Madras High Court
Khader vs Gopalsamy on 23 April, 2021
C.M.A.No.1328 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.1328 of 2020
(Through Video Conferencing)
Khader ... Appellant
vs.
1.Gopalsamy
(R1 remained exparte before the Tribunal)
2.United India Insurance Co., Ltd.,
Divisional Office III, Arjuna Towers,
2nd Floor, D.No.248/164, Cherry Road,
Salem 636 301. ... Respondents
Prayer: Civil Miscellaneous Appeals filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree dated 22.12.2011
made in M.A.C.T.O.P.No.172 of 2002 on the file of the Motor Accident
Claims Tribunal (Additional Sub Court ) Thiruvannamalai.
For Appellant : Mrs.A.Subdra for
M/s.Malar
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C.M.A.No.1328 of 2020
For 1st Respondent : No Appearance
For 2nd respondent : Mr.C.Paranthaman
JUDGMENT
The claimant is the appellant in this appeal. He is aggrieved by the
impugned Judgment and decree dated 22.12.2011 passed by the Motor
Accident Claims Tribunal (Additional Sub Court) Thiruvannamalai in
M.A.C.T.O.P.No.172 of 2002.
2. By the impugned Judgment and Decree, the Tribunal has
awarded a sum of Rs.1,24,000/- as compensation together with interest at
7.5% per annum from the date of claim petition till the date of payment,
to the appellant/claimant.
3. The break up of the compensation awarded by the Tribunal are
summarised below:-
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C.M.A.No.1328 of 2020
S.No. Heads Amount awarded by the
Tribunal
1 Permanent disability Rs. 80,000-
2 Pain and sufferings Rs. 25,000/-
3 Loss of income Rs. 9,000
4 Transport to hospital Rs. 5,000/-
5 Extra nourishment Rs. 5,000/-
Total Rs.1,24,000/-
4. Aggrieved by the compensation awarded, the appellant/claimant
seek for enhancement of compensation in this appeal.
5. The case of the appellant is that on 05.10.2000 at about 10.00
p.m. when the appellant was travelling as a pillion rider on a motorcycle
bearing Reg.No.T.S.L.8907 near the Fish market at Thandrampet,
Tiruvannamalai, the insured van bearing Reg.No.TN 25 P 9799
belonging to the 1st respondent insured with the 2nd respondent was
driven by its driver, allegedly in a rash and negligent manner and hit the
said motorcycle, as a result of which, the appellant sustained grievous
injuries.
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C.M.A.No.1328 of 2020
6. As per Ex.P3-Wound Certificate, the appellant-claimant
suffered the following injuries:
i) Grade II compound fracture in the shift of femur middle
1/3, fracture in the tibial plateau.
ii) Lacerated injury in the right occipital region 5 cm x
0.75 cm bleeding from both the nostrils
iii) Contusion in the left side of the chest 15 cm x 10 cm in
size, multiple lacerated injury in front of the right knee
5 cm x 2 cmx 1.5 cm in size
iv) Multiple lacerated injury infront of the right knee 5 cm
x 2 cm x 1.5 m in size
v) Lacerated injury in the dorsam of right foot 1 cm x 0.5
cm
vi) Lacerated injury below the chin 4 cm x 1cm x 0.75
cm.
7. The learned counsel for the appellant submits that the appellant
was aged about 21 years and earning a sum of Rs.3,000/- p.m. and was
hospitalized for the period of 33 days for the injuries and that there was a
shortening of the leg. He further submits that the Tribunal has awarded a
sum of Rs.1,24,000/- which is meager. It is submitted that the Tribunal
ought to have awarded compensation by applying the multiplier method.
Hence he prays for enhancement of compensation.
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C.M.A.No.1328 of 2020
8. The learned counsel for the 2nd respondent Insurance company
submits that the impugned Judgment and decree is well reasoned and
requires no interference. Hence he prayed for dismissal of the present
appeal.
9. Heard the learned counsel for both sides and I have perused the
impugned Judgment and decree passed by the Tribunal.
10. In my view, the Tribunal has by and large awarded a just
compensation. However, considering the facts and circumstances of the
case, no amount has been awarded by the Tribunal towards loss of
income during the treatment period, during which period the appellant
would have lost earning.
11. Considering the same, I am inclined to consider the monthly
income of the appellant as Rs.3,000/- and therefore to enhance the
compensation by another sum of Rs.27,000/- ( Rs.3,000/- x 9 months) for
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C.M.A.No.1328 of 2020
the period of 9 months. The amount of compensation awarded under the
other heads are confirmed. The compensation is re-quantified as
follows:-
S.No. Heads Amount awarded by the
Tribunal
1 Permanent disability Rs. 80,000/-
2 Pain and sufferings Rs. 25,000/-
3 Loss of income Rs 27,000/-
4 Transport to hospital Rs. 5,000/-
5 Extra nourishment Rs. 5,000/-
Total Rs.1,42,000/-
12. Since there is a delay in filing the appeal before the Tribunal,
there shall be no interest during the period of delay.
13. The 2rd respondent Insurance Company is therefore directed
to deposit the enhanced amount of compensation of Rs. 1,42,000/-
together with interest at 7.5% per annum from the date of claim petition
till the date of such deposit, less any amount already deposited, 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.1328 of 2020
14. On such deposit, the appellant/claimant is permitted to
withdraw the aforesaid amount of compensation, less any amount already
withdrawn, by filing suitable application before the Tribunal.
15. Accordingly, this Civil Miscellaneous Appeal is partly
allowed with the above observations. No cost.
23.04.2021
Index : Yes/No
Internet : Yes/No
kkd
To
The Motor Accident Claims Tribunal
(Additional Sub Court) Thiruvannamalai.
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C.M.A.No.1328 of 2020
C.SARAVANAN,J.
kkd
C.M.A.No.1328 of 2020
23.04.2021
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