Madras High Court
The Divisional Manager vs Ponnusamy on 26 April, 2021
C.M.A.No.1840 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.1840 of 2019
The Divisional Manager,
M/s.The New India Assurance Company Ltd.,
Pondicherry. ... Appellant
Vs.
1. Ponnusamy,
S/o.Manickasamy
2. Kiruthika
D/o.Swaminathan ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the final award dated 03.08.2017 made in
M.C.O.P.No.635 of 2013 on the Motor Accident Claims Tribunal (In the
Court of Additional Sub Judge) at Pondicherry.
For Appellant : Mr.J.Michael Visuvasam
For Respondents :
For R1 : Ms.D.Kamatchi
For R2 : No Appearance
JUDGMENT
The Insurance Company is the appellant in this appeal. It is
aggrieved by the impugned Judgment and decree dated 03.08.2017
passed by the Motor Accidents Claims Tribunal, Additional Sub Judge,
Pondicherry in M.C.O.P.No.635 of 2013.
_________
https://www.mhc.tn.gov.in/judis/
Page No 1 of 6
C.M.A.No.1840 of 2019
2. By the impugned Judgment and decree dated 03.08.2017, the
Tribunal has awarded a sum of Rs.5,10,000/- as compensation under the
following heads:-
Permanent Disability Rs. 90,000/-
Pain and Sufferings Rs. 50,000/-
Future Income Rs. 3,60,000/-
Rich and nutritious food Rs. 5,000/-
Transportation Rs. 5,000/-
Total Rs. 5,10,000/-
3. The appellant/Insurance Company is aggrieved by the amount of
Rs.3,60,000/- awarded by the Tribunal towards future income by
applying wrong multiplier and wrongly computed the compensation.
4. Defending the impugned Judgment and decree, the learned
counsel for the 1st respondent/claimant submits that the Tribunal has
awarded a just compensation. She further submits that the award amount
may be confirmed and therefore prays for dismissal of the appeal.
5. I have considered the arguments advanced by the learned
counsel for the appellant and the 1st respondent.
_________
https://www.mhc.tn.gov.in/judis/
Page No 2 of 6
C.M.A.No.1840 of 2019
6.While computing compensation towards future income, the
Tribunal has adopted multiplier. The Tribunal has arrived at
Rs.3,60,000/- by taking the monthly income of the 1st
respondent/claimant as follows:-
Rs.3,000x12 = Rs.36,000/- - 1/3 amount
= Rs.24,000/- x 15
= Rs.3,60,000/-
7.The nature of injuries suffered by the 1st respondent/claimant is
grievous inasmuch as the accident resulted in fracture on left leg and left
tibial.
8.However, adoption of the multiplier on account of injury suffered
by the 1st respondent/claimant is unwarranted. The Tribunal should have
awarded compensation for loss of income during the period when the 1st
respondent/claimant would have been out of action.
9.The 1st respondent/claimant is stated to be a owner of the Tea
Stall and therefore it is quite reasonable to assume that he may have had
difficulty in walking during the period of 12 months. He would have
_________
https://www.mhc.tn.gov.in/judis/
Page No 3 of 6
C.M.A.No.1840 of 2019
required to engage service of 3rd person to run his tea stall. The accident
is of the year 2012 i.e., on 03.11.2012. The Tribunal has taken notional
income of the 1st respondent/claimant as Rs.3,000/- per month in absence
of any direct evidence.
10. Considering the fact that the accident is of the year 2012, I am
inclined to consider the notional income of the 1st respondent/claimant as
Rs.12,500/- per month. Therefore, a sum of Rs.1,50,000/- is hereby
awarded towards loss of income for a period of 12 months i.e.,
Rs.12,500/- x 12 = Rs.1,50,000/-.
11. Accordingly the compensation awarded by the Tribunal is
re-computed as follows:-
Heads and Calculation Amount
Permanent Disability (Injury) Rs. 1,00,000/-
Pain & Sufferings Rs. 50,000/-
Loss of Income Rs. 1,50,000/-
Extra nourishment Rs. 10,000/-
Transportation Rs. 10,000/-
Total Rs.3,20,000/-
_________
https://www.mhc.tn.gov.in/judis/
Page No 4 of 6
C.M.A.No.1840 of 2019
12. The learned counsel for the appellant/Insurance Company
submits that already 50% of the award amount has already been
deposited same stands recorded. In any event, the appellant/Insurance
Company is directed to deposit the aforesaid re-computed amount of
Rs.3,20,000/- 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.
13. On such deposit being made by the appellant/Insurance
Company, the 1st respondent/claimant is permitted to withdraw the same
together with interest accrued thereon, less the amount already
withdrawn if any, by filing suitable application before the Tribunal.
14. This Civil Miscellaneous Appeal stands partly allowed. No
costs.
26.04.2021
arb
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
_________
https://www.mhc.tn.gov.in/judis/
Page No 5 of 6
C.M.A.No.1840 of 2019
C.SARAVANAN, J
arb
To:
1. The Motor Accidents Claims Tribunal,
Court of Additional Sub Judge, Pondicherry.
2. The Section Officer,
Vernacular Section,
Madras High Court.
C.M.A.No.1840 of 2019
26.04.2021
_________
https://www.mhc.tn.gov.in/judis/
Page No 6 of 6
