Madras High Court
Karthick vs Soundaram on 23 April, 2021
C.M.A.No.4390 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.4390 of 2019
Karthick
S/o.Madhaiyan ... Appellant
Vs.
1.Soundaram
S/o.Palanisamy
2. The National Insurance Company Ltd.,
Salem D.O-II, 11/289,
Ramakrishna Road, Salem- 636 007. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree in in M.C.O.P.No.7
of 2017 dated 04.02.2019 on the file of the Motor Accidents Claims
Tribunal/Special Subordinate Judge No.II, Salem.
For Appellant : Mr.T.S.Arthanareeswaran
For Respondents :
For R1 : No Appearance
For R2 : Mr.S.Vadivel
JUDGMENT
The claimant is the appellant in this appeal. The claimant has filed
this appeal for enhancement of compensation.
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C.M.A.No.4390 of 2019
2. By the impugned Judgment and decree dated 04.02.2019 the
Tribunal has awarded a sum of Rs.2,51,433/- under the following heads:-
Sl.No. Heads of Compensation Amount Awarded by
the Tribunal
1. Annual Income Rs. 90,000/-
(Rs.7,500 x 12)
2. Annual Income by adding 40% future Rs. 1,26,000/-
prospects
(Rs.90,000x40%+Rs.90,000)
3. Compensation towards Loss of Income by Rs.22,68,000/-
applying the multiplier of 18
(Rs.1,26,000x18)
4. In total income of Rs.22,68,000/-, the Rs. 90,720/-
compensation towards Loss of future
income for 4% functional disability
5. Pain & Sufferings Rs. 10,000/-
6. Loss of Amenities Rs. 10,000/-
7. Medical Expenses Rs. 1,27,713/-
8. Transport Charges Rs. 2,500/-
9. Extra Nourishment Rs. 5,000/-
10. Attender Charges Rs. 5,000/-
11. Damages to Clothes Rs. 500/-
Total (4+5+6+7+8+9+10+11) Rs. 2,51,433/-
3. Heard the learned counsel for the appellant and the 2 nd
respondent.
4. The nature of injuries suffered by the appellant/claimant are as
follows:-
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C.M.A.No.4390 of 2019
(i) Crush Injury of right foot with lisfrac subluxation
(ii) Difficulty in Squating
(iii) Pain at the right ankle, partial loss of extension of all toes and
partial loss of sensation over dorsum of left foot.
5. In my view, the Tribunal ought not to have adopted multiplier
for the nature of injuries suffered by the appellant/claimant. The nature
of injuries is a temporary disability. Considering the nature of injury
suffered by the appellant/claimant, he still deserves to be compensated.
6. The compensation as against permanent disability can be
requantified to Rs.60,000/- at 12% by considering Rs.5000/- per
percentage. The compensation awarded under the other heads appears to
meagre. Considering the fact that the appellant/claimant would have
been subjected to lot of pain, discomfort and inconveniences, there shall
be some enhancement.
7. The appellant/claimant also would have out of work atleast for a
period of four months. The appellant/claimant has stated that he was a
bus conductor and earning a sum of Rs.20,000/- per month. However,
there is no evidence to substantiate the same. Considering that the
accident is of the year 2016, I am inclined to consider notional income of
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C.M.A.No.4390 of 2019
the appellant/claimant as Rs.15,000/- per month. Therefore, a sum of
Rs.60,000/- is awarded towards loss of income for a period of four
months during which the appellant would have been out of action.
8. Thus, the compensation awarded by the Tribunal is re-quantified
as follows:-
Heads and Calculation Amount
Loss of Income Rs. 60,000/-
Towards permanent disability at 12% Rs. 60,000/-
(Rs.5000/- x12)
Pain and Sufferings Rs. 25,000/-
Loss of Amenities Rs. 10,000/-
Medical Expenses Rs.1,27,713/-
Transportation Charges Rs. 7,500/-
Extra Nourishment Rs. 10,000/-
Attender Charges Rs. 7,500/-
Damages to Clothes Rs. 500/-
Total Rs.3,08,213/-
Rounded off to
Rs.3,08,200/-
9. By the impugned Judgment and decree, the Tribunal has ordered
pay and recovery of the award amount from the 1st respondent/owner of
the vehicle, the same is hereby confirmed.
10. The 2nd respondent/Insurance Company is directed to deposit
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C.M.A.No.4390 of 2019
the above re-quantified amount of compensation of Rs.3,08,200/-
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.
11. On such deposit being made by the 2nd respondent/Insurance
Company, the appellant/claimant is permitted to withdraw the same
together with interest accrued thereon, less any amount already
withdrawn if any, by filing suitable application before the Tribunal.
12. This Civil Miscellaneous Appeal is partly allowed with the
above observations and directions. No costs.
23.04.2021
arb
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
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C.M.A.No.4390 of 2019
C.SARAVANAN, J
arb
To:
1. The Motor Accidents Claims Tribunal,
Special Subordinate Judge No.II, Salem.
2. The Section Officer,
Vernacular Section,
Madras High Court.
C.M.A.No.4390 of 2019
23.04.2021
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