Madras High Court
Nedunchezian vs Anidoll on 21 April, 2021
C.M.A.No.1850 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.04.2021
CORAM:
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.1850 of 2016
Nedunchezian ...Appellant
Vs
1.Anidoll
2.National Insurance Company Ltd.,
No.751, Anna Salai,
Chennai – 02. ...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the decree and judgment dated 27.11.2014 made
in M.C.O.P.No.338 of 2012 On the file of Motor Accident Claims Tribunal,
(III Small Causes Court) Chennai.
For Appellant : Mr.K.Varadhakamaraj
For Respondents : R1-sd-NA
Mr.J.Michael Visuvasam for R2
1/10
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1850 of 2016
JUDGMENT
This appeal has been filed by the claimant seeking for enhancement of
compensation under the impugned Award dated 27.11.2014 passed by the
Motor Accident Claims Tribunal, III Court of Small Causes, Chennai in
M.C.O.P.No.338 of 2012.
2.The Appellant/claimant unsatisfied with the quantum of compensation
awarded by the Tribunal has preferred this appeal seeking for enhancement.
3.Heard Mr.K.Varadha Kamaraj, learned counsel for the Appellant
and Mr.J.Michael Visuvasam, learned counsel for the second respondent.
4.The details of the compensation awarded by the Tribunal under the
impugned Award are as follows:
Particulars Amount (Rs.)
Loss of income 15,000
Transport to hospital 10,000
Extra nourishment 7,000
Medical expenses 5,768
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C.M.A.No.1850 of 2016
Particulars Amount (Rs.)
Loss of amenities 5,000
Pain and suffering 30,000
Disability at 40% at Rs.1,800/- 72,000
per percentage
Total Rs.1,45,268
5.Appellant/claimant is an Auditor in Mars Consultants and in his
claim petition, he has pleaded that he was earning Rs.20,000/- per month.
6.The Tribunal has fixed the monthly income of the
Appellant/claimant at Rs.15,000/- based on the evidence available on
record. Therefore, the said assessment is a correct assessment and there is
no scope for interference by this Court.
7.The Appellant/claimant has sustained the following injuries:
(i) Bicondylar fracture left tibia
(ii) for repairing the same, steel plate fixed on the Appellant/claimant
through open surgery.
The Appellant/claimant was an inpatient at St.Isabels Hospitals from
18.11.2011 to 08.12.2011 for a period of 20 days. The nature of injuries
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C.M.A.No.1850 of 2016
sustained by the Appellant/claimant as well as the period of hospitalization
has not been disputed by the respondents before the Tribunal as seen from
the evidence available on record.
8.The Tribunal has assessed the disability of the Appellant/claimant
at 40% after giving due consideration to the disability certificate issued by
the Doctor who examined the Appellant/claimant (PW2).
9.This Court after giving due consideration to the nature of injuries
sustained by the Appellant/claimant is of the considered view that the
assessment of the disability of the Appellant/claimant at 40% even though
the Doctor has assessed the disability at 50% is a correct assessment.
10.The Tribunal has awarded a compensation of Rs.15,000/- towards
loss of income to the Appellant/claimant at Rs.15,000/- calculated for a
period of one month.
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C.M.A.No.1850 of 2016
11.This Court is of the considered view that in view of the nature of
injuries sustained by the Appellant/claimant as indicated above, the
Tribunal ought to have awarded a higher compensation towards loss of
income to the Appellant/claimant as he would have been unable to do his
regular employment as an Auditor for more number of months.
12.This Court is of the considered view that for a period of almost 3
months, the Appellant/claimant would have been unable to do his regular
employment as a result of the injuries sustained by him due to the accident.
This Court, therefore enhances loss of income fixed by the Tribunal from
Rs.15,000/- to Rs.40,000/-.
13.The accident happened in the year 2011. The Tribunal has failed
to give due consideration to the year of the accident before fixing the
disability compensation. The Tribunal has awarded only a sum of
Rs.1,800/- per percentage of disability for an accident that happened in the
year 2011 which has to be necessarily enhanced by this Court.
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C.M.A.No.1850 of 2016
14.After giving due consideration to the year of the accident, this
Court enhances the disability compensation from Rs.72,000/- to
Rs.1,20,000/- calculated at Rs.3,000/- per percentage of disability for the
40% disability suffered by the Appellant/claimant.
15.The Tribunal has also failed to Award any compensation towards
attender charges which he is legally entitled to in view of the nature of the
injuries sustained by him and the period of his hospitalization. Accordingly,
this Court fixes a sum of Rs.10,000/- towards attender charges.
16.The Tribunal has also awarded a lesser compensation towards
extra nourishment charges, damage to clothing and loss of amenities which
has to be necessarily enhanced to Rs.10,000/-, Rs,1,000/- and Rs.10,000/-
respectively.
17.Insofar as the compensation awarded by the Tribunal under the
heads transport to hospital, pain and suffering and medical expenses are
concerned, the same is a just compensation and there is no scope for
interference.
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C.M.A.No.1850 of 2016
18.For the foregoing reasons, this Court enhances the compensation
awarded by the Tribunal to the Appellant/claimant from Rs.1,45,268/- to
Rs.2,36,768/- as detailed hereunder:
Particulars Award enhanced
Amount Amount
(Rs.)
Loss of income 15,000 40,000
Transport to hospital 10,000 10,000
Extra nourishment 7,000 10,000
Damage to clothing 500 1,000
Medical expenses 5,768 5,768
Loss of amenities 5,000 10,000
Pain and suffering 30,000 30,000
Disability at 40% at Rs.1,800/- 72,000 1,20,000
per percentage
Total Rs.1,45,268/- Rs.2,36,768/
-
19.In the result, the appeal is partly allowed. The second respondent
Insurance Company is directed to deposit the modified amount awarded by
this Court together with interest at the rate of 7.5% per annum from the date
of claim till the date of deposit after deducting the amount already deposited
if any to the credit of MCOP.No.338 of 2012 within a period of four weeks
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C.M.A.No.1850 of 2016
from the date of receipt of a copy of this Judgment. On such deposit being
made, the Tribunal shall transfer the amount lying to the credit of
MCOP.No.338 of 2012 to the bank account of the Appellant through RTGS
within a period of one week thereafter. No costs.
21.04.2021
Index:Yes/No
Internet:Yes/No
Speaking/Non-speaking order
pam
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1850 of 2016
To
1.The Motor Accident Claims Tribunal,
(III Small Causes Court), Chennai.
2.The Section Officer
V.R.Section, High Court of Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1850 of 2016
ABDUL QUDDHOSE, J.
pam
C.M.A.No.1850 of 2016
21.04.2021
https://www.mhc.tn.gov.in/judis/
