The Divisional Officer vs Panneerselvam
2021 Latest Caselaw 10290 Mad

Citation : 2021 Latest Caselaw 10290 Mad
Judgement Date : 22 April, 2021

Madras High Court

The Divisional Officer vs Panneerselvam on 22 April, 2021

                                                                                 C.M.A.No.1642 of 2020

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 22.04.2021

                                                       CORAM

                                   THE HON'BLE MR.JUSTICE C.SARAVANAN

                                             C.M.A.No.1642 of 2020
                                                      and
                                             C.M.P.No.12096 of 2020
                 The Divisional Officer,
                 M/s New India Assurance Co. Ltd.,
                 No.30, Jawarharlal Nehru Street,
                 Pondy.                                                    ... Appellant

                                                          Vs.
                 1.Panneerselvam,
                   S/o.Periyasamy
                 2.Sakthi Agencies,
                   Thiru-Vi-Ka Industrial Estate,
                   Guindy, Chennai – 600 032.                              ... Respondents

                       Civil Miscellaneous Appeal filed under Section 173 of Motor
                 Vehicles Act, 1988 against the Judgment and Decree dated 15.07.2019
                 made in M.C.O.P.No.39 of 2017 on the file of the Motor Accidents
                 Claims Tribunal (Principal Subordinate Judge) at Vridhachalam.

                                   For Appellant       : Mr.R.Sreevidhya
                                   For R1              : No appearance

                                                     JUDGMENT

Though notice has been served on the 1st respondent/claimant,

there is no representation on his behalf. Hence this appeal is taken up for

final hearing.

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2. The Insurance Company is the appellant in this appeal and is

aggrieved by the impugned Judgment and decree dated 15.07.2019

passed by the Motor Accidents Claims Tribunal, Principal Subordinate

Judge, Vridhachalam in M.C.O.P.No.39 of 2017.

3. By the impugned Judgment and decree, the Tribunal has

awarded a sum of Rs.3,03,280/- as compensation to the 1st

respondent/claimant under the following heads:-

Heads of Compensation Amount Awarded by the Tribunal Loss of Future Income Rs.1,61,280/- Permanent Disability Rs. 36,000/- Loss of Income during the treatment Rs. 45,000/- period Pain and Sufferings Rs. 25,000/- Loss of Discomfort Rs. 20,000/-

Transportation Charges Rs. 10,000/- Extra Nourishment Rs. 5,000/-

                      Attender Charges                   Rs.   1,000/-
                      Total                              Rs.3,03,280/-

4. The learned counsel for the appellant/Insurance Company

submits that the Tribunal erred in awarding a sum of Rs.1,61,280/-

towards loss of future income at Rs.8,000/- per month. It is submitted

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that the 1st respondent/claimant is an agriculturalist who stated that he

was earning Rs.15,000/- per month. However, there is no documents to

establish/substantiate the same.

5. I have considered the arguments advanced on behalf of the

appellant. I have also perused the documents marked as exhibits before

the Trinbunal. The Tribunal has considered a very meagre notional

income of Rs.8,000/- per month of the 1st respondent/claimant. It should

have considered a slightly higher notional income of the 1st

respondent/claimant, even if no documents were filed to substantiate the

same. Thus, the compensation that would have been awarded much

higher. Since, no appeal has been filed by the 1st respondent/claimant, I

am not disturbing the compensation in award baring a minor

enhancement.

6. Considering the nature of injuries suffered by the 1st

respondent/claimant, this Court is inclined to modify the compensation

as follows:-

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Heads and calculation Amount Loss of Future Income Rs. 1,61,280/-

Permanent Disability at 12% Rs. 36,000/-

                     Loss of Income                                     Rs.     75,000/-
                     Pain & Sufferings                                  Rs.     25,000/-
                     Towards Discomfort                                 Rs.     20,000/-
                     Transportation Charges                             Rs.     10,000/-
                     Extra Nourishment                                  Rs.     10,000/-
                     Attender Charges                                   Rs.     10,000/-
                     Loss of Amenities                                  Rs.     15,000/-
                     Total                                              Rs. 3,62,280/-

7. The appellant/Insurance Company is directed to deposit the

above re-quantified amount of compensation of Rs.3,62,280/- 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 six weeks from the date of receipt of a copy of

this Judgment.

8. On such deposit being made by the appellant/Insurance

Company, the 1st respondent/claimant is permitted to withdraw the same

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together with interest accrued thereon, less any amount already

withdrawn in the same proportion as was ordered by the Tribunal.

9. This Civil Miscellaneous Appeal stands partly allowed. No