Claimant injured by a motorcycle appealed for enhancement of Motor Accident Claims Tribunal award. The High Court upheld the Tribunal's 15% disability assessment but enhanced loss of income from Rs.7,500 to Rs.22,500, raising total compensation to Rs.1,20,892 with 7.5% interest, payable by the insurer with recovery rights against the owner.
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.1277 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.08.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.1277 of 2023
G.Vaidegi
... Appellant
..Vs..
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Award dated 20.09.2022 passed in M.C.O.P.2018 of 2013 on the file of the V Court of Small Causes, Motor Accident Claims Tribunal, Chennai.
For Appellant : Mrs. A. Subadra for Mr. A. Shanmugaraj R1 : Ex parte For R2 : Mr. G. Vasudevan
JUDGMENT
The appellant is the claimant in M.C.O.P.2018 of 2013 on the
file of the V Court of Small Causes, Motor Accident Claims Tribunal, Chennai, and she filed the claim petition under Section 166 of the Motor
C.M.A.No.1277 of 2023
Vehicles Act, 1988 seeking compensation of Rs.4,00,000/- for the injuries sustained by her in a road accident that took place on 25.08.2011.
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C.M.A.No.1277 of 2023
negligence on the part of the 1st respondent/ rider of two wheeler bearing Registration Number TN-22-BT-6535. Since the first respondent was not having a valid driving license on the date of accident, the Tribunal directed the second respondent Insurance Company to pay compensation of Rs.1,05,892/- to the claimant together with interest at the rate of 7.5% per annum from the date of petition till the date of realisation, in the first instance, and then recover the same from the owner of the vehicle, vide its orders dated 20.09.2022.
7. Heard Mrs. A. Subadra, learned counsel for the appellant and Mr. G. Vasudevan, learned counsel for the second respondent.
8.Mrs. A. Subadra , learned counsel for the appellant contended that though the Disability certificate (Ex.P13) shows that the claimant has
C.M.A.No.1277 of 2023
sustained 30% disability, the Tribunal had taken up only 15%. She
also contended that the claimant was a tailor by profession and the Tribunal has not awarded just compensation to the claimant. She, therefore prayed for enhancement of compensation awarded by the Tribunal.
the second respondent/Insurance Company contended that the Award
passed by the Tribunal is based on the well laid down principles of law which were in vogue at the time of passing of the order and therefore, the same need not be disturbed.
10. A perusal of the disability certificate issued by
Dr.P.R.Danasekaran (P.W.2), Doctor and Assistant Professor in
Orthopedic Department, Rajiv Gandhi Government General Hospital, Chennai, shows that the claimant had sustained 30% Partial Permanent Disability. The claimant initially took treatment in Fortis Malar Hospital immediately after the accident and an X-ray was taken. She had actually sustained a fracture on her right wrist and was treated as an out patient.
Subsequently she took treatment in Orthopedic Hospital, Ashok Nagar.
C.M.A.No.1277 of 2023
Dr. P.R. Dhanasekaran (P.W.2) had not issued the partial permanent disability certificate in accordance with the guidelines of the Government of India and in compliance of the directions of this Court in Arockiadoss vs. Syed Ibrahim 2. United India Insurance reported in 2022 (2) TN MAC 229. Based on the evidence of P.W.2, the Tribunal had rightly fixed 15% as Partial Permanent Disability and awarded a sum of Rs.3000/- per percentage of disability. The claimant was a tailor by profession and would have been out of action for atleast three months on account of the accident and therefore, a sum of Rs.22,500/- (7,500 x 3) is awarded towards loss of income.
10.1. The following tabular column would show the amount awarded by the Tribunal and the enhanced amount awarded by this Court under various heads.
| S.No | Heads | Amount awarded by Tribunal (Rs) |
Amount awarded by this Court (Rs) |
|---|---|---|---|
| 1. | Disability | 45,000/- | 45,000/- |
| 2. | Medical bills | 16,892/- | 16,892/- |
| 3. | Loss of income | 7,500/- | 22,500/- |
| 4. | Pain and sufferings & Mental Agony |
10,000/- | 10,000/- |
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C.M.A.No.1277 of 2023
| S.No | Heads | Amount awarded by Tribunal (Rs) |
Amount awarded by this Court (Rs) |
|---|---|---|---|
| 5. | Transportation Expenses |
5,000/- | 5,000/- |
| 6. | Extra nourishment | 10,000/- | 10,000/- |
| 7. | Damages to clothes | 1,000/- | 1,000/- |
| 8. | Attender charges | 500/- | 500/- |
| 9. | Loss of Amenities | 10,000/- | 10,000/- |
| TOTAL | 1,05,892/- | 1,20,892/- |
11 . Thus, the compensation awarded by the Tribunal is
enhanced from Rs.1,05,892 / - to Rs.1,20,892/- which would carry interest at the rate of 7.5% per annum.
12. In the result,
i. The Civil Miscellaneous Appeal is partly allowed. No costs.
Rs.1,05,892 /- to Rs.1,20,892/-.
iii. The appellant / claimant is directed to pay the court fee for the
enhanced compensation amount, if any, and the Registry is directed
to draft the decree only after the receipt of Court fee.
iv. The second respondent, Reliance General Insurance Company
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C.M.A.No.1277 of 2023
Limited, Chennai, is directed to deposit the enhanced compensation amount i.e., Rs.1,20,892/- (less the amount already deposited) together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit to the credit of MCOP.No.2018 of 2013 on the file of the V Court of Small Causes, Motor Accident Claims Tribunal, Chennai , within a period of four weeks from the date of receipt of a copy of this order and then recover the same from the first respondent/owner of the vehicle under the same cause of action.
28.08.2024
Index : Yes/No Internet : Yes/No bga
To
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C.M.A.No.1277 of 2023
Chennai 6
C.M.A.No.1277 of 2023
R. HEMALATHA, J.
bga
C.M.A.No.1277 of 2023
28.08.2024
1 issue framed by the court
Whether the compensation awarded by the Tribunal should be enhanced given the 30% disability certificate and the claimant's loss of income as a tailor.
Colour shows how this judgement treated each authority
Arockiadoss vs. Syed Ibrahim 2. United India InsuranceReferred¶10
2022 (2) TN MAC 229
3 provisions across 1 enactments
G.Vaidegi
N. Ashok Kumar
Reliance General Insurance Company Limited
R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
