The High Court allowed the claimant's appeal partly, holding that the Motor Accident Claims Tribunal failed to award compensation for loss of marital prospects to a 24-year-old with right hand amputation. The Court enhanced the compensation by Rs. 2,00,000.
Compensation enhanced from Rs. 51,10,819 to Rs. 53,10,819/- plus interest at 7.5% per annum.
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.
CMA.No.1892 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.08.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R.HEMALATHA
C.M.A.No.1892 of 2024
Rishi Krishna Iyer
... Appellant
vs.
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Award dated 19.07.2023 in M.C.O.P.No.7431/2018 on the file of the Motor Accident Claims Tribunal, II Small Causes Court, Chennai.
For Appellant : Mr.K.Varadha Kamaraj For R1 : Mr.Santhosh Kumar For R2 : Ms.S.R.Sumathi
J U D G M E N T
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The appellant is the claimant in M.C.O.P.No.7431/2018 on the
file of the Motor Accident Claims Tribunal, II Small Causes Court, Chennai. He filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 and Rule 3 of M.A.C.T. Rules seeking compensation of Rs.1,21,000/- for the injuries sustained by him in a road accident which happened on 15.09.2018.
2. Heard Mr.K.Varadha Kamaraj, learned counsel for the appellant / claimant, Mr.Santhosh Kumar, learned counsel appearing for the first respondent and Ms.S.R.Sumathi, learned counsel appearing for the second respondent.
3. Mr.K.Varadha Kamaraj, learned counsel for the appellant / claimant contended that the claimant was aged 24 years on the date of accident and his right hand is amputed up to shoulder level. However, the Tribunal did not award amount towards marital prospects.
4. A perusal of the records shows that the Tribunal had awarded
compensation as shown below:
| S.No. | Heads | Amount |
|---|---|---|
| 1 | Towards Disability | Rs.41,31,000/- |
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S.No.
2
3
| S.No. | Heads | Amount |
|---|---|---|
| 2 | Towards Pain and sufferings | Rs.1,00,000/- |
| 3 | Towards Loss of earningduringTreatment | Rs.45,000/- |
| 4 | Towards Medical Expenses | Rs.5,84,819/- |
| 5 | Towards Loss of Amenities | Rs.1,00,000/- |
| 6 | Towards Attenders Charges | Rs.50,000/- |
| 7 | Towards Transportation Charges | Rs.50,000/- |
| 8 | Towards Extra Nourishment | Rs.50,000/- |
| Total | Rs.51,10,819/- |
5. All the amount awarded by the Tribunal is perfectly in order.
However, as rightly pointed out by the learned counsel for the appellant/claimant, the Tribunal had not awarded any amount towards the marital protects especially when the claimant was only 24 years on the date of the accident. Hence, this Court is of the opinion that awarding a sum of Rs.2,00,000/- towards loss of marital prospects would meet the ends of justice. The compensation under the other heads shall remain intact.
Calculation:
Total Compensation awarded by the Tribunal = Rs.51,10,819/Marital prospects = Rs.2,00,000/(51,10,819 +2,00,000/- = 53,10,819/-)
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CMA.No.1892 of 2024
Rs.51
6. The compensation awarded by the Tribunal is enhanced from
Rs.51 ,10,819/- to Rs.53,10/819/- which would carry interest at the rate of
7.5% per annum.
7. In the result,
i. The Civil Miscellaneous Appeal is partly allowed.
ii. The compensation awarded by the Tribunal is enhanced from
Rs.51 ,10,819/- to Rs.53,10/819/-.
iii. The appellant / claimant is directed to pay court fee for the enhanced compensation amount, if any, within a period of four weeks from the date of this order and the Registry is directed to draft the decree only after receipt of the Court fee.
iv. The second respondent / Magma HDI General Insurance Company
Limited is directed to deposit the enhanced compensation amount i.e., Rs.53,10/819/- (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 within a period of four weeks from the date of receipt of a copy of this order to the credit of M.C.O.P.No.7431/2018 on the file of the Motor Accident Claims
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v.
Tribunal, II Small Causes Court, Chennai.
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. No costs.
13.08.2024
Index : Yes/No Speaking/Non-speaking order Neutral Citation : Yes / No vum
To
Magma HDI General Insurance Company Limited, 2nd Floor, Door No-old 98/99, New 140-150, Luz Church Road, Mylapore - 600 004.
R.HEMALATHA, J.
vum
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CMA.No.1892 of 2024
C.M.A.No.1892 of 2024
13.08.2024
2 issues framed by the court
Whether compensation award for marital prospects should be granted to a 24-year-old claimant with hand amputation?
Whether the Tribunal's award was sufficient to meet the ends of justice?
2 provisions across 1 enactments
Rishi Krishna Iyer
S.Arumugam
The Manager, Magma HDI General Insurance Company Limited
R.HEMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
