The Single Judge allowed the appeal partly, modifying the disability percentage from 50% to 30% and enhancing the total compensation award from Rs. 2,90,000 to Rs. 3,49,400 based on a revised assessment of loss of earning capacity and other heads.
Assignment of disability reduced to 30%; total compensation enhanced to Rs. 3,49,400 inclusive of interest and costs.
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.45 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.01.2023
CORAM
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
C.M.A.No.45 of 2023
L.Prakash, S/o.M.Lakshminarayanan, No.55, Kumalamman Koil Street, Tondiarpet, Chennai 81.
... Appellant
Vs.
1.T.Manoharan,
Old No.162, New No.8, Ennore High Road, Chennai 81.
2.The New India Assurance Co. Ltd., Motor Accident Third Party Cell, No.45, Moore Street, Chennai 1.
... Respondents
Prayer: Appeal filed under Section 173 of Motor Vehicles Act, 1988 against
the Decree and Judgment dated 22.02.2018 made in MCOP.No.2752 of 2011 on the file of the Motor Accident Claims Tribunal (VI Small Causes Court),
Chennai.
For Appellant : Mr.K.Varadha Kamaraj For Respondents : Mr.J.Chandran (for R2)
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C.M.A.No.45 of 2023
J U D G M E N T
The Appeal has been filed against the Decree and Judgment dated
22.02.2018 made in MCOP.No.2752 of 2011 on the file of the Motor Accident
Claims Tribunal (VI Small Causes Court), Chennai.
2.The claim Petitioner is the Appellant herein. For the sake of
convenience, the parties are referred to as per their ranking before the trial Court.
3.The claim Petitioner filed the claim Petition for the injuries sustained
by him in a road traffic accident occurred on 21.12.2010. The Tribunal has awarded a sum of Rs.2,90,000/- with interest at the rate of 7.5% per annum. Aggrieved against the same and seeking enhancement, he has preferred this Appeal.
4.The factum of the accident, manner of the accident, rash and negligent
driving on the part of the driver of the 1 st Respondent's vehicle, insured with the
2nd Respondent are not under challenge in this Appeal.
C.M.A.No.45 of 2023
5.Heard the learned counsel for the claim Petitioner and learned counsel
for the Insurance Company on the point of quantum of compensation.
6.The Tribunal has held that the injured is not having valid driving license and fixed 5% contributory negligence on the claim Petitioner. On perusal of the evidences, I find that the same is fair and hence, the same is hereby confirmed. As per Ex.P.6(s)/Medical bills, the Tribunal has awarded a
sum of Rs.1,75,782/-, the same is also confirmed.
7.PW2/Doctor assessed the disability as 50%. On perusal of discharge summary/Ex.P.8 issued by Right Hospital and Ex.P.7/Treatment records, I am of the considered view that disability to be fixed at 30%. Accordingly, the loss of earning capacity due to the disability sustained by the claim Petitioner comes
to Rs.90,000/- (Rs.3,000/- X 30) and this Court modified the compensation
amount as follows:
| S.No. | Heads | Amount(Rs.) |
|---|---|---|
| 1 | Loss of earningcapacity | 90000 |
| 2 | Pain and sufferings | 25000 |
| 3 | Transportation | 10000 |
| 4 | Extra nourishment | 10000 |
C.M.A.No.45 of 2023
| S.No. | Heads | Amount(Rs.) |
|---|---|---|
| 5 | Loss of income | 27000 |
| 6 | Attender charges | 20000 |
| 7 | Loss of amenities | 10000 |
| 8 | Medical bills | 175782 |
| Total | 367782 |
8.In total, the claim Petitioner is entitled to a sum of Rs.3,49,400/(Rupees three lakh forty nine thousand and four hundred only) [367782 - 5% of
367782].
9. In fine,
(i) this Civil Miscellaneous Appeal stands partly allowed, enhancing the award amount from Rs. 2,90,000/ - to Rs.3,49,400/- to the extent indicated above, with
7.5% interest per annum. No Costs.
(ii) the Insurance Company is directed to deposit the enhanced award amount
before the Tribunal, with interest (excluding the interest for the default period of 613 days in filing the above Appeal) a nd costs, within a period of eight
weeks from the date of receipt of a copy of this order, less the amount, if any
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C.M.A.No.45 of 2023
already deposited.
(iii) on such deposit being made, the claim Petitioner is permitted to withdraw
the entire enhanced award amount with accrued interest and costs, less the award amount, if any, already withdrawn, by filing necessary application before
the Tribunal.
(iv) the claim Petitioner is directed to pay the court fee, if any, for the enhanced compensation amount and the Registry is directed to draft the decree only after
the receipt of Court fee.
19.01.2023
Index : Yes/No Neutral Citation : Yes/No Speaking Order/Non-Speaking Order
sai
To
The VI Judge, Court of Small Causes, Chennai.
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C.M.A.No.45 of 2023
RMT.TEEKAA RAMAN.J,
sai
C.M.A.No.45 of 2023
Dated: 19.01.2023
3 issues framed by the court
Whether the disability assessment of 50% by PW2 should be modified based on the discharge summary and treatment records.
Whether the quantum of compensation awarded by the Tribunal deserves enhancement or modification.
Whether theari contributory negligence fixed amounts to the claim petitioner is sustainable.
1 provisions across 1 enactments
L.Prakash
T.Manoharan
The New India Assurance Co. Ltd.
RMT. Teekaa Raman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
