Madras High Court
M.Arumugam vs J.Selvaraj on 28 April, 2021
C.M.A.No.2525 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.2525 of 2019
M.Arumugam,
S/o.Mannara Gounder ... Appellant
Vs.
1. J.Selvaraj
2. New India Assurance Co.Ltd.,
Motor Third Party Hub,
Silingi Building,
No.45, Moore Street,
Chennai -600 001. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree dated 01.03.2019
in M.C.O.P.No.5897 of 2014 on the file of the Motor Accidents Claims
Tribunal, Special Sub Court No.1, Small Causes Court, Chennai.
For Appellant : Mr.R.Nalliyappan
For Respondents :
For R1 : Not ready in notice
For R2 : Mr.K.Vinod for Mr.Elverra Ravindran
JUDGMENT
With consent of both the learned counsel for the appellant and the
2nd respondent, this Civil Miscellaneous Appeal is taken up for final
disposal.
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C.M.A.No.2525 of 2019
2. The claimant is the appellant and is aggrieved by the impugned
Judgment and Decree dated 01.03.2019 passed by the Motor Accidents
Claims Tribunal, Special Sub Court No.1, Small Causes Court, Chennai
in M.C.O.P.No.5897 of 2014.
3. By the impugned Judgment and decree, the Tribunal has
awarded a sum of Rs.3,49,560/- as compensation under various heads
after deducting 10% towards contributory negligence of the
appellant/claimant.
4. The appellant/claimant has filed this appeal seeking for
enhancement of compensation on the ground that the Tribunal has erred
in deducting 10% towards contributory negligence of the
appellant/claimant merely on the ground that the appellant/claimant was
not in possession of valid driving license.
5. The learned counsel for the appellant submits that the Tribunal
has awarded meagre amounts towards disability inasmuch as the
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C.M.A.No.2525 of 2019
appellant/claimant had comminuted fracture shaft of right femur and was
hospitalized for about 17 days.
6. It is further submitted that the Tribunal has considered
disproportionately low income of Rs.7,000/- to award a sum of
Rs.41,000/- towards loss of earning and loss of future prospects at
Rs.21,000/- and Rs.20,000/-. He therefore prays for enhancement of
compensation.
7. Defending the impugned Judgment and decree, the learned
counsel for the 2nd respondent/Insurance Company submits that the
impugned award of the Tribunal is well-reasoned and requires no
interference. He further submits that the Tribunal has awarded a just
compensation for the injuries suffered by the appellant/claimant which
requires no enhancement and therefore prays for dismissal of the appeal.
8. Heard the learned counsel for the appellant and the 2 nd
respondent.
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C.M.A.No.2525 of 2019
9. There is no dispute regarding the nature of injuries sustained and
the number of days of hospitalization of the appellant/claimant.
10. The Tribunal has, by and large, awarded a just compensation
on various heads. However, the Tribunal ought to have awarded a sum of
Rs.1,50,000/- towards injury which has been categorized as 'disability'.
Though it was temporary disability, it was nevertheless a disability with
severe injury to the body.
11. The Tribunal has awarded only Rs.5,000/- towards
transportation. It is now enhanced by another sum of Rs.2,500/-. The
Tribunal has awarded a sum of Rs.4,250/- towards attender charges at the
rate of Rs.250/- per day for 17days. It is increased to Rs.500/- per day.
Therefore, there shall be further enhancement of Rs.4,250/- towards
attendant charges.
12. The Tribunal has awarded a sum of Rs.41,000/- towards loss of
earning and loss of future prospects at Rs.7,000/- per month. Considering
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C.M.A.No.2525 of 2019
the time of accident, the compensation towards loss of earning and the
future prospects is taken together as loss of earning during the period.
13. The appellant/claimant would have been recuperating from the
injuries suffered due to the fracture of right femur bone and the same is
compensated at Rs.12,500/- per month. Thus, for six months, a sum of
Rs.75,000/- is hereby awarded towards loss of earnings and future
prospects.
14. The deduction of 10% towards contributory negligence merely
because the appellant did not possess a valid driving licence cannot be
sustained unless it was proved that the appellant/claimant was a novice
and he did not know how to drive the vehicle.
15. In the result, there shall be enhancement of Rs.34,000/- against
loss of earnings and future prospects. The compensation awarded by the
Tribunal under other heads of compensation are just and reasonable, and
therefore they are confirmed.
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C.M.A.No.2525 of 2019
16. Accordingly, the compensation payable is recomputed as
follows:-
Heads and calculation Amount
Disability
Rs. 1,20,000/-
Pain & sufferings Rs. 25,000/-
Transportation Charges Rs. 7,500/-
Medical Expenses Rs. 2,08,119/-
Extra Nourishment Rs. 15,000/-
Attender Charges Rs. 8,500/-
Loss of Earnings and Future Prospects Rs. 75,000/-
Total Rs.4,59,119/-
Rounded off to
Rs.4,59,200/-
17. The 2nd respondent/Insurance Company is therefore directed to
deposit the enhanced amount of compensation of Rs.4,59,200/- after
deducting amount already deposited by it 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 within a period of six
weeks from the date of receipt of a copy of this Judgment.
18. On such deposit being made by the 2nd respondent/Insurance
Company, the appellant/claimant is permitted to withdraw his respective
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C.M.A.No.2525 of 2019
share in the same proportion as was ordered by the Tribunal, together
with interest accrued thereon, less the amount already withdrawn if any,
by filing suitable application before the Tribunal.
19. This Civil Miscellaneous Appeal is partly allowed with the
above observations and directions. No costs.
28.04.2021
arb
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
To:
1. The Motor Accidents Claims Tribunal,
Special Sub Court No.1,
Small Causes Court, Chennai.
2. The Section Officer,
Vernacular Section,
Madras High Court.
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C.M.A.No.2525 of 2019
C.SARAVANAN, J.
arb
C.M.A.No.2525 of 2019
28.04.2021
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