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IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 15.02.2023

CORAM:

THE HONOURABLE MR. JUSTICE RMT.TEEKA RAMAN

C.M.A.No.365 of 2023

Minor T.Pragatheeswaran

Son of Tamilarasan,

Rep.by Guardian/Father Tamilarasan ...Appellant

Vs.

1.S.Jayanthi

2.The Branch Manager,

The New India Assurance Company Ltd.,

No.56, T.S.R.Big street,

City Centre Complex, 1st Floor,

Kumbakonam Taluk & Town,

Thanjavur District.

... Respondents

PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor

Vehicles Act, 1988 against the decree and judgment dated 13.10.2021

made in M.C.O.P.No.180 of 2020, on the file of the Motor Accidents

Claims Tribunal, (Chief Judicial Magistrate),Nagapattinam.

For Appellant

: Mr.Ma.P.Thangavel

For Mr.M.Lokesh

For R2

: Mr.S.Salomi

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J U D G M E N T

The appellant is the claimant in M.C.O.P.No.180 of 2020, on

the file of the Motor Accidents Claims Tribunal / Chief Judicial Magistrate

Court at Nagapattinam. He has filed the above said claim petition under

Section 166 of the Motor Vehicles Act, 1988, seeking compensation of

Rs.6,00,000/- for the injuries sustained by him in a road accident that

took place on 15.01.2020.

2. For the sake of convenience, the parties are hereinafter

referred to as per their ranking before the claims tribunal.

3. The factum of the accident, manner of the accident, rash and

negligence on the part of the driver of the offending vehicle are not

disputed and hence, the findings rendered by the Claims Tribunal, are

confirmed.

4. During the trial, the claim petitioner examined himself as

P.W.1 and marked Exs.P1 to P6. Ex.C1, Disability Certificate issued to the

petitioner by the Regional Medical Board is also marked. On the side of

the respondents, no oral or documentary evidence has been let in.

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5. After going through the oral and documentary evidence

adduced before the Court, the Tribunal awarded a sum of Rs.2,55,500/-

as compensation together with interest at the rate of 7.5% per annum

and directed the second respondent to pay the said compensation to the

appellant/claimant. Not satisfied with the quantum of compensation

awarded by the Tribunal, the claimant has filed the present appeal under

Section 173 of the Motor Vehicles Act, 1988 for seeking enhancement of

compensation.

6. After hearing both sides and taking note of the fact that the

medical board has fixed disability at the rate of 30% and the tribunal has

considered the disability of 30% and awarded a sum of Rs.3,000/- per 1%

to the extent of Rs.90,000/-. Taking into consideration the date of the

accident, I find that it is just and reasonable to award a sum of

Rs.5,000/- per 1% of disability which is hereby enhanced to

Rs.1,50,000/-.

7. Since the appellant/claimant was admitted as an in-patient

from 15.01.2020 to 20.01.2020 in two different hospitals, a sum of

Rs.5,000/- and Rs.6,000/- granted by the Tribunal under the heads

Transportation and loss of amenities is hereby enhanced to Rs.10,000/-

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and Rs.10,000/- respectively.

8. A sum of Rs.92,500/- granted by the Tribunal under the

head 'Medical Expenses' as per Ex.P6 and the compensation awarded

towards other heads are just and proper and the same are hereby

confirmed.

9. Accordingly, the award of the Tribunal in M.C.O.P.No.180 of

2020 is modified as follows:-

Sl.

No

Head

Amout

awarded by

the Tribunal

Amout

awarded by

this Court

Enhanced/

Reduced

1.

Permanent disability (30%)

Rs. 90,000/-

Rs.1,50,000/-

Enhanced

2. Medical Bills (Ex.P6 series)

Rs. 92,500/-

Rs. 92,500/-

Confirmed

3.

Pain & Suffering

Rs. 25,000/-

Rs. 25,000/-

Confirmed

4.

Extra nourishment

Rs. 20,000/-

Rs. 20,000/-

Confirmed

5.

Transport Expenses

Rs. 5,000/-

Rs. 10,000/-

Enhanced

6.

Loss of ment