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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.DHANDAPANI
Velayudham – Appellant
Versus
Managing Director, Tamil Nadu State Transport Corporation Limited – Respondent
JUDGMENT :
Challenging the judgment and decree dated 02.08.2019 made in M.C.O.P.No.986 of 2016 on the file of the Motor Accidents Claims Tribunal and Special Sub Court, Thiruvannamalai, the claimant is before this Court.
2. Mr.M.Murali Vinodh, learned counsel takes notice on behalf of the 1st respondent and M/s.R.Aiswarya, learned counsel takes notice on behalf of the third respondent.
3. In view of the judgment being passed, notice to the second respondent is dispensed with.
4. It is the case of the appellant/claimant that, on 17.04.2016 at about 4.45 p.m, when the appellant was driving the Eicher Van bearing Regn.No.TN-22-CB-6226 belonging to the second respondent, at that time, a bus bearing Regn.No.TN-38-N-2084 belonging to the first respondent Corporation driven by its driver had driven the vehicle in a rash and negligent manner and had hit the vehicle driven by the claimant, due to which the claimant sustained grievous injuries all over his body. Thereby, the appellant filed a claim petition seeking compensation of Rs.20,00,000/-.
5. Before the tribunal, the claimant examined himself as P.W.1 and P.W.2 and marked exhibits P.1 to P.14 and on the side of respondents, they marked R.W
Compensation for injuries must align with statutory rates and accurately reflect the disability suffered, requiring necessary adjustments for just compensation.
Judicial review allows for compensation enhancement in motor accident claims when initial assessment is inadequate under statutory guidelines.
In determining compensation, courts may adjust awarded amounts based on the prevailing laws relating to disability and other compensatory factors.
The court modified the compensation awarded by the Tribunal, enhancing it from Rs.2,60,600/- to Rs.3,78,500/- due to errors in calculating disability compensation and other heads.
The court enhanced the awarded compensation for injuries based on insufficient initial valuations for disability, pain, suffering, and related expenses, emphasizing the need for fair compensation.
The court held that the compensation awarded for personal injury must reflect fair and just assessments of pain, suffering, and disability, emphasizing fairness in compensation in motor accident clai....
The judgment reinforces the principle that compensation must align with actual injuries and losses sustained, ensuring proper assessment of disability and resulting earnings.
The main legal point established in the judgment is the court's authority to enhance compensation based on the nature of injuries, loss of earning power, and relevant legal provisions.
The court modifies compensation awarded by the tribunal under various heads based on credible evidence, establishing enhanced liability for insurers.
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