M. Selvakumar Vs K. Prabhu

To allow the appeal and enhance the compensation in MCOP No.4005/2018 dt. 15.12.2022 on the file of the Motor Accidents claims Tribunal/CJM Court, Cuddalore

¶18

CMA No. 2840 of 2023

¶19

For Appellant(s): Ramya V. Rao

¶20

For Respondent(s): R1 - Dispensed With J.Michael Visuvasam For R 2

¶21

JUDGEMENT

¶22

This appeal has been filed to enhance the compensation in MCOP

¶23

No.4005/2018 dated 15.12.2022 on the file of the Motor Accidents claims

¶24

Tribunal/CJM Court, Cuddalore.

¶25

The brief facts of the case:

¶26

On 11.06.2018 at about 12.00 hours when the the claimant was

¶27

riding his two wheeler bearing registration No. TN 31 F 0201 on the way to

¶28

Chennai, on the extreme left side of Panruti to Chennai Salai, near Seenivasa

¶29

Thirumana Mandapam, the first respondent's TVS XL bearing registration No.

¶30

TN 31 BM 5627 came from south to north in a rash and negligent manner

¶31

dashed the claimant, due to which the claimant sustained injuries. Thereafter,

¶32

claimant filed the petition before the tribunal claiming compensation. After

¶33

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

¶34

CMA No. 2840 of 2023

¶35

considering the oral and documentary evidence the tribunal awarded a sum of

¶36

Rs.9,10,070/- as compensation. Challenging the quantum of compensation, the claimant filed this appeal.

¶37

The learned counsel for the appellant submits the claimant was

¶38

working as vessel maker earning Rs.60,000/- per month but the tribunal awarded only Rs.6,000/- per month. Further, he submits that the tribunal

¶39

awarded very meagre amount for other heads. Hence, he prays to enhance the compensation.

¶40

The learned counsel for the respondent submits that the tribunal has

¶41

rightly fixed compensation which needs no interference.

¶42

Considering the facts and circumstances of the case, the claimant has sustained 55% disability and the accident was happened in the year 2018.

¶43

Further, the claimant had sustained grevious injuries and taken in patient treatment. Hence, this Court is inclined to enhance monthly income of the claimant from Rs.6,000/- to 8,000/-. Further, the compensation granted by the Tribunal towards pain and sufferings, extra nourishment, are hereby enhanced

¶44

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

¶45

CMA No. 2840 of 2023

¶46

from Rs.40,000/- to 80,000/-, and Rs.10,000/- to Rs.20,000/-, respectively.

¶47

Further, the tribunal omitted to fix award for loss of amenities and loss of income. Accordingly, this Court is inclined to fix Rs. 10,000/- for loss of amenities and Rs.45,000/- for loss of income. Except above modification, the judgment passed by the tribunal remain unchanged.

¶48

*S.N* o.	*Head*	*Compensation* *awarded by the* *Tribunal*	*Compensation* *awarded by this* *Court*
1.	Pain and sufferings	Rs.40,000/-	Rs.80,000/-
2.	Loss of Income	Nil	Rs.45,000/-
3.	Medical Expenses	RS.1,15,068/-	Rs.1,15,068/-
4.	Transportation expenses	Rs.10,000/-	Rs.10,000/-
5.	Extra Nourishment	Rs.10,000/-	Rs.10,000/-
6.	Attender charges	Rs.40,000/-	Rs.40,000/-
7.	Damages to cloths and article	Rs.2,000/	Rs.2,000/-
8.	Lost of amenities	Nil	Rs.10,000/-
9.	Loss of dependency	Rs.6,93,000/-	Rs.9,24,000/-
10	Total	Rs.9,10,070/-	Rs.12,36,068/-

¶49

Rounded off to Rs.12,36,100/-

¶50

Therefore, the compensation payable to the claimant is enhanced to

¶51

Rs.12,36,100/-. The respondent/Insurance company is directed to deposit the

¶52

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

¶53

CMA No. 2840 of 2023

¶54

said amount along with interest ordered by trial Court to the credit of MCOP

¶55

No.4005/2018, on the file of the Motor Accidents claims Tribunal/CJM Court,

¶56

Cuddalore, within a period of eight weeks from the date of receipt of a copy of this judgment. On Such deposit, the claimant is permitted to withdraw the award

¶57

amount by making formal application before the Tribunal.

¶58