Claimant appealed against the quantum of compensation awarded for injuries suffered when a reversing lorry hit his two-wheeler. The court enhanced compensation from Rs.3,35,000 to Rs.5,77,000, adding medical expenses net of insurance reimbursement and increasing disability compensation to Rs.8,000 per percentage.
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C.M.A.No.1464 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2024
CORAM
THE HON'BLE MRS. JUSTICE R. HEMALATHA
C.M.A.No.1464 of 2024
Saravanan ... Appellant
Vs.
1.Jasmine 2.The Royal Sundharam Alliance Insurance Co. Limited, Legal Department "Subramaniyan Building", 2nd floor, No.1, Club House Road, Annasalai, Chennai - 600 002. ... Respondents
PRAYER: Civil Miscellaneous Appeals filed under Section 173 of the Motor Vehicles Act, 1988 challenging the Judgment and Decree dated 22.12.2023 made in M.C.O.P. No.40 of 2022 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Ariyalur.
For Appellant : Mr.Amar Pandiyan For Respondents : Mr.G.Vasudevan for R2 R1 - Dispensed with
JUDGMENT
The appellant is the claimant in M.C.O.P. No.40 of 2022 on the file of
the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court,
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Ariyalur. He filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation of Rs.12,00,000/- for the injuries sustained by him in a road accident which happened on 23.03.2022.
On 23.03.2022, the claimant was riding his two wheeler bearing registration No.TN 61 R 8031 on Keezhappazhuvur - Karuvidaicherry road. When he was nearing the market road, the driver of a lorry bearing registration No.TN 61 L 6381 suddenly took the lorry in a reverse gear and hit the two wheeler driven by the appellant. The appellant fell-off from his two wheeler and sustained injuries all over his body. He was immediately rushed to A.S.Nursing Home, where he was treated as an in-patient for eleven days.
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Sundharam Alliance Insurance Company Limited resisted the claim petition on all the grounds available to them under Section 170 of the Motor Vehicles Act.
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expenses eventhough the appellant produced records to show that he had incurred expenses to the tune of Rs.1,67,000/-. He would further contend that the Tribunal had awarded only a sum of Rs.5,000/- per percentage of disability eventhough the accident took place in the year 2022. He, therefore, prayed for enhancement of compensation awarded by the Tribunal.
Tribunal and the enhanced amount passed by this Court:
| Heads | Amount awarded by the Tribunal in Rs. |
Amount awarded by this Court in Rs. |
|---|---|---|
| Partial Permanent |
2,30,000 | (Rs.8,000/- x 46) |
| Disability | 3,68,000 | |
| Transport to Hospital | 10,000 | 10,000 |
| Pain and sufferings | 30,000 | 30,000 |
| Extra Nourishment | 15,000 | 15,000 |
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| Heads | Amount awarded by the Tribunal in Rs. |
Amount awarded by this Court in Rs. |
|---|---|---|
| Future Medical |
25,000 | --- |
| Expenses | ||
| Loss of amenities | 25,000 | 25,000 |
| Medical Expenses | --- | 1,29,000 |
| Total | 3,35,000 | 5,77,000 |
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M.C.O.P. No.40 of 2022 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Ariyalur.
v. On such deposit being made, the appellant / claimant is at liberty to withdraw the same as per the orders passed by the Tribunal after following due process of law. The ratio of apportionment made by the Tribunal shall be kept intact.
vi. It is made clear that the appellant is not entitled for interest for the period of delay in filing this appeal on the amount enhanced by this Court. No costs.
19.08.2024
Index : Yes/No Speaking Order : Yes / No Neutral Citation Case: Yes / No ab
To
1. The Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Ariyalur.
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2. The Section officer, Record Section, High Court of Madras.
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R. HEMALATHA. J.,
ab
C.M.A.No.1464 of 2024
19.08.2024
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1 issue framed by the court
Whether the compensation awarded by the Tribunal for injuries sustained in a road accident was adequate and required enhancement.
2 provisions across 1 enactments
Saravanan
Jasmine
The Royal Sundharam Alliance Insurance Co. Limited
R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
