Madras High Court
K.Pannerselvam vs Ramani Prabhakaran on 23 April, 2021
C.M.A.No.1575 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.1575 of 2020
K.Pannerselvam ... Appellant
S/o.Kumar
Vs.
1. Ramani Prabhakaran
2. United India Insurance Company Ltd.,
Siligi Building, 4th Floor,
No.134, Greams Road,
Chennai 600 006. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree dated 13.11.2018
made in M.A.C.T.O.P.No.5860 of 2016, on the file of the Motor
Accidents Claims Tribunal, VI Court of Small Causes, Chennai.
For Appellant : Mr.A.G.F.Terry Chella Raja
For Respondents :
For R1 : Exparte
For R2 : Mr.M.J.Vijayaraghavan
JUDGMENT
The claimant is the appellant in this appeal and is agrrieved by the
impugned Judgment and decree dated 13.11.2018 passed by the Motor
Accidents Claims Tribunal, VI Court of Small Causes, Chennai in
M.A.C.T.O.P.No.5860 of 2016.
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C.M.A.No.1575 of 2020
2. By the impugned Judgment and decree, the Tribunal has
awarded a sum of Rs.1,78,640/- as compensation for the following
injuries under the following heads:-
Injuries suffered by the appellant/claimant:-
(i) Grade-I open fracture neck of 4th & 5th metatarsal left foot.
(ii) Superficial raw area over dorsum of forefoot.
(iii) Puncture wound over dorsum of left foot.
(iv) K-wire fixation.
(v) Skin grafting.
(vi) Sever hearing injuruy.
(vii) Multiple injuries of all over the body.
Amount of Compensation awarded by the Tribunal:-
Sl.No. Heads of Compensation Amount Awarded by
the Tribunal
1. Disability Rs. 60,000/-
2. Pain and Suffering Rs. 30,000/-
3. Extra Nourishment Rs. 10,000/-
4. Transport to Hospital Rs. 10,000/-
5. Damages to Clothes Rs. 1,000/-
6. Attender Charges Rs. 13,500/-
7. Medical Expenses Rs. 29,140/-
8. Loss of Income Rs. 15,000/-
9. Loss of Amenities Rs. 10,000/-
Total Rs.1,78,640/-
Rounded off to
Rs.1,78,700/-
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C.M.A.No.1575 of 2020
3. The learned counsel for the appellant/claimant submits that the
Tribunal has erred in suo motu reducing the disability from 30% to 20%
and awarded the same at Rs.3,000/- per percentage. It is further
submitted that the appellant/claimant was admitted in the hospital for a
period of 27 days and has undergone surgery.
4. The Tribunal has failed to note the relevant factums
for awarding compensation. It is further submitted that this Court ought
to have awarded compensation at Rs.5,000/- per percentage. Therefore,
the compensation awarded towards disability has to be increased from
Rs.60,000/- to Rs.90,000/- i.e., Rs.3,000/-x30%.
5. Defending the impugned Judgment and decree, the learned
counsel for the 2nd respondent/Insurance Company submitted that the
Tribunal has awarded a just compensation. It is further submitted that as
per the 2nd schedule, Sl.No.43 of the Workmen's Compensation Act,
1923, the compensation payable to the worker is much lower. He further
submits that the appellant/claimant was directed to approach the Medical
Board to assess the disability. The appellant however failed to appear
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C.M.A.No.1575 of 2020
before the Medical Board. Instead of he has produced P.W.2 as a witness
who is a private physician.
6. Heard the learned counsel for the appellant and the 2 nd
respondent.
7. In my view, the nature of injuries that has been described above
has not resulted any permanent/partial disability. Therefore, the Tribunal
has by and large come to a fair conclusion while awarding a fair
compensation barring a reduction of disability assessed at 30% to 20%.
Though there is no disability, nevertheless, the injuries suffered by the
appellant/claimant are grievous in nature and therefore the appellant
deserves to suitably compensated.
8. Under these circumstances, there shall be a further enhancement
of Rs.30,000/- by considering the notional income of Rs.3,000/- per
percentage for 30% disability. As far as the other heads are concerned,
the compensation awarded by the Tribunal is reasonable and therefore
they are confirmed.
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C.M.A.No.1575 of 2020
9. Therefore, the amount of compensation awarded by the Tribunal
is re-quantified as follows:-
Heads and calculation Amount
Disability at 30%
Rs. 90,000/-
(Rs.3,000x30%)
Pain and Suffering Rs. 30,000/-
Extra Nourishment Rs. 10,000/-
Transport to Hospital Rs. 10,000/-
Damages to Clothes Rs. 1,000/-
Attender Charges Rs. 13,500/-
Medical Expenses Rs. 29,140/-
Loss of Income Rs. 15,000/-
Loss of Amenities Rs. 10,000/-
Total Rs. 2,08,640/-
10. The 2nd respondent/Insurance Company is directed to deposit
the above re-quantified amount of compensation of Rs.2,08,640/-
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.
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C.M.A.No.1575 of 2020
C.SARAVANAN, J
arb
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 in the same proportion as was ordered by the Tribunal.
12. This Civil Miscellaneous Appeal stands partly allowed. No
costs.
23.04.2021
arb
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
To:
1. The Motor Accidents Claims Tribunal,
VI Court of Small Causes, Chennai.
2. The Section Officer,
Vernacular Section,
Madras High Court.
C.M.A.No.1575 of 2020
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