Partly allowed

G.S.Radhakrishnan v. G.R.Aravind

Madras HC27 Nov 2023CMA/1894/2021

Case brief

AI extract

What is this about?

This appeal concerned enhancement of compensation in a motor accident case. The court directed the Insurance Company to pay additional Rs.50,000 for future medical expenses and enhanced attender charges by Rs.30,000, enhancing the total award by Rs.80,000.

What did the court decide?

Future medical expenses awarded at Rs.50,000; Attender charges enhanced to Rs.50,000; Total compensation enhanced to Rs.19,65,000.

G.S.Radhakrishnan Vs G.R.Aravind — Motor Accident Claims | Madras HC (2023)

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C.M.A.No.1894 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 27.11.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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C.M.A.No.1894 of 2021

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G. S. Radhakrishnan

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... Appellant / petitioner

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Vs.

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G. R. Aravind

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[R1 was set ex-parte in the Trial Court]

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The National Insurance Company Limited, Dharmapuri Branch, Office at No.88F, Bye Pass Road, Dharmapuri District – 636 701. ... Respondents/Respondents

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Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Award and Decree dated 23.10.2019, made in M.C.O.P.No.412 of 2018, on the file of the Motor Accidents Claims Tribunal, Special District Judge, Dharmapuri.

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For Appellant : No appearance For R2 : M/s. R. Rathna Thara

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https://www.mhc.tn.gov.in/judis

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C.M.A.No.1894 of 2021

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JUDGMENT

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This Civil Miscellaneous Appeal has been filed by the claimant

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for enhancement of compensation awarded in M.C.O.P.No.412 of 2018, dated 23.10.2019, on the file of the Motor Accidents Claim Tribunal, Special District Judge, Dharmapuri.

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The parties are referred to hereunder according to their

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litigative status and ranking before the Tribunal.

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The case of the claimant is that on 03.03.2018 at about

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7.00 a.m., he was travelling as a passenger in car bearing Registration No.TN 29 AD 2077 belongs to the first respondent driven by one Arumugam from Dharmapuri to Chennai. Due to rash and negligent driving of the driver of the car it met with an accident and resulted in causing severe injuries to him. For the injuries sustained by him, he has come forward with the claim petition claiming compensation of Rs.50,00,000/- by invoking Section 166 of the Motor Vehicles Act.

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https://www.mhc.tn.gov.in/judis

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C.M.A.No.1894 of 2021

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4. The second respondent - Insurance Company has contested the claim and disputed the manner in which, the accident had taken place and the alleged negligent act against the driver of the car.

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5. After analyzing the evidences, the Tribunal has held that the

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driver Arumugam has negligently drove the car and resulted in causing accident and subsequently, the Tribunal quantified the compensation and awarded a sum of Rs.18,85,000/- as compensation along with interest at the rate of 7.5% per annum from the date of claim petition till the date of realization.

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6. Aggrieved over the quantum of compensation awarded, this

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appeal has been filed by the claimant herein for seeking enhancement of compensation.

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The only grievance raised by the claimant is that the Tribunal

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https://www.mhc.tn.gov.in/judis

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C.M.A.No.1894 of 2021

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has failed to award future medical expenses since the claimant, who was aged about 77 years has sustained several multiple injuries and he has been

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fixed with various implants all over his body. Those implants have to be removed and he requires further treatment and hence he has come forward with this appeal seeking compensation under the Head of future medical expenses.

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8. On perusal of the award, it shows that the Tribunal has

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constrained to award compensation under various heads including loss of amenities. The claimant herein has sustained injuries as follows: “Head injury, Right frontal sinus fracture, Right temporal bone fracture, Bifrontal pneumocephalus, Right hip cnetral dislocation, Right posterior wall acetabulam fracture, left distal radius fracture, Right elbow dislocation, Right radial head fracture, Right 2 nd metacarpal shaft fracture and left 3 rd and 4 th metacarpal shaft fracture”. Since the claimant has sustained various multiple injuries all over his body, the Tribunal has treated the injuries as

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functional disability and subsequently, awarded compensation under the

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https://www.mhc.tn.gov.in/judis

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C.M.A.No.1894 of 2021

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head of loss of future earning capacity. While awarding so, the Tribunal has also awarded pain and sufferings and other relevant heads. However, the Tribunal has not awarded any amount towards future medical expenses. Especially, when there is ample evidence available before the Tribunal that he has been fixed with implants in his legs and hands. The nature of surgery undertaken by him is stated as follows: “On 07.03.2018, he underwent surgery for the right acetabulam posterior wall fracture and implants were nd fixed. Left distal radius fracture was treated with 'K' wire fixation. Left 2 ,

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4th and 5 th metacarpal fractures were also treated with fixation of implants” .

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I have considered the rival submissions made on both sides and also perused the entire records.

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The Discharge Summary issued by the various hospitals shows that the claimant requires further treatment and as stated by the learned counsel for the claimant that future medical expenses has to be borne by the claimant. By considering the same, this Court is of the view that awarding compensation under the head future medical expenses to the

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https://www.mhc.tn.gov.in/judis

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C.M.A.No.1894 of 2021

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extent of Rs.50,000/- would be appropriate. He also requires assistance of Attender in future, since he is aged about 77 years and he has again sustained injuries. Accordingly, this Court is of the view that attender charges already awarded has to be enhanced to Rs.50,000/-. As far as the compensation awarded by the Tribunal under various other heads are concerned, the same are just and reasonable and the same are hereby confirmed.

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Thus, the compensation awarded by the Tribunal under

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various heads are hereby modified as follows:

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S. No	Description	Amount awarded by Tribunal (Rs)	Amount awarded by this Court (Rs)	Enhanced/ Reduced / Granted / Confirmed
1.	Compensation for Disability	Rs.5,11,000/-	Rs.5,11,000/-	Confirmed
2.	Pain and sufferings	Rs.75,000/-	Rs.75,000/-	Confirmed
3.	Extra Nourishment Expenses	Rs.30,000/-	Rs.30,000/-	Confirmed
4.	Attender Charges	Rs.20,000/-	Rs.50,000/-	Enhanced
5.	Loss of amenities	Rs.1,00,000/-	Rs.1,00,000/-	Confirmed
6.	Medical Exenses	Rs.11,39,000/-	Rs.11,39,000/-	Confirmed
7.	Transport Expenses	Rs.10,000/-	Rs.10,000/-	Confirmed
8	Future Medical Expenses	---	Rs.50,000/-	Granted

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https://www.mhc.tn.gov.in/judis

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C.M.A.No.1894 of 2021

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Total Rs.18,85,000/Rs.19,65,000/Enhanced by Rs.80,000/-

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In the result, this Civil Miscellaneous Appeal is partly

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allowed and the compensation awarded by the Tribunal is at Rs.18,85,000/is hereby enhanced to Rs.19,65,000/- [Rupees Nineteen Lakhs and Sixty Five Thousand only] together with interest at the rate of 7.5% per annum from the date of filing of Claim Petition till the date of deposit. The second respondent/ Insurance Company is directed to deposit the award amount, now determined by this Court, along with interest and costs, less the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this judgment to the credit of M.C.O.P.No.412 of 2018, on the file of the Motor Accidents Claims Tribunal, Special District Court, Dharmapuri. On such deposit, the claimant is permitted to withdraw the award amount, now determined by this Court, along with proportionate interest and costs, less the amount, if any, already withdrawn. The Tribunal shall disburse the amount by directly giving credit to the Savings Bank Account of the claimant. Since this Court has enhanced the compensation,

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https://www.mhc.tn.gov.in/judis

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C.M.A.No.1894 of 2021

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the appellant/claimant is directed to pay necessary Court fee, if any, on the enhanced compensation. In other aspects, the award of the Tribunal shall

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stand confirmed. There shall be no order as to costs in the present appeal.

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27.11.2023

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ssi Index : Yes / No Speaking Order: Yes / No Neutral Citation Case : Yes/No

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1.The Secial District Judge, Motor Accidents Claims Tribunal, Dharmapuri.

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2.The Section Officer, VR Section, High Court, Madras.

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https://www.mhc.tn.gov.in/judis

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C.M.A.No.1894 of 2021

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K.RAJASEKAR,J.,

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ssi

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C.M.A.No.1894 of 2021

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27.11.2023

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https://www.mhc.tn.gov.in/judis

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G.S.Radhakrishnan v. G.R.Aravind

Case brief

What is this about?

What did the court decide?

G.S.Radhakrishnan v. G.R.Aravind

Case brief

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What did the court decide?

What the court decided

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