confirmed |
| 4. | Extra nourishment and Attender charges |
12,000/- | 25,000/- | Enhanced |
| 5. | Pain and Suffering | 28,000/- | 75,000/- | Enhanced |
C.M.A. No. 1678 of 2021
S.
No
| S. No |
Description | Amount awarded by Tribunal (Rs) |
Amount awarded by this Court (Rs) |
Award confirmed or enhanced or reduced |
|---|---|---|---|---|
| 6. | Social amenities | 28,000/- | 28,000/- | Confirmed |
| 7. | Loss of income during treatment period |
22,500/- | 22,500/- | Confirmed |
| 8. | Damage to articles | 1,000/- | 1,000/- | Confirmed |
| Total Compensation | 2,28,175/- | 2,88,175/- | Enhanced |
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interest and costs, less the amount if any, already withdrawn. The Tribunal shall disburse the amount now awarded by this Court by directly giving credit to the Savings Bank Account of the claimant. Since this Court has enhanced the compensation, the appellant/claimant is directed to pay the necessary Court fee, if any, on the enhanced compensation. There shall be no order as to costs in the present appeal.
30.10.2023
stn Index:Yes/No Speaking Order:Yes/No Neutral Citation Case: Yes/No
To:
C.M.A. No. 1678 of 2021
K. RAJASEKAR, J.
stn
C.M.A. No. 1678 of 2021
30.10.2023
3 issues framed by the court
Whether the compensation awarded for permanent disability and other heads by the Tribunal is just and proper.
Whether the compensation under the head of pain and suffering and extra nourishment needs to be enhanced.
Whether the impugned decree should be set aside or confirmed.
Colour shows how this judgement treated each authority
National Insurance Corporation vs. G. Ramesh and AnotherApplied¶44
National Insurance Corporation vs. G. Ramesh and Another, [2013 (2) TNMAC 583]
3 provisions across 2 enactments
Sakthivel
M/s. ICM Logistics
The Manager, Tata AIG General Insurance Company Limited
K.RAJASEKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
K.RAJASEKAR
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