Madras High Court
Kalaivani vs Parani Transports on 20 April, 2021
C.M.A.No.3648 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.3648 of 2019
Kalaivani,
D/o.Chandran ... Appellant
Vs.
1.Parani Transports,
No.2, North Pirathatchanam Salai,
Karur District.
2.National Insurance Company Limited,
Division Office, No.63, Rasi Plaza,
West Pirathatchanam Salai,
Karur District. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree dated 07.09.2017
made in M.C.O.P.No.205 of 2014 on the file of the Motor Accidents
Claims Tribunal and Chief Judicial Magistrate, Namakkal.
For Appellant : Mr.A.Sathish Kumar
for Mr.C.Thangaraju
For Respondents :
For R1 : No appearance
For R2 : Mr.J.Chandran
JUDGMENT
The claimant is the appellant in this appeal. In this appeal, the
appellant/claimant has sought for enhancement of compensation awarded
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C.M.A.No.3648 of 2019
by the Motor Accidents Claims Tribunal, Chief Judicial Magistrate,
Namakkal in M.C.O.P.No.205 of 2014.
2. By the impugned Judgment and decree, the Tribunal has
awarded a sum of Rs.3,93,200/- under the following heads:-
a. Towards transportation charges: Rs. 5,000/-
b. Towards extra nourishment : Rs. 10,000/-
c. Towards medical expenses : Rs.1,74,200/-
d. Towards permanent disability : Rs.1,50,000/-
e. Towards pain and sufferings : Rs. 45,000/-
f. Towards partial loss of earning/
attender charges : Rs. 9,000/-
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Total : Rs.3,93,200/-
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3. The main case of the appellant in this appeal is that the
appellant/claimant not only had to discontinue her studies due to
permanent disability but also the injury impacted her marital prospects.
It is submitted that the Tribunal has awarded a meagre compensation
towards permanent disability assessed by P.W.2-Doctor in
Ex.P.14-Disability Certificate and ought to have adopted mulitplier for
awarding the aforesaid compensation.
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C.M.A.No.3648 of 2019
4. It is further submitted that the Tribunal has not awarded any
amount towards loss of income or any amount towards loss of
opportunities due to discontinuation of studies and its impact of the
marital prospects of the appellant/claimant.
5. On behalf of the respondents, the learned counsel for the 2nd
respondent/insurance company submits that the impugned Judgment and
decree passed by the Motor Accidents Claims Tribunal is well-reasoned
and requires no interference. He submits that the Tribunal has awarded
just compensation under various heads and therefore prays for dismissal
of the appeal.
6. Heard the learned counsel for the appellant and the respondents
and perused the impugned Judgement and decree and the records which
forms the basis of the award.
7. Ex.P.14-Disability Certificate marked through P.W.2-Doctor
indicates that the appellant/claimant is physically handicapped due to
loss of functional capacity with permanent disability as per the
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C.M.A.No.3648 of 2019
Government of India Notification (Ministry of Welfare Uniform
Definitions of the Physically Handicapped Code Annexure V, 1986), it is
evident that the appellant/claimant has indeed suffered grievous injuries
based on the copy of the photographs enclosed at page no.31 of the typed
set of papers.
8. The Tribunal has awarded a sum of Rs.1,50,000/- towards
permanent disability. There is no discussion in the impugned Judgment
and decree regarding the permanent disability except stating that there
was 50% of permanent disability.
9. In my view, the Tribunal ought to have determined the
functional disability and awarded just compensation as per the decision
of the Hon'ble Supreme Court in Raj Kumar Vs. Ajay Kumar and
Another, (2011) 1 SCC 343. Further, the Tribunal has not awarded any
amount towards loss of income (notional income) as the
appellant/claimant was only student at the time of accident.
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C.M.A.No.3648 of 2019
10. The family of the appellant/claimant has spent about
Rs.1,74,200/- towards medical expenses and that the appellant/claimant
was hospitalized over a period of 19 days starting from 29.08.2013 to
16.09.2013. In my view, the amount of compensation awarded by the
Tribunal deserves to be modified considering the nature of injuries
suffered by the appellant/claimant and the consequences of the accident.
11. Therefore, the compensation awarded by the Tribunal is
recomputed as follows:-
Sl. Heads of Compensation Amount Amount Award
No. awarded by awarded by confirmed or
the Tribunal this Court enhanced or
granted or
reduced
1. Transportation Charges Rs. 5,000/- Rs. 5,000/- Confirmed
2. Extra Nourishment Rs. 10,000/- Rs. 10,000/- Confirmed
3. Medical Expenses Rs.1,74,200/- Rs.1,74,200/- Confirmed
4. Permanent Disability Rs.1,50,000/- Rs.1,75,000/- Enhanced
5. Pain and Sufferings Rs. 45,000/- Rs. 45,000/- Confirmed
6. Attender Charges Rs. 9,000/- Rs. 20,000/- Enhanced
Total Rs.3,93,200/- Rs.4,29,200/- Enhanced by
another sum
of Rs.36,000/-
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C.M.A.No.3648 of 2019
12. The appellant/claimant is directed to pay the Court Fee of
Rs.5,341/- within a period of fifteen days from the date of receipt of a
copy of this order. Only on such deposit of Court Fee, the Registry
shall draft the decree of this Judgment. The 2nd respondent/Insurance
Company is however directed to deposit the enhanced amount of
compensation of Rs.4,29,200/- after deducting amount already deposited
by it 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 within a period of six weeks from the date of
receipt of a copy of this Judgment.
13. On such deposit being made by the 2nd respondent/Insurance
Company, the appellant/claimant is permitted to withdraw her respective
share in the same proportion as was ordered by the Tribunal, together
with interest accrued thereon, less the amount already withdrawn if any,
by filing suitable application before the Tribunal. While filing such
application, the appellant/claimant shall produce a certified copy of the
decree of this Judgment as a proof of having paid the Court Fee.
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C.M.A.No.3648 of 2019
14. This Civil Miscellaneous Appeal stands partly allowed with the
above observations.
20.04.2021
arb
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
Note:
After the appellant deposited the Court Fee, the
Registry is directed to draft the decree.
To:
1.The Motor Accidents Claims Tribunal,
Chief Judicial Magistrate Court,
Namakkal.
2.The Section Officer,
Vernacular Section,
Madras High Court.
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C.M.A.No.3648 of 2019
C.SARAVANAN, J.
arb
C.M.A.No.3648 of 2019
20.04.2021
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