Madras High Court
Prakashkumar vs V.Seenivasan on 21 April, 2021
C.M.A.No.1964 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.1964 of 2020
(Through Video Conferencing)
Prakashkumar ... Appellant
vs.
1.V.Seenivasan
2.The Oriental Insurance Co.,Ltd.,
Motor Third Party Claims Office,
No.115, Prakasam Salai,
Broadway, Chennai 108. ... Respondents
Prayer: Civil Miscellaneous Appeals filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree dated 29.11.2019
made in M.C.O.P.No.6005 of 2016 on the file of the Motor Accident
Claims Tribunal (III Court of Small Causes ) Chennai.
For Appellant : Mr.K.Varadhakamraj
st
For 1 Respondent : No Appearance
For 2nd respondent : Mr.D.Bhaskaran
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C.M.A.No.1964 of 2020
JUDGMENT
The claimant is the appellant in this civil miscellaneous appeal. He is
filed this appeal for enhancement of compensation awarded by the
Tribunal.
2. By the impugned Judgment and Decree dated 29.11.2019, the
Motor Accident Claims Tribunal ( III Court of Small Causes) Chennai
has awarded a sum of Rs.16,02,690/- together with interest at 7.5% per
annum from the date of filing of the claim petition till the date of deposit,
to the appellant/claimant.
3. The break up of the amount awarded by the Lower Court are
summarised below:-
S.No. Heads Amount awarded by the
Tribunal
1 Pain and suffering Rs. 30,000
2 Transport and Extra nourishment Rs. 20,000
expenses
3 Loss of earning capacity Rs. 12,09,600
4 Attender charges Rs. 14,400
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C.M.A.No.1964 of 2020
5 Medical Expenses Rs. 3,07,691/-
6 Disability /Loss of Amenities Rs. 20,000/-
7 Damages to clothes Rs. 1,000/-
Total * Rs. 16,02,691/-
* Rounded off to Rs.16,02,690/-
4. Aggrieved by the said compensation, the appellant/claimant has
filed this Civil Miscellaneous Appeal for enhancement of compensation.
5. The case of the appellant is that on 14.08.2016, while the
appellant was riding a motorcycle bearing Reg.No.TN.05.AS.4422, the
driver of the insured Tata Ace Van bearing Reg.No.TN.20.BM.7891
belonging to the 1st respondent insured with the second respondent was
driven allegedly by its driver in a rash and negligent manner from the
same direction and dashed against the two wheeler, due to which impact,
the appellant fell and sustained grievous injuries.
6. In this appeal, the claimant has sought for further
enhancement of compensation on the ground that the Tribunal has
wrongly considered the monthly income of the appellant as Rs.10,000/-,
even though, the appellant was earning a sum of Rs.15,000/- p.m.
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C.M.A.No.1964 of 2020
7. Defending the impugned Judgment and decree, the learned
counsel for the second respondent – Insurance company submits that the
impugned Judgment and decree is well reasoned and requires no
interference.
8. He further submits that the appellant has not produced any
material evidence to prove the avocation and income of the appellant. In
absence of any material evidence with regard to avocation and income, a
sum of Rs.10,000/- per month fixed by the Tribunal as notional income of
the appellant and has also awarded 40% future prospects which is not
meagre. Therefore, he prayed for dismissal of the appeal.
9. I have considered the arguments advanced by the learned
counsel for the appellant and the respondent. I have also perused the
evidence on record and the impugned Judgment and Decree awarding the
aforesaid compensation to the appellant/claimant.
10. In my view, the notional income of the appellant as
Rs.10,000/- p.m. considered by the Tribunal appears to be low. The
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C.M.A.No.1964 of 2020
accident is of the year 2016 . Therefore, the notional income of the
appellant can be considered as Rs.12,500/- p.m. for the purpose of
computation of compensation. Similarly, the amount awarded towards
loss of amenities can be partially enhanced to Rs.40,000/- from
Rs.20,000/-. Accordingly, the compensation awarded by the Tribunal is
re-computed as follows:-
Heads Amount
Monthly income : Rs. 12,500/-
Add: Future prospects at 40% : Rs. 5,000/-
---------------
Rs.17,500/-
Annual Income (Rs./17,500x12) : Rs.2,10,000/-
Loss of earning
Rs.2,10,000/- x 18x40/100 : Rs.15,12,000/- Rs. 15,12,000/-
Pain and suffering Rs.30,000/-
Transport and extra nourishment Rs. 20,000/-
Medical expenses Rs. 3,07,691/-
Attender charges Rs. 20,000/-
Loss of amenities due to disability Rs. 40,000/-
Damage to clothes Rs. 1,000/-
Total Rs.19,30,691/-
Rounded off to
Rs.19,31,000/-
11. Therefore, the 2nd respondent – Insurance Company is
directed to deposit the re-quantified amount of compensation of
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C.M.A.No.1964 of 2020
Rs.19,31,000/- together with interest at 7.5% from the date of claim
petition till the date of such deposit to the credit of M.C.O.P.No.6005 of
2016 on the file of the Motor Accident Claims Tribunal (III Court of
Small Causes) Chennai, less any amount already deposited, within a
period of six weeks from the date of receipt of a copy of this Judgment.
12. On such deposit, the appellant /claimant is permitted to
withdraw the same together with interest, less any amount already
withdrawn, by filing suitable application before the Tribunal.
13. Accordingly, this Civil Miscellaneous Appeal is partly allowed
with the above observations. No costs.
21.04.2021
Index : Yes/No
Internet : Yes/No
kkd
To
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C.M.A.No.1964 of 2020
The Motor Accident Claims Tribunal
(III Court of Small Causes ) Chennai.
C.SARAVANAN,J.
kkd
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C.M.A.No.1964 of 2020
C.M.A.No.1964 of 2020
21.04.2021
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