S.Sundaram vs K.Murugeshan
2021 Latest Caselaw 10721 Mad

Citation : 2021 Latest Caselaw 10721 Mad
Judgement Date : 27 April, 2021

Madras High Court

S.Sundaram vs K.Murugeshan on 27 April, 2021

                                                                               C.M.A.No.3107 of 2012

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 27.04.2021

                                                           CORAM:

                                   THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                                 C.M.A.No.3107 of 2012

                     S.Sundaram                                          ...    Appellant

                                                           Versus
                     1.K.Murugeshan

                     2.P.Murugesan

                     3.United India Insurance Co. Ltd.,
                     Udumalpet Branch having its registered
                     Office at No.178, Dr. Nanjappa Road,
                     Coimbatore – 641 018.                               ...    Respondents

                     Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                     Vehicles Act, against the judgment and decree dated 30.11.2011 made in
                     M.C.O.P.No.89 of 2007 on the file of the Motor Accident Claims Tribunal,
                     Additional District Judge/Fast Track Court No.2, Coimbatore.
                                           For Appellant     : Mr.A.S.Vijaya Raghavan

                                           For R1 & R2       : No Appearance
                                           For R3            : M/s.I.Malar




                     Page 1 of 8


https://www.mhc.tn.gov.in/judis/
                                                                              C.M.A.No.3107 of 2012

                                                   JUDGMENT

This appeal is laid as against the judgment and decree dated

30.11.2011 made in M.C.O.P.No.89 of 2007 on the file of the Motor

Accident Claims Tribunal, Additional District Judge/Fast Track Court No.2,

Coimbatore.

2. For the sake of convenience, the parties are referred to

hereunder according to their litigative status before the Tribunal.

3. The case of the claimant is that on 10.08.2004, when he was

riding his motor cycle on the left side of the road, the lorry, which was going

opposite side in a rash and negligent manner without adhering to the traffic

rules and dashed against the appellant. Due to the said accident, the

claimant sustained injuries on the left hand and face. Thereafter, he was

taken to C.M.C. Hospital, Coimbatore, where first aid was given.

Thereafter, he was shifted to Ganga Hospital and admitted as inpatient and

he has undergone surgery in the left hand and discharged only on

16.08.2004. Thereafter, he had taken a treatment as out patient. Hence, the

claim petition.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.3107 of 2012

4. Resisting the same, the third respondent filed a counter stating

that the accident took place only due to the rash and negligent driving of the

driver of the lorry and as such, the third respondent being the insurer of the

vehicle owned by the second respondent, the third respondent is not held to

be liable to pay any compensation as claimed by the claimant and sought for

dismissal of the claim petition.

5. On the side of the claimant, he examined P.W.1 and P.W.2 and

marked Ex.P1 to E.P12. On the side of the respondents, no one was

examined and no exhibits were marked. On the basis of the evidence

available on records and also considering the submission made by the

learned counsel appearing on either side, the Tribunal fastened the liability

on the third respondent and awarded a sum of Rs.1,01,763/- as

compensation. Aggrieved by the same, the claimants filed the present

appeal for enhancement of compensation.

6. The learned counsel appearing for the claimant would submit

that the claimant suffered fracture on his left forearm and he was fixed

plate. Therefore, he could not able to continue his job. He is having

utensils shop at Madukarai, Coimbatore. He had incurred medical expenses

https://www.mhc.tn.gov.in/judis/ C.M.A.No.3107 of 2012

and also plate which was fixed at left hand. Even then, the Tribunal failed

to award future medical expenses. Insofar as disability is concerned, he was

assessed 25% permanent disability. Though, the claimant was earned a sum

of Rs.6,000/- p.m, the Tribunal had taken only Rs.3,000/- as monthly

income even without adopting the multiplier method and awarded only for

months under the head of Loss of Income. Therefore, the compensation

awarded by the Tribunal is liable to be enhanced.

7. Per contra, the learned counsel for the first respondent would

submit that though the claimant claimed future medical expenses, there is no

iota of evidence that he was directed to remove the plate fixed on the left

hand. Due to the injury, there is absolutely no loss of earning and as such

the Tribunal rightly awarded the compensation fixing a sum of Rs.1,500/-

per percentage for the disability.

8. Heard, the learned counsel for the appellant as well as the

learned counsel for the respondents.

9. The accident was took place only on the negligence of the

driver of the vehicle owned by the second respondent. Due to which, the

claimant sustained fracture on his left hand and undergone surgery. The

https://www.mhc.tn.gov.in/judis/ C.M.A.No.3107 of 2012

disability assessed at 24%. He is doing a business and was earning a sum of

Rs.6,000/- per month at the time of accident. He had also taken treatment

for six months, after discharging from the hospital. The Tribunal has taken

Rs.1,500/- per percentage on disability and it is liable to be enhanced.

Considering the above, the award passed by the Tribunal is modified as

follows:

Heads Amount awarded by Amount modified by the Tribunal (Rs.) this Court (Rs.) Permanent Disability 36,000.00 48,000.00 Loss of income 9,000.00 24,000.00 Transport charges 2,000.00 5,000.00 Extra Nourishment 5,000.00 10,000.00 Damages of Cloth 500.00 500.00 Medical Expenses 31,763.00 31,763.00 Attender 2,500.00 10,000.00 Pain and Suffering 15,000.00 25,000.00 TOTAL 1,01,763.00 1,54,263.00

10. In the result the Civil Miscellaneous Appeal is partly allowed

as follows:-

(i) The award passed by the Tribunal is enhanced from Rs.1,01,763/-

to Rs.1,54,263/-.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.3107 of 2012

(ii) The award amount will carry the interest at the rate of 7.5% per

annum from the date of the claim petition till the date of deposit.

(iii) The third respondent/Insurance Company is directed to deposit

the award amount, less the amount, if any, already deposited, along with

accrued interest within a period of six weeks from the date of receipt of

copy of this Judgment.

(iv) On such deposit, the claimant is permitted to withdraw the