Kannan vs Vadivel
2021 Latest Caselaw 10087 Mad

                                                     C.M.A.No.1284 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.1284 of 2021

                      (Through Video Conferencing)


Kannan                                                   ... Appellant

                                  Vs.
1.Vadivel

2.The Reliance General Insurance Co. Ltd.,
 Office at 570, Naigaum Cross Road,
 Near to Royal Industrial Estate Wadala (W),
 Mumbai, Mahashtra.
                                   st

 Branch at Sri Lakshmi Complex, 1 Floor
 Omalur Main Road, Bharathi Street,
 Salem District.                                         ... Respondents

      Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the Judgment and Decree in M.C.O.P.No.145
of 2016, dated 19.03.2020, on the file of the Motor Accident Claims
Tribunal / Subordinate Judge Court, Tiruchengode.



      For Appellant            : Mr.T.S.Arthanareeswaran

      For Second Respondent : M/s.C.Bhuvanasundari
                         JUDGMENT

____________ Page No 1 of 7 C.M.A.No.1284 of 2021 The claimant is the appellant in this Civil Miscellaneous Appeal.

This Civil Miscellaneous Appeal has been filed for enhancement of

compensation awarded by the Motor Accident Claims Tribunal

(Subordinate Judge Court), Tiruchengode in the impugned Judgment and

Decree dated 19.03.2020 in M.C.O.P.No.145 of 2016.

2. By the impugned Judgment and Decree, the Tribunal has

awarded a sum of Rs.1,50,500/- as compensation together with interest at

7.5% per annum from the date of claim petition till the date of deposit and

costs to the appellant as detailed below:-

                    Heads                        Amount
        Permanent Disability                              Rs.30,000/-
        Pain and Sufferings                               Rs.20,000/-
        Extra Nourishment and Loss of                     Rs.10,000/-
        things
        Attendar Charges                                  Rs.10,000/-
        Medical Expenses (including                       Rs.54,500/-
        bills)
        Transport Expenses                                Rs. 5,000/-
        Loss of Income for three                          Rs.21,000/-
        months
                    Total                              Rs.1,50,500/-




____________
Page No 2 of 7
                                                      C.M.A.No.1284 of 2021

3. The case of the appellant is that on 10.03.2016 at about 00.30

a.m, when he was walking on the Tiruchengode to Aanangur Main Road,

near Satiyampudur EB office, a TVS XL Super Heavy duty Moped

insured with the second respondent driven by its driver in a rash and

negligent coming from the opposite direction hit the appellant, as a result

of which, the appellant sustained grievous injuries. Therefore, he filed the

above claim petition, on which, the aforesaid compensation of

Rs.1,50,500/- has been awarded.

4. The learned counsel for the appellant submits that the Tribunal

has awarded very meager amount of compensation for the injuries

suffered by the appellant towards permanent disability. It is further

submitted that the Tribunal has considered the notional income of the

appellant as Rs.7,000/- only for awarding compensation of Rs.21,000/-

towards the loss of income for three months and therefore, he prays for

enhancement.

5. The learned counsel for the second respondent Insurance

Company submits that the impugned Judgment and Decree passed by the

Tribunal is well reasoned and requires no interference and therefore, prays

____________ Page No 3 of 7 C.M.A.No.1284 of 2021 for confirming the award amount and for dismissal of this appeal.

6. Heard the learned counsel for the appellant and the learned

counsel for the second respondent Insurance Company. I have perused the

impugned Judgment and Decree and evidence on record.

7. In my view, the Tribunal has awarded just compensation on most

of the heads except the loss of income for three months. The Tribunal has

only awarded a sum of Rs.21,000/- towards loss of income for three

months by considering the notional income of the appellant as Rs.7,000/-

per month.

8. It is submitted that appellant was running four Power Looms on

lease and was earning a sum of Rs.25,000/- per month. Considering the

fact that the appellant had failed to produce any evidence to substantiate

the same, this Court is inclined to consider the notional income of

Rs.12,500/- per month for awarding compensation.

9. Similarly, considering the nature of injuries suffered by the

____________ Page No 4 of 7 C.M.A.No.1284 of 2021 appellant, namely, fracture in below of right knee, this Court is inclined to

award the compensation towards loss of income for the period of six

months instead of three months. Therefore, the compensation of

Rs.21,000/- awarded by the Tribunal towards loss of income is enhanced

to Rs.75,000/- (Rs.12,500 x 6).

10. Thus, the compensation awarded by the Tribunal towards loss

of income is enhanced by another sum of Rs.54,000/- (75,000 – 21,000).

In the result, the total compensation payable to the appellant/claimant is

enhanced to Rs.2,04,500/- (1,50,500 + 54,000) which is rounded off to

Rs.2,05,000/-. Pay and recover ordered by the Tribunal is confirmed. The

second respondent is entitled to recover the same from the first

respondent in accordance with law.

11. The second respondent is directed to deposit a sum of

Rs.2,05,000/- as compensation together with interest at 7.5% per annum

from the date of claim petition till the date of deposit and costs in the

method of payment ordered by the Tribunal, less any amount already

deposit, within a period of six weeks from the date of receipt of a copy of

this Judgment.

____________ Page No 5 of 7 C.M.A.No.1284 of 2021

12. On such deposit, the appellant is permitted to withdraw the

same together with interest and costs, less any amount already withdrawn,

by filing suitable application before the Tribunal.

13. This Civil Miscellaneous Appeal is partly allowed. No cost.

20.04.2021

Index : Yes/No Internet : Yes/No jen

To

1.Motor Accident Claims Tribunal, (Subordinate Judge Court), Tiruchengode.

2.The Section Officer, V.R.Section, Madras High Court.

____________ Page No 6 of 7 C.M.A.No.1284 of 2021

C.SARAVANAN, J.

jen

C.M.A.No.1284 of 2021

20.04.2021

____________ Page No 7 of 7