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Madras High Court
Velu vs Dr.Rajendran on 29 January, 2010
       

  

  

 
 
 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 29/01/2010

CORAM
THE HONOURABLE MR.JUSTICE R.SUDHAKAR

C.M.A(MD)No.1717 of 2002


Velu                                     ... Appellant

vs				

1.  Dr.Rajendran

2.  Singamuthu

3.  The New India Assurance Company Limited,
    183, Kandiyan Street,
    Pattukkottai                         ... Respondents


PRAYER

Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988 against the  award  and decree dated 11.01.1999 passed in
M.C.O.P.No.332 of 1996  on the file of the Motor Accidents Claims Tribunal
(Additional District Judge-cum- Chief Judicial Magistrate), Pudukkottai.

!For appellant            ... Mr.U.M.Ravichandran
^For respondents 1 and 2  ... Given up
For Respondent-3          ... Mr.S.Ramachandran


:JUDGMENT

The claimants have filed this appeal for enhancement of compensation
aggrieved over the award, dated 11.01.1999 passed in M.C.O.P.No.332 of 1996 on
the file of the Motor Accidents Claims Tribunal (Additional District Judge-cum-
Chief Judicial Magistrate), Pudukkottai.

2. It is a case of injury. The brief facts of the case are as follows:-
The accident in this case happened on 16.11.1987. The injured/claimant was
working as an agriculturist by occupation. He was aged about 35 years at the
time of accident and he was hit by a car insured with the third respondent. He
suffered following injuries:

1. Fracture on the right leg

2. Injuries all over the body.

3. He was treated at Government Hospital, Pudukkottai for two days as
inpatient and thereafter taking treatment as out patient. The claimant was
examined as P.W.1 and doctor who assessed the disability was examined as P.W.2
and and eye witness was examined as P.W.3. Ex.P1 to Ex.P6 were marked. No
witness examined on behalf of the respondent and no documents were marked.

4. The disability suffered by the claimant as per Ex.P5 was assessed at
45%. Considering the age, occupation nature injuries, disability suffered by
the claimant and the Tribunal granted the following amounts as compensation with
interest 7.5% per annum:-

Sl.No.              Head                                   Amount granted
                                                          by the Tribunal

1        Disability compensation at 45% disability           Rs.7,500/-

2              pain and suffering                            Rs.5,000/-

3              for nutritious food                           Rs. 300/-

                       Total                                 Rs.12,800/-

5. The third respondent has been served and appeared through counsel
Mr.S.Ramachandran and the respondents 1 and 2 have given up their claim of
compensation.

6. In this case, the injured claimant is an agriculturist and he suffered
fracture injuries on the right leg and the disability suffered by him is
assessed at 45%. Considering the nature of injuries, occupation, age and loss of
income due to the disability caused and also taking note of the fact that no
amount has been granted under the heads of transportation and attendant charges
and the fact that very meagre sum has been granted for pain and suffering
undergone, the plea made by the learned counsel for the appellant is justified.

7. Heard Mr.S.Ramachandran, learned counsel for third respondent, who
submits that the Tribunal has granted a reasonable sum as compensation under
various heads as stated above and award of the Tribunal is just and reasonable
and it needs no interference by this Court.

8. The injured claimant being an agriculturist by occupation, has to live
on his physical strength. Due to the injury and disability caused to him, his
earning capacity is restricted and that has to be compensated. Further, the
tribunal has granted a meagre sum towards pain and suffering and extra
nourishment and no amount has been granted towards transportation expenses and
attendant charges. Considering all these aspects, this court is inclined to
grant further amount as compensation and the award of the Tribunal is enhanced
as follows:

Sl.No.                Head                    Amount granted       Amount granted
                                              by the Tribunal       by this Court


1              Disability compensation
               for 45% disability                Rs.7,500/-           Rs.40,000/-

2             for pain and suffering             Rs.5,000/-           Rs.10,000/-

3              for extra nourishment              Rs.300/-            Rs.1,000/-

4              for transport expenses               ---               Rs.2,000/-

5              for attendant charges                ---               Rs.2,000/-

                     Total                      Rs.12,800/-           Rs.55,000/-


9. The enhanced award amount shall carry interest at the rate of 7.5% from
the date of enhancement till the date of deposit.

10. Counsel for the third respondent prays for eight weeks’ time to
deposit the balance award amount, and on such deposit, the counsel for the
respondents 1 and 2/claimants prays for withdrawal.

11. In the result, the Civil Miscellaneous Appeal is allowed in part as
follows:-

(i) The Award of the Tribunal is enhanced to Rs.55,000/- from Rs.12,800/-.

(ii) The interest granted by the Tribunal at 7.5% is confirmed. The
enhanced award amount will carry interest at the rate of 7.5%

(iii) Third respondent is granted eight weeks’ time to deposit the balance
award amount.

(iv) On such deposit, the injured claimant is permitted to withdraw the
entire award amount with proportionate interest and entire cost.

(v) There will be no order as to costs in this appeal.

vsn

To

The Motor Accident Claims Tribunal,
(Additional District Judge-cum-

Chief Judicial Magistrate),
Pudukkottai.


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