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2020 DIGILAW 1744 (MAD)

Prem @ Premraj v. R. Ramajayam

2020-09-30

S.M.SUBRAMANIAM

body2020
JUDGMENT : (Prayer: The Civil Miscellaneous Appeal is preferred under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 10.04.2019 passed in M.C.O.P. No.837 of 2017 on the file of the learned Special District Judge, Special District Court-cum-Motor Accidents Claims Tribunal, Dharmapuri.) 1. The judgment and decree dated 10.04.2019 passed in M.C.O.P. No.837 of 2017 by the learned Special District Judge, Special District Court-cum-Motor Accidents Claims Tribunal, Dharmapuri, is under challenge in the present Civil Miscellaneous Appeal. 2. The claimant, who is the appellant herein, has filed the present Civil Miscellaneous Appeal, seeking enhancement of compensation. 3. The learned counsel appearing on behalf of the appellant-claimant contended that the total compensation granted by the Tribunal is not in commensuration with the grievousness of the injuries sustained by the appellant-claimant and further contended that the Tribunal has not granted compensation for various other expenses met out by the appellant-claimant. 4. The accident occurred on 03.06.2017 at about 11.30 A.M., at Dharmapuri to Harur Main Road, near Muniammal Mango Groove close to Ramapuram Bus Stop. The Morappur Police Station registered a case in Crime No.185 of 2017 under Sections 279 and 337 of IPC. 5. The claim petition was filed by the appellant-claimant before the Tribunal. 6. The Tribunal adjudicated the issues with reference to the documents and evidences produced by the respective parties. 7. As far as the negligence aspect is concerned, the Tribunal relied on the First Information Report (FIR) as well as the oral evidence of PW-1 to establish the negligence. The respondents have not produced any contra evidence to rebut the contentions set out in the FIR as well as the oral evidence of PW-1. Thus, the Tribunal arrived a conclusion that the accident occurred due to negligence of the driver of the Ashok Leyland Dost Vehicle bearing Registration No.TN-29-BE-4021. 8. Regarding the quantum of compensation is concerned, the Tribunal has considered the disability certificate issued by the Doctor. The Doctor assessed the disability at 15%. The Tribunal also has taken the said 15% disability for the purpose of granting disability compensation. However, the Tribunal granted a sum of Rs.3,000/- for one percentage disability. Thus, the said amount is to be enhanced. 9. The Doctor assessed the disability at 15%. The Tribunal also has taken the said 15% disability for the purpose of granting disability compensation. However, the Tribunal granted a sum of Rs.3,000/- for one percentage disability. Thus, the said amount is to be enhanced. 9. The learned counsel appearing on behalf of the second respondent-Insurance Company disputed the contentions raised on behalf of the appellant-claimant, by stating that the claimant had sustained very minor injuries and he was aged about 29 years at the time of accident. The fracture sustained by the claimant is also not grievous and therefore, the compensation awarded by the Tribunal is reasonable and the Civil Miscellaneous Appeal is liable to be dismissed. 10. This Court is of the considered opinion that the Tribunal has rightly assessed the disability as granted by the Doctor. The compensation granted under other heads are also reasonable. However, a sum of Rs.3,000/- fixed for one percentage disability is not matching with the cost index of the year of the accident i.e., 2017. Thus, the said compensation for disability alone is to be enhanced from Rs.3,000/- to Rs.5,000/- for one percentage. Accordingly, the disability compensation of Rs.45,000/- granted by the Tribunal is enhanced to Rs.75,000/- (Rs.5,000/-x15) and the rest of compensation granted under others heads by the Tribunal stands confirmed. Thus, the appellant-claimant is entitled for a total compensation of Rs.2,20,000/- along with accrued interest at the rate of 7.5% per annum. 11. The second respondent-Insurance Company is directed to deposit the entire award amount with accrued interest, within a period of twelve weeks from the date of receipt of a copy of this judgment and on such deposit, being made, the appellant-claimant is permitted to withdraw the award amount by filing an appropriate application before the Tribunal and payments are to be made through RTGS. The appellant-claimant is directed to pay the additional court fee, if any, within a period of two weeks from the date of receipt of a copy of this judgment. 12. Accordingly, the judgment and decree dated 10.04.2019 passed in M.C.O.P. No.837 of 2017 by the learned Special District Judge, Special District Court-cum-Motor Accidents Claims Tribunal, Dharmapuri, stands modified and consequently, CMA No.353 of 2020 is allowed in part. However, there shall be no order as to costs.