Madras High Court
S.Dhanasekaran vs K.Subramani on 12 August, 2014
Author: R.Subbiah
Bench: R.Subbiah
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.08.2014
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH
C.M.A.Nos.2010 & 2011 of 2014
S.Dhanasekaran ... Appellant in CMA No.2010 of 2014
G.P.Anumantha Rao ... Appellant in CMA No.2011 of 2014
vs.
1.K.Subramani
2.Iffco Tokio General Insurance Company Ltd.,
II Floor, New No.28, Old No.195,
North Usman Road,
Chennai 600 017.
[1st respondent was set ex-parte
before the court below. Hence
notice may be dispensed with] ... Respondents in both CMAs
Common Prayer : Civil Miscellaneous Appeals have been filed under Section 173 of Motor Vehicles Act against the common decree and judgment dated 22.10.2013 made in MCOP Nos.595 & 596 of 2011 on the file of the Motor Accident Claims Tribunal (III Additional District Judge), Thiruvallaur at Poonamallee.
For appellant : Mr.Mr.C.Prabakaran in both the appeals
For respondents : Mr.N.Vijayaraghavan
in both the appeals for R.2
COMMON JUDGMENT
Not being satisfied with the quantum of compensation awarded by the Motor Accidents Claims Tribunal, III Additional District Judge, Thiruvallur, in and by an award 22.10.2013 made in MCOP Nos.595 & 596 of 2011, the present appeals have been filed for enhancement of compensation amount by the appellants/claimants.
2. Since both the appeals have been filed only questioning the quantum of compensation awarded by the Tribunal, I am not dealing with the other aspects.
CMA No.2010 of 2014 in MCOP No.595 of 2011
3. The appellant is the claimant before the Tribunal. In this case, the appellant/claimant made a claim before the Tribunal for a sum of Rs.1,03,000/- for the injuries sustained by him in the accident. But the Tribunal has awarded only a sum of Rs.20,669/- as compensation. Hence, he has come forward with this present appeal for enhancement of the compensation.
4. On a perusal of the award, I find that the respondent/claimant had sustained only simple injuries on his right shoulder and he has not sustained any fracture injury. Hence, the Tribunal has awarded a consolidated sum of Rs.20,000/- covering the head of simple injuries, pain & suffering, extra nourishment and medical expenses. That apart, the tribunal has awarded a sum of Rs.669/- towards medical expenses supported by bills and thus passed an award for a sum of Rs.20,669/-. But, I find that the Tribunal has not awarded any amount under the head loss of income and hence a sum of Rs.5,000/- is hereby awarded under the head loss of income and another sum of Rs.10,000/- is hereby awarded under the head loss of amenities. Except the above modification, the amount awarded by the Tribunal stands confirmed. Accordingly, the amount of Rs.20,669/- awarded by the tribunal is hereby enhanced to Rs.35,669/-.
CMA No.2011 of 2014 in MCOP No.596 of 2011
5. The appellant is the claimant before the Tribunal. In this case, the appellant/claimant made a claim before the Tribunal for a sum of Rs.3,63,000/- for the injuries sustained by him in the accident. But the Tribunal has awarded only a sum of Rs.1,04,069/- as compensation. Hence, he has come forward with this present appeal for enhancement of the compensation.
6. In this case, I find that the victim had sustained fracture on his forehead and the doctor who was examined as PW2 has assessed the disability as 25% but the Tribunal has awarded a sum of Rs.50,000/- for 25% disability and a consolidated sum of Rs.15,000/- for pain & suffering, extra nourishment and transportation charges and based on the Ex.P13, awarded a sum of Rs.39,068/- towards medical expenses and thus passed an award for a total sum of Rs.1,04,068/-. Even in this case, I find that the Tribunal has not awarded any amount towards loss of amenities. Considering the fracture injuries sustained by the victim, a sum of Rs.15,000/- is hereby awarded under the head loss of amenities. Another sum of Rs.5,000/- is hereby awarded under the head loss of income during the treatment period. Except the above modification, the amount awarded by the Tribunal stands confirmed. Accordingly, the amount of Rs.1,04,069/- awarded by the tribunal is hereby enhanced to Rs.1,24,069/-.
7. In the result, the amounts awarded by the Tribunal are hereby enhanced to Rs.35,669/- and Rs.1,24,069/- respectively and the civil miscellaneous appeals are partly allowed. No costs.
8. In view of the above enhancement of the award, the second respondent insurance company is directed to deposit the enhanced compensation amount along with interest at the rate of 7.5% per annum from the date of petition till the date of deposit, within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the appellants/claimants are permitted to withdraw the amount alongwith interest.
12.08.2014
Internet : Yes/No
Index : Yes/No
rgr
To
1.The III Additional District Judge,
Motor Accidents Claims Tribunal,
Thiruvallaur at Poonamallee.
2.The Record Keeper,
V.R. Records,
High Court of Madras.
R.SUBBIAH, J.
rgr
C.M.A.Nos.2010 & 2011 of 2014
12.08.2014