Madras High Court
Dhanesh Kumar vs T.Tharsanraja Singh on 27 April, 2021
C.M.A.No.2109 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.04.2021
CORAM:
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.2109 of 2016
Dhanesh Kumar ...Appellant
Vs
1.T.Tharsanraja singh
2.Reliance General Insurance Company Ltd.,
Plot No.2054, Anna Nagar,
Chennai-40. ...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the decree and judgment dated 17.09.2014
made in M.C.O.P.No.753 of 2013 on the file of Motor Accident Claims
Tribunal, (III Small Causes Court), Chennai.
For Appellant : Mr.K.Varadhakamaraj
For Respondents : R1-unclaimed
Ms.Bhuvana Sundari for R2
1/10
http://www.judis.nic.in
C.M.A.No.2109 of 2016
JUDGMENT
This appeal has been filed by the claimant seeking enhancement of
compensation under the impugned Award dated 17.09.2014 passed by the
Motor Accident Claims Tribunal, (Court of Small Causes), Chennai in
M.C.O.P.No.753 of 2013.
2.The Appellant/claimant unsatisfied with the quantum of compensation
awarded by the Tribunal has preferred this appeal seeking for enhancement.
3.The details of the compensation awarded by the Tribunal under the
impugned Award are as follows:
Particulars Amount (Rs.)
Loss of income 6,000
Transport to hospital 7,000
Extra nourishment 7,000
Medical expenses 1,47,618,
Loss of amenities 5,000
Pain and suffering 25,000
Disability at 40% at Rs.2,000/- per 80,000
percentage
Total Rs.2,78,118/-
http://www.judis.nic.in
C.M.A.No.2109 of 2016
4.Mr.K.Varadhakamaraj, learned counsel for the Appellant and
Ms.Bhuvana Sundari, learned counsel for the second respondent.
5a.The Appellant/claimant has sustained injuries as a result of an
accident caused by a vehicle owned by the first respondent and insured with
the second respondent. The details of the injuries sustained by the
Appellant/claimant are as follows:
(a)fracture in right shoulder joint
(b)fracture at left 2, 3, 4 rib
(c)left haemothorax
5b.The Doctor who examined the Appellant/claimant (PW2) has
assessed his disability at 40%. The Tribunal has awarded the disability
compensation of Rs.80,000/- calculated at Rs.2,000/- per percentage of
disability.
5c.The Appellant/claimant was an inpatient for a period of 16 days
between 05.12.2012 and 21.12.2012 and to prove the same, the
http://www.judis.nic.in
C.M.A.No.2109 of 2016
Appellant/claimant has also filed the discharge summary issued by the
hospital which has been marked as Ex.P3 before the Tribunal. After giving
due consideration to the long period of his hospitalization and the nature of
injuries, this Court is of the considered view that the disability compensation
awarded by the Tribunal to the Appellant/claimant at Rs.80,000/- is low and
it has to be enhanced. This Court enhances the disability compensation of
the Appellant/claimant at Rs.1,20,000/- calculated at Rs.3,000/- per
percentage of disability for the 40% disability suffered by the
Appellant/claimant instead of Rs.80,000/- assessed by the Tribunal
calculated at Rs.2,000/- per percentage of disability.
6.The Appellant/claimant was a Battery Bank Technician aged 24
years at the time of the accident. The nature of avocation of the
Appellant/claimant has also not been disputed by the respondents as seen
from the evidence available on record.
7.The accident happened on 05.12.2012. After giving due
consideration to the year of the accident and the nature of avocation of the
http://www.judis.nic.in
C.M.A.No.2109 of 2016
Appellant/claimant, this Court is of the considered view that the fixation of
notional monthly income at Rs.6,000/- is low and it has to be enhanced to
Rs.8,000/- instead of Rs.6,000/- fixed by the Tribunal.
8.The Tribunal has awarded only a compensation of Rs.6,000/- to the
Appellant/claimant towards loss of income during the treatment period
which has to be necessarily enhanced considering the nature of injuries
sustained by the Appellant/claimant.
9.Since the monthly income of the Appellant/claimant is fixed at
Rs.8,000/- by this Court, after giving due consideration to the nature of
injuries sustained by the Appellant/claimant, this Court fixes the loss of
income of the Appellant/claimant during the treatment period at Rs.24,000/-
calculated for a period of three months at Rs.8,000/- per month instead of
Rs.6,000/- per month fixed by the Tribunal. Accordingly, the loss of income
during the treatment period is enhanced from Rs.6,000 to Rs.24,000/- by
this Court.
http://www.judis.nic.in
C.M.A.No.2109 of 2016
10.The Tribunal has rightly awarded a sum of Rs.500/- towards
damage to clothing, Rs.1,47,618/- towards medical expenses based on the
bills submitted by the Appellant/claimant and Rs.25,000/- towards pain and
suffering which are confirmed by this Court. However, the Tribunal has
awarded a lesser compensation towards transportation cost, extra
nourishment and loss of amenities which has to be necessarily enhanced and
the same is enhanced to Rs.10,000/-, Rs.10,000/- and Rs.15,000/-
respectively.
11.The Tribunal has also failed to Award any compensation to the
Appellant/claimant towards attender charges as the nature of injuries
sustained by him entitles him to claim the same. This Court Awards a
compensation of Rs.10,000/- to the Appellant/claimant towards attender
charges.
12.For the foregoing reasons, this Court enhances the compensation
awarded by the Tribunal from Rs.2,78,118/- to Rs.3,62,118/- as detailed
hereunder:
http://www.judis.nic.in
C.M.A.No.2109 of 2016
Particulars Award Enhanced/m
Amount (Rs.) odified
Amount
Loss of income for months 6,000 24,000
(Rs.8,000 x 3 months)
Transport to hospital 7,000 10,000
Extra nourishment 7,000 10,000
Medical expenses 1,47,618, 1,47,618,
Loss of amenities 5,000 15,000
Pain and suffering 25,000 25,000
Disability at 40% at Rs.3,000/- 80,000 1,20,000
per percentage
Attender charges - 10,000
Total Rs.2,78,118/- Rs.3,62,118/-
13.In the result, the appeal is partly allowed. The second respondent
Insurance Company is directed to deposit the modified amount awarded by
this Court together with interest at the rate of 7.5% per annum, however,
since the appeal has been filed by the Appellant/claimant with the delay of
529 days, the Appellant/claimant is not entitled for any interest for the said
period of 529 days and is only entitled for interest for the remaining period
after deducting the amount already deposited, if any to the credit of
MCOP.No.753 of 2013 within a period of four weeks from the date of
http://www.judis.nic.in
C.M.A.No.2109 of 2016
receipt of a copy of this Judgment. On such deposit being made, the
Tribunal shall transfer the amount lying to the credit of MCOP.No.753 of
2013 to the bank account of the Appellant/claimant through RTGS within a
period of one week thereafter. No costs.
27.04.2021
Index:Yes/No
Internet:Yes/No
Speaking/Non-speaking order
pam
http://www.judis.nic.in
C.M.A.No.2109 of 2016
To
1.The Motor Accident Claims Tribunal,
(III Small Causes Court), Chennai.
2.The Section Officer
V.R.Section, High Court of Madras.
http://www.judis.nic.in
C.M.A.No.2109 of 2016
ABDUL QUDDHOSE, J.
pam
C.M.A.No.2109 of
27.04.2021
http://www.judis.nic.in
