B.Ramesh vs V.Nishokkumar
2021 Latest Caselaw 10844 Mad

Citation : 2021 Latest Caselaw 10844 Mad
Judgement Date : 28 April, 2021

Madras High Court

B.Ramesh vs V.Nishokkumar on 28 April, 2021

                                                                         C.M.A.No.882 of 2020

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                            DATED: 28.04.2021

                                                 CORAM

                                   THE HON'BLE MR.JUSTICE C.SARAVANAN

                                           C.M.A.No.882 of 2020
                 B.Ramesh,
                 S/o.N.T.Balasubramaniam                          ... Appellant

                                                   Vs.
                 1. V.Nishokkumar
                    S/o.Venkatesan
                 2. A.Sivakumar,
                    S/o.Arthanari
                 3. The United India Insurance Company Ltd.,
                    Bhavani Branch,
                    Having Office at:
                    No.53/4, Old Bus Stand Road,
                    TVR Corner Building,
                    Perundurai, Perundurai Taluk,
                    Erode District.                                ... Respondents

                       Civil Miscellaneous Appeal filed under Section 173 of Motor
                 Vehicles Act, 1988 against the Judgment and Decree dated 25.09.2019
                 made in M.C.O.P.No.163 of 2016, on the file of the Motor Accidents
                 Claims Tribunal/Sub Judge, Perundurai.
                             For Appellant     : Mr.M.Guruprasad
                             For R1 & R2       : Exparte
                             For R3            : Mr.D.Bhaskaran

                                               JUDGMENT

The claimant is the appellant in this appeal and has filed this

appeal for enhancement of compensation awarded by the Motor

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Accidents Claims Tribunal, Sub Judge, Perundurai in M.C.O.P.No.163 of

2016.

2. By the impugned Judgment and decree, the Tribunal has

awarded a sum of Rs.11,62,244/- to the appellant/claimant as

compensation payable by the 3rd respondent/Insurance Company.

3. The Tribunal has awarded the aforesaid compensation to the

appellant/claimant under the following heads:-

Heads of Compensation Amount awarded by the

Tribunal Temporary Disability at 39% Rs.1,17,000/- Loss of Earning during treatment Rs. 45,500/-

for a period of 7 months Transportation Charges Rs. 10,000/- Pain and Suffering (45 days) Rs. 50,000/- Extra Nourishment Rs. 20,000/-

                         Medical Bills                   Rs. 9,19,244/-
                         Total                           Rs.11,62,244/-

4. The case of the appellant/claimant is that the appellant/claimant

was hospitalized for a period of 7 months and had undergone multiple

surgeries on his skull and was fixed with artificial implants in clavicle

bone.

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5. On the other hand, the learned counsel for the 3rd

respondent/insurance company submits that Ex.P.6-Discharge Summary

filed by the appellant/claimant shows that the appellant/claimant has no

permanent disability and/or functional disability. Hence, he submitted

that the Tribunal awarded just compensation. So, question of adopting

multiplier did not arise. He further submitted that the impugned

Judgment and decree passed by the Tribunal is well-reasoned and

requires no interference. Hence, he prays for dismissal of this appeal.

6. Heard the learned counsel for the appellant and the 3rd

respondent. I have perused the impugned Judgment and decree and the

exhibits marked before the Tribunal.

7. The disability has been assessed in EX.C1-Disability Certificate

issued by the Medical Board, Government Head Quarters Hospital, Erode

has concluded that there was no permanent disability. At the same time,

it has concluded 39% as temporary disability.

8. Be that as it may, the nature of injuries suffered by the

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appellant/claimant are as follows:-

(i) Right Fronto Temporoparietal Acute Subdural Hemorrhage with right temporal burst lobe and midline shift to left.

(ii) Post left temporoparietal acute EDH

(iii) Left Zygomatico maxillary complex fracture/left fronto temporal bone fracture

(iv) Fracture left clavicle/fracture left side ribs 2-7th.

9. The Tribunal has not awarded any amount towards Attender

charges and Loss of Amenities. Therefore, this court is inclined to award

a sum of Rs.30,000/- towards attender charges and Rs.25,000/- towards

loss of amenities.

10. Further, the Tribunal has fixed the notional income of the

claimant as Rs.6,500/- per month and awarded a sum of Rs.45,500/-

(Rs.6,500 x 7 = Rs.45,500/-) towards loss of earning during treatment

for a period of seven months. Court is therefore inclined to grant a sum

of Rs.87,500/- towards monthly income of the appellant/claimant for a

period of seven months. i.e., Rs.12,500/- per month.

11. Considering the nature of injuries suffered by the

appellant/claimant, I am inclined to partially enhance the compensation

as follows:-

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Sl.No. Heads of Amount Awarded Amount Award Compensation by the Tribunal awarded by confirmed or this Court enhanced or reduced or granted or set aside

1. Temporary Rs. 1,17,000/- Rs. 1,17,000/- Confirmed disability at 39%

2. Loss of Earning Rs. 45,500/- Rs. 87,500/- Enhanced (Rs.6,500/-x7) (Rs.12,500x7)

3. Transportation Rs. 10,000/- Rs. 15,000/- Enhanced Charges

4. Pain and Rs. 50,000/- Rs. 50,000/- Confirmed Sufferings

5. Extra Rs. 20,000/- Rs. 30,000/- Enhanced Nourishment

6. Medical Rs. 9,19,744/- Rs. 9,19,744/- Confirmed Expenses

7. Loss of ---- Rs. 25,000/- Granted Amenities

8. Attender ---- Rs. 30,000/- Granted Charges Total Rs. 11,62,244/- Rs.12,74,244/- Enhanced by Rs.1,12,000/-

12. The 3rd respondent/insurance company is therefore directed to

deposit the compensation of Rs.12,74,244/- together with interest at

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7.5% per annum from the date of numbering of the claim petition till the