Partly allowed

C.Sakkarlappa v. K.P.Natarajan

Madras HC3 Apr 2024CMA/1791/2019

Case brief

AI extract

What is this about?

Civil Miscellaneous Appeal seeking enhancement of accident compensation. Justice Abdul Quddose enhanced disability compensation adjusting the rate per percentage due to the 2004 accident date, and increased awards for pain and sufferings and transport costs. Total enhanced to Rs.1,21,980/-.

What did the court decide?

Compensation enhanced from Rs.81,980 to Rs.1,21,980. Second respondent directed to deposit enhanced amount with interest at 7.5% per annum.

C.Sakkarlappa Vs K.P.Natarajan — Motor Accident Claims | Madras HC (2024)

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C.M.A.No.1791 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 03.04.2024

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CORAM

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THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

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C.M.A.No.1791 of 2019

C.Sakkarlappa

... Appellant

Vs.

1.K.P.Natarajan

The Branch Manger, National Insurance Company Ltd., Branch Office, Thanthai Periyar Market Complex, Salem - 1.

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... Respondents

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PRAYER: Civil Miscellaneous Appeals filed under Section 173 of the Motor Vehicles Act, 1988 challenging the Award and Decree dated 01.07.2010 made in M.C.O.P. No.673 of 2007 on the file of the Motor Vehicle Claims Tribunal / Chief Judicial Magistrate, Krishnagiri.

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For Appellant : Mr. M.Sriram For Respondents : Mr.Padmanaban for R2

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No appearance for R1

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

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C.M.A.No.1791 of 2019

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JUDGMENT

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This appeal has been filed by the claimant seeking enhancement of compensation. The Tribunal under the impugned award has awarded a total compensation of Rs.81,980/- to the appellant as detailed hereunder:

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*Heads*	*Amount awarded* *by the Tribunal* *in Rs.*
Compensation for 30% of disablement (30 x Rs.1,000/-)	30,000
Compensation for loss of earnings	13,500
Compensation for pain and sufferings	15,000
Medical Bills	18,480
Transport and Extra Nourishment	5,000
Total	81,980

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The appellant sustained injuries as a result of an accident caused by

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the vehicle owned by the first respondent and insured with the second respondent. The adverse findings regarding the cause of the accident has not been challenged by the respondents. The appellant had sustained the following injuries:

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"1. Laceration of 7 cm x 3 cm bone depth in the right frontal region.

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2. Laceration of frontal bone right.

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3. Abrasion of 3 cm x 3 cm in the right cheek.

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

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C.M.A.No.1791 of 2019

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4. Abrasion of 2 cm x 2 cm in the right hand.

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5. Abrasion of 3 cm x 3 cm in the right knee joint.

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6. C/o.pain the left bone and hub with numbran at St.John's Hospital, Bangalore.

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1.Head Injury: Lacerated swelling present. Loss of consciousness.

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Vommitting twice. Right black eye.

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Lacerated wound over the right frontal region sutured 5 cm.

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Lacerated wound 3 cm x 2 cm on right cheek. Multiple abrasions over both knees and hand. Pain in the lower limb with numbers venous dopier partial / selfmantal dreadvab / throbosis of pairo unine of left lower limb."

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The medical board has assessed the disability of the appellant / claimant at 40%. However, the Tribunal after taking into consideration the oral and documentary evidence available on record has rightly assessed the disability at 30%. The accident happened in the year 2004. The Tribunal has awarded disability compensation at Rs.1,000/- per percentage of disability. This Court after giving due consideration to the year of the accident, which is 2004, is of the opinion that the Tribunal ought to have awarded Rs.2,000/-

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

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C.M.A.No.1791 of 2019

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per percentage of disability instead of Rs.1,000/- per percentage of disability. Accordingly, disability compensation is enhanced from Rs.30,000/- to Rs.60,000/- calculated at Rs.2,000/- per percentage of disability for the 30% disability assessed by the Tribunal.

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The Tribunal has awarded a compensation of Rs.15,000/- for pain and sufferings which in the considered view of this Court is on the lower side. After giving due consideration to the nature of injuries sustained by the appellant / claimant, this Court enhances the compensation towards pain and sufferings from Rs.15,000/- to Rs.20,000/-. The Tribunal has also awarded a sum of Rs.5,000/- towards transport and extra nourishment which in the considered view of this Court is low. After giving due consideration to the nature of injuries sustained by the appellant / claimant and the period of hospitalization, this Court enhances the compensation towards transport and extra nourishment from Rs.5,000/- to Rs.10,000/-. In so far as the compensation awarded by the Tribunal under various other heads viz., compensation of loss of earnings and medical bills are concerned, this Court does not find any infirmity in the said assessment.

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

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C.M.A.No.1791 of 2019

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For the foregoing reasons, the compensation payable by the respondents is re-worked in the following manner:

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*Heads*	*Amount awarded by the* *Tribunal in Rs.*	*Amount awarded by this* *Court* *(Rs.)*
Compensation for 30% of disablement	(30 x Rs.1,000/-) 30,000	(30 x Rs.2,000/-) 60,000
Compensation for loss of earnings	13,500	13,500
Compensation for pain and sufferings	15,000	20,000
Medical Bills	18,480	18,480
Transport and Extra Nourishment	5,000	10,000
Total	81,980	1,21,980

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In the result, this Civil Miscellaneous Appeal is partly allowed by enhancing the award amount from Rs.81,980/- to Rs.1,21,980/- . The second respondent/insurance company is directed to deposit the enhanced award amount of Rs.1,21,980/- , after deducting the amount already deposited, if any, together with interest at the rate of 7.5% per annum from the date of the claim petition till the date of deposit and cost to the credit of

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M.C.O.P. No.673 of 2007 on the file of the Motor Vehicle Claims

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

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C.M.A.No.1791 of 2019

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Tribunal / Chief Judicial Magistrate, Krishnagiri , within a period of six

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weeks from the date of receipt of a copy of this judgment.

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7. The appellant/claimant is permitted to withdraw the said amount, once it is deposited by the second respondent/Insurance Company, by filing an appropriate application. On such application being made, the Tribunal shall transfer the amount lying to the credit of M.C.O.P. No.673 of 2007 to the bank account of the appellant directly through RTGS, within a period of

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one week thereafter. No costs.

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03.04.2024

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

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1. The Motor Vehicle Claims Tribunal / Chief Judicial Magistrate, Krishnagiri

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2. The Section officer, Record Section, High Court of Madras.

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

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C.M.A.No.1791 of 2019

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ABDUL QUDDHOSE. J.,

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C.M.A.No.1791 of 2019

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03.04.2024

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

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C.Sakkarlappa v. K.P.Natarajan

Case brief

What is this about?

What did the court decide?

C.Sakkarlappa v. K.P.Natarajan

Case brief

What is this about?

What did the court decide?

What the court decided

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