Madras High Court
P.Durairaj vs D.Karthikeyan on 21 April, 2021
C.M.A.No.3233 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.3233 of 2019
P.Durairaj ... Appellant
Vs.
1.D.Karthikeyan
2.The New India Assurance Company Ltd,
Represented by its Divisional Office,
D.No.133/31-1, Sedukrishna Trade Centre, 2nd Floor,
Trichy Main Road, Gugai, Salem – 636 004. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree dated 25.09.2018
made in M.C.O.P.No.277 of 2015, on the file of the Motor Accidents
Claims Tribunal, (Chief Judicial Magistrate Court), Salem.
For Appellant : Mr.K.Varadha Kamaraj
For Respondents : Mr.J.Chandran for R2
No appearance for R1
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 (Chief Judicial Magistrate Court), Salem vide
its judgment and decree dated 25.09.2018 in M.C.O.P.No.277 of 2015.
http://www.judis.nic.in_________
Page No 1 of 7
C.M.A.No.3233 of 2019
2.In this appeal, the claimant has sought for enhancement of
compensation awarded in the impugned judgment and decree passed by
the Tribunal. The Tribunal has awarded a sum of Rs.16,81,000/- as
compensation by adopting a notional income of Rs.6,500/- as the
monthly income of the claimant on the ground that there are no other
documents to esablish that the claimant was earning a sum of Rs.20,000/-
per month. The Tribunal has awarded a sum of Rs.16,81,000/- under the
following heads:-
Loss of Income Rs.10,53,000
Medical Expenses Rs. 3,38,000
Pain and sufferings Rs. 1,00,000
Loss of Amenities and Loss Rs. 1,00,000
of Marriage Prospectus
Transport Expenses Rs. 20,000
Attender charges Rs. 25,000
Nutrition and other Rs. 20,000
expenses
Loss of artificial leg Rs. 25,000
Total Rs.16,81,000
3.I have heard the learned counsel for the appellant and the
respondent. Due to the accident and injury, there was the amputation of
the left leg below knee.
http://www.judis.nic.in_________
Page No 2 of 7
C.M.A.No.3233 of 2019
4.The Tribunal has considered 75% disability based on Exs.X1 and
X2 and has awarded a sum of Rs.16,81,000/- has detailed above. In my
view, the adoption of notional income of Rs.6,500/- for determining a
loss of income appears to be very low. It is inspired from the decision of
the Hon'ble Supreme Court in Syed Sadiq Vs. United India Insurance
Co. Ltd., (2014) 2 SCC 735. In my view, it would be fair to conclude
that the appellant/claimant would have earned a sum of Rs.12,500 per
month. Even otherwise, he was having a yarn godown and was
purpotedly having income as a yarn merchant and collection agent. Even
it the appellant has not filed any documents to substantiate his income of
Rs.20,000/- per month, considering the fact that the accident is of the
year 2015, it can be safely assumed that notional income of the appellant
would have been atleast Rs.12,500/- per month for the purpose of
determination of just compensation. The Tribunal has ought to have
arrived at the functional disability while awarding compensation to the
appellant based on the injury.
http://www.judis.nic.in_________
Page No 3 of 7
C.M.A.No.3233 of 2019
5.The amputation of left leg below the knee certainly compromised
the quality of life. Though the Tribunal has considered 75% disability
based on Exs.X1 and X2, it would be fair to conclude that the functional
disability of 50%. As there is a amputation of one of the leg below the
knee.
6.Under these circumstances, the compensation awarded by the
Tribunal is partly enhanced as follows:-
Loss of Income Rs.18,90,000
Monthly Notional Income
Rs. 12,500
+ Future Prospectus 40% Rs. 5,000
----------------
Rs. 17,500
Annual loss of income
(17,500 x 12) Rs. 2,10,000
Multiplier X 18 Rs.37,80,000
------------------
x Functional Disability Rs.18,90,000
50%
Medical Expenses Rs. 3,38,000
Pain and sufferings Rs. 50,000
Loss of Amenities Rs. 1,00,000
http://www.judis.nic.in_________
Page No 4 of 7
C.M.A.No.3233 of 2019
Loss of Marriage Prospectus Rs. 1,00,000
Transport Expenses Rs. 20,000
Attender charges Rs. 25,000
Nutrition and other expenses Rs. 20,000
Towards artificial leg Rs. 25,000
Total Rs.25,68,000/-
7.The 2nd respondent/Insurance Company is therefore directed to
deposit the enhanced amount of compensation of Rs.25,68,000/- 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.
8.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 in the same proportion as was ordered by the Tribunal.
http://www.judis.nic.in_________
Page No 5 of 7
C.M.A.No.3233 of 2019
9.This Civil Miscellaneous Appeal stands Partly Allowed with the
above observations. No costs.
21.04.2021
jas
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
To:
1.The New India Assurance Company Ltd,
Represented by its Divisional Office,
D.No.133/31-1,
Sedukrishna Trade Centre, 2nd Floor,
Trichy Main Road, Gugai,
Salem – 636 004.
2.The Motor Accidents Claims Tribunal,
(Chief Judicial Magistrate Court), Salem.
3.The V.R.Section,
Madras High Court, Madras.
http://www.judis.nic.in_________
Page No 6 of 7
C.M.A.No.3233 of 2019
C.SARAVANAN, J.
jas
C.M.A.No.3233 of 2019
21.04.2021
http://www.judis.nic.in_________
Page No 7 of 7
