Madras High Court
R.Palanisamy vs K.Alliammal on 20 April, 2021
C.M.A.No.1282 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.1282 of 2021
R.Palanisamy ... Appellant
Vs.
1.K.Alliammal
2.The United India Insurance Company Limited,
CB Hub, 1st Floor,
No.104-A, Peramanur Main Road,
Peramanur, Salem – 636 007. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the fair and decreetal order dated 11.06.2019
made in M.C.O.P.No.2434 of 2016, on the file of the Motor Accidents
Claims Tribunal/Special Subordinate Judge No.2, Salem.
For Appellant : Mr.A.Sathishkumar
For Respondents : M/s.I.Malar for R2
JUDGMENT
The claimant is the appellant in this appeal. The claimant has filed
this appeal for enhancement of compensation awarded by the Motor
Accidents Claims Tribunal (Additional District Judge, Salem) vide its
judgment and decree dated 11.06.2019 in M.C.O.P.No.2434 of 2016.
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C.M.A.No.1282 of 2021
2.By the impugned Judgment and decree, the Tribunal has awarded
compensation under the following heads:-
Loss of Permanent disability Rs.2,20,374.00
(7,500x12+(7500X40/100)x1
5x11.66/100
Towards Pain and suffering Rs. 20,000.00
Loss of amenities Rs. 20,000.00
Medical bills (as per Ex.P.8) Rs.5,13,686.00
Transport expenses Rs. 10,000.00
Extra Nourishment charges Rs. 10,000.00
Attendant charges Rs. 3,900.00
Loss of clothes Rs. 500.00
Total Rs.7,98,460.00
3.The appellant claims for enhancement of compensation on the
ground that the Tribunal has wrongly adopted as 11.6% as functional
disability without considering the fact that the appellant/claimant was a
meshthri who is required to do heavy physical work and therefore there
is a compromise in the physical mobilin. It is further submitted that
appellant/claimant was a mesthri earning a sum of Rs.10,000/- per
month. However, the Tribunal has fixed a notional income of Rs.7,500/-
which is meagre.
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C.M.A.No.1282 of 2021
4.Defending the impugned order, the learned counsel for the 2nd
respondent/Insurance Company submits that the Tribunal has awarded a
just compensation and therefore prays for confirming the award amount.
The learned counsel for the respondent/Insurance Comapny therefore
prays for dismissal of the present appeal.
5.Heard the learned counsel for the appellant and the respondent.
6.In my view, the Tribunal ought to have considered the nature of
injuries suffered by the appellant for awarding a just compensation. The
nature of injuries suffered as detailed below:-
(i)Grade III B open comminuted
distal femur fracture with bone loss right
(ii)Undisplaced proximal tibia
fracture right
(iii)Multiple metacarpal and
phalanx right hand with multiple
lacerated wounds
7.The appellant had undergone treatment as a in-patient in
Coimbatore between 20.06.2016 to 02.07.2016. The medical board vide
Ex.C1 has confirmed, 35% permanent disability by mentioning
following:-
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C.M.A.No.1282 of 2021
(i)He has difficulty in squatting
sitting cross legged leg. Climbing stairs
and walking on slopes.
(ii)He has limp while walking
(iii)He has pain and deformity at
the fracture site.
8.Considering the above coupled with the fact that the appellant is
a manual labour, I am inclined to hold functional disability of the
appellant at 20%. The Tribunal has awarded the aforesaid compensation
by considering a notional income of Rs.7,500/-. There is no dispute that
the appellant was a mesthri. The accident is of the year 2016.
Considering the same, it would be reasonable to assume that the
appellant would have earned a sum of Rs.10,000/- per month. Since the
appellant was hospitalized for period of 13 days, this Court is inclined to
award a sum of Rs.7,500/- towards attender charges. Therefore, the
compensation awarded by the Tribunal are modified as follows:-
Loss of Permanent disability Rs.3,72,000.00
(10,000x12+(10,000X40/100)x15
x20/100
Towards Pain and suffering Rs. 20,000.00
Loss of amenities Rs. 20,000.00
Medical bills (as per Ex.P.8) Rs.5,13,686.00
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C.M.A.No.1282 of 2021
Transport expenses Rs. 10,000.00
Extra Nourishment charges Rs. 10,000.00
Attendant charges Rs. 7,500.00
Loss of clothes Rs. 500.00
Total Rs.9,53,686.00
9.The 2nd respondent/Insurance Company is therefore directed to
deposit the enhanced amount of compensation of Rs.9,53,686.00/-
together with interest at 7.5% per annum from the date of numbering of
the claim petition till the date of such deposit, less any amount already
deposited by it, within a period of eight weeks from the date of receipt of
a copy of this Judgment.
10.On such deposit being made by the 2nd respondent/Insurance
Company, the appellant/claimant is permitted to withdraw his share
together with interest accrued thereon, less any amount already
withdrawn, by filing suitable application before the Tribunal.
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C.M.A.No.1282 of 2021
11.This Civil Miscellaneous Appeal stands Partly Allowed with the
above observations. No costs.
20.04.2021
jas
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
To:
1.The United India Insurance Company Limited,
CB Hub, 1st Floor,
No.104-A, Peramanur Main Road,
Peramanur, Salem – 636 007.
2.The Motor Accidents Claims Tribunal/
Special Subordinate Judge No.2, Salem
3.The V.R.Section,
Madras High Court, Madras.
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C.M.A.No.1282 of 2021
C.SARAVANAN, J.
jas
C.M.A.No.1282 of 2021
20.04.2021
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