Madras High Court
A.Ramasamy vs Aghin Roadways on 23 April, 2021
C.M.A.No.1803 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.1803 of 2020
(Through Video Conferencing)
A.Ramasamy ... Appellant
vs.
1.Aghin Roadways
No.37/5, Mulakathavu Panthakal,
Mahi (M),
Pondicherry 673 310.
( Since R1 remained exparte before the
Tribunal, his presence may be dispensed with)
2.Reliance General Insurance Company Ltd.,
No.6, Haddows Road,
Chennai 600 006. ... Respondents
Prayer: Civil Miscellaneous Appeals filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree dated 09.08.2019
made in M.A.C.T.O.P.No.4653 of 2014 on the file of the Motor Accident
Claims Tribunal (Special Sub Court No.2 ) Small Causes Court,
Chennai.
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C.M.A.No.1803 of 2020
For Appellant : Mr.A.G.F.Terry Chella Raja
For 2nd respondent : Mr.K.Vinod
JUDGMENT
The claimant is the appellant in this appeal. He is aggrieved by
the impugned Judgment and decree dated 09.08.2019 passed by the
Motor Accident Claims Tribunal (Special Sub Court No.2) Small Causes
Court, Chennai in M.C.O.P.No.4653 of 2014.
2. By the impugned Judgment and Decree, the Tribunal has
awarded a sum of Rs.3,80,400/- 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 amount awarded by the Tribunal are
summarised below:-
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C.M.A.No.1803 of 2020
S.No. Heads Amount awarded by the
Tribunal
1 Permanent disability Rs. 27,000/-
2 Pain and sufferings Rs. 50,000/-
3 Loss of income Rs. 54,000/
4 Transport to hospital Rs. 15,000/-
5 Extra nourishment Rs. 20,000/-
6 Damage to clothes Rs. 1,000/-
7 Attender charges Rs. 15,000/-
6 Medical expenses Rs.1,68,344,40
7 Future Medical expenses Rs. 20,000/-
8 Mental agony Rs. 10,000/-
Total Rs.3,80,344.40 /-
rounded off to
Rs.3,80,400/-
4. In this appeal, the appellant/claimant seeks for enhancement of
compensation.
5. The case of the appellant is that on 10.04.2014 at about 10.00
hrs. when the appellant was driving his Mahindra Maxximo Van bearing
Reg.No.TN.18.K.2191 near Mundiyambakkam Govt. Hospital, the
claimant has stopped his vehicle. It is stated that a lorry bearing
Reg.No.TN PY 03 2444 belonging to the 1st respondent insured with the
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C.M.A.No.1803 of 2020
2nd respondent was driven in a rash and negligent manner and hit the said
van, as a result of which, the appellant sustained grievous injuries.
6. As per Ex.C.1 – disability certificate of the appellant, he
suffered the following injuries:-
“ Fracture both bone left leg.. left knee ROM is full
and free and left ankle ROM is restricted, the total
disability due to this injury is about 9% .”
7. Under these circumstances, a claim petition was filed for
compensation by the appellant/claimant before the Tribunal. After
considering the evidence on record, the Tribunal has awarded the
aforesaid compensation of Rs.3,80,400/- and interest as compensation.
8. The learned counsel for the appellant submits that the Tribunal
has awarded low compensation by considering 9% disability by applying
percentage method. It is submitted that the compensation awarded is
disproportionate to the injuries suffered albeit “permanent disability” of
the appellant/ claimant.
9. The learned counsel for the 2nd respondent Insurance
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C.M.A.No.1803 of 2020
company submits that the appellant has claimed that he was working as a
driver but has not produced any evidence to prove either his avocation or
income and therefore the Tribunal has awarded a sum of Rs.3,80,400/-
which is a just compensation to the appellant. Hence, he prays for
dismissal of the present appeal.
10. I have considered the arguments advanced by the leanred
counsel for both sies and I have also perused the evidence on record.
11. The appellant was on wheels of the Mahindra Maxximo Van
bearing registration No.TN-18-K-2191 when it was hit by a lorry bearing
registration No.PY-03-2444 of the first respondent. In the process, the
Mahindra Maxximo Van hit three other vehicles which were in front of it,
as a result of which, all the vehicles got damaged. Due to the impact of
the accident, the appellant also suffered injuries.
12. Considering the fact that the appellant was injured while in
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C.M.A.No.1803 of 2020
the vehicle, there cannot be a dispute that the appellant was a driver. The
said Van driven by the appellant belongs to one K.Palraj. Therefore, it is
beyond any shadow of doubt that the appellant was the driver of the said
Van. The said K.Palraj was his employer. In any event, the second
respondent Insurance Company has not questioned the status of the
appellant as the driver of the said Van before the Tribunal. Therefore,
such a defence is not available before this Court.
13. Considering the fact that there is a restricted movement of his
left ankle and left knee and the appellant was aged about 54 years and
therefore the accident is of the year 2014, this court is inclined to
conclude that the appellant was indeed a driver and he was earning a
sum of Rs.9,000/- p.m, consequently, there shall be an additional
compensation of 10% for future prospects.
14. In fine, the compensation awarded by the Tribunal, is partially
enhanced as follows:
S.No. Heads Amount awarded by
the Tribunal
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C.M.A.No.1803 of 2020
1 Permanent disability
9,000 + 900 ( 10% future
prospects)(9900 x 12 x11 x 9/100) Rs. 1,17,612/-
2 Pain and sufferings Rs. 50,000/-
3 Transport expenses Rs. 15,000/-
4 Extra nourishment Rs. 20,000/-
5 Medical expenses Rs. 1,68,344/-
6 Future Medical expenses Rs. 20,000/-
7 Mental agony Rs. 10,000/-
8 Damage to clothes and articles Rs. 1,000/-
9 Attender charges Rs. 15,000/-
Rs. 4,16,956/-
rounded off to
Rs.4,17,000/-
15. Since the amount is awarded towards future prospects also,
there is no separate amount towards loss of income. Accordingly, a sum
of Rs.54,000/- towards loss of income is hereby deleted.
16. The 2rd respondent Insurance Company is therefore directed
to deposit the enhanced amount of compensation of Rs. 4,17,000/-
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.1803 of 2020
C.SARAVANAN,J.
kkd
17. 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.
18. 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
(Special Sub Court No.2 )
Small Causes Court, Chennai.
C.M.A.No.1803 of 2020
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