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2022 DIGILAW 3386 (MAD)

R. Velusamy (Died) v. S. Vigneswaran

2022-09-19

V.M.VELUMANI, V.SIVAGNANAM

body2022
JUDGMENT (Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 17.12.2018, made in M.C.O.P.No.1776 of 2014, on the file of the Motor Accident Claims Tribunal, Special Sub Court, Coimbatore.) V.M. Velumani, J. 1. This Civil Miscellaneous Appeal has been filed by the appellants / claimants for enhancement of compensation granted by the Tribunal in the award dated 17.12.2018, made in M.C.O.P.No.1776 of 2014, on the file of the Motor Accident Claims Tribunal, Special Sub Court, Coimbatore. 2. Originally one R.Velusamy filed claim petition in M.C.O.P.No.1776 of 2014, claiming a sum of Rs.5,00,000/- as compensation for the injuries sustained by him in the accident that took place on 30.06.2014. Pending claim petition, the said R.Velusamy died on 20.01.2015 and his legal heirs were impleaded as claimants 2 to 4 in M.C.O.P.No.1776 of 2014 as per the order passed in I.A.No.2269 of 2017 dated 21.08.2017 and the claim value was amended from Rs.5,00,000/- to Rs.15,00,000/- as per the order passed in I.A.321 of 2018 dated 03.02.2018. 3. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent driving by the driver of the car belonging to 1st respondent and directed the 2nd respondent-Insurance Company to pay a sum of Rs.2,09,922/- as compensation to the appellants. 4. Not being satisfied with the amounts awarded by the Tribunal, the appellants have come out with the present appeal. 5. Though the appellants have raised various grounds with regard to quantum of compensation, at the time of arguments, the learned counsel appearing for the appellants restricted his arguments only with regard to claim under the heads of attendant charges, transportation and damages to clothes and prayed for enhancement of compensation. 6. Per contra, the learned counsel appearing for the 2nd respondent- Insurance Company contended that the Tribunal has granted a sum of Rs.2,09,922/- towards medical expenses to the claimants and the same is excessive. The appellants herein, who are the dependants of the deceased are not entitled to any compensation under other heads as the injured claimant, viz., R.Velusamy died pending claim petition and prayed for dismissal of the appeal. 7. Heard the learned counsel appearing for the appellant as well as the learned counsel appearing for the 2nd respondent-Insurance Company and perused the entire materials on record. 8. 7. Heard the learned counsel appearing for the appellant as well as the learned counsel appearing for the 2nd respondent-Insurance Company and perused the entire materials on record. 8. From the materials on record, it is seen that in the accident the deceased R.Velusamy sustained grievous injuries and the appellants produced Ex.P5 / wound certificate to that effect. The appellants also examined Dr.S.Muthaiyan as P.W.3 to prove the nature of injuries sustained by him in the accident. Immediately after the accident, the said R.Velusamy has taken treatment as inpatient in the Ganga Hospital for 11 days from 30.06.2014 to 10.07.2014. Further, the said R.Velusamy has taken treatment under P.W.3 in his clinic from 16.10.2014 to 30.10.2014; 05.11.2014 to 30.11.2014; 15.12.2014 to 20.12.2014 and from 25.12.2014 to 17.01.2015. P.W.3 / Doctor deposed that the said R.Velusamy came to his clinic for the pain in his hip and vomitting due to severe diabetic. P.W.3 / Doctor further deposed that he has not treated the said R.Velusamy for any of the injuries sustained by him in the accident. The Tribunal has not granted any amount towards attendant charges, transportation and damages to clothes. Considering the period of treatment taken by the said R.Velusamy and the evidence of P.W.3 / Doctor, the appellants are entitled to a sum of Rs.50,000/- towards attendant charges, Rs.10,000/- towards transportation and a sum of Rs.2,000/- towards damages to clothes respectively. The amount awarded by the Tribunal towards medical expenses is just and reasonable and hence, the same is hereby confirmed. Thus, the compensation awarded by the Tribunal is modified as follows: S. No Description Amount awarded by Tribunal (Rs) Amount awarded by this Court (Rs) Award confirmed or enhanced or granted 1. Medical expenses 2,09,922/- 2,09,922/- Confirmed 2. Attendant charges - 50,000/- Granted 3. Transportation - 10,000/- Granted 4. Damages to clothes - 2,000/- Granted Total Rs.2,09,922/- Rs.2,71,922/- Enhanced by Rs.62,000/- 9. In the result, this Civil Miscellaneous Appeal is partly allowed and the compensation awarded by the Tribunal at Rs.2,09,922/- is hereby enhanced to Rs.2,71,922/- together with interest at the rate of 7.5% per annum from the date of petition till the date of deposit excluding the default period, if any. In the result, this Civil Miscellaneous Appeal is partly allowed and the compensation awarded by the Tribunal at Rs.2,09,922/- is hereby enhanced to Rs.2,71,922/- together with interest at the rate of 7.5% per annum from the date of petition till the date of deposit excluding the default period, if any. The 2nd respondent-Insurance Company is directed to deposit the award amount, now determined by this Court along with interest and costs, less the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this judgment, to the credit of M.C.O.P.No.1776 of 2014, on the file of the Motor Accident Claims Tribunal, Special Sub Court, Coimbatore. On such deposit, the appellants are permitted to withdraw their respective share of the award amount now determined by this Court as per the ratio of apportionment fixed by the Tribunal, along with proportionate interest and costs, less the amount if any, already withdrawn by making necessary applications before the Tribunal. The appellants are directed to pay necessary Court fee as per the order of this Court dated 29.07.2021 made in C.M.P.No.11313 of 2021 in C.M.A.SR.No.120485 of 2019. No costs.