Arputha vs The Commissioner Of Police
2021 Latest Caselaw 10970 Mad

Citation : 2021 Latest Caselaw 10970 Mad
Judgement Date : 29 April, 2021

Madras High Court

Arputha vs The Commissioner Of Police on 29 April, 2021

                                                                            C.M.A.No.613 of 2020


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 29.04.2021

                                                       CORAM

                                     THE HON'BLE MR.JUSTICE C.SARAVANAN

                                                C.M.A.No.613 of 2020

                                             (Through Video Conferencing)

                     Arputha                                                    ... Appellant

                                                            Vs.

                     The Commissioner of Police,
                     Egmore, Chennai – 600 008.                                 ... Respondent

                               Civil Miscellaneous Appeal filed under Section 173 of the Motor
                     Vehicles Act, 1988, against the Award and Decree passed by the Motor
                     Accidents Claims Tribunal / Small Causes Court No.6, at Chennai made
                     in M.C.O.P.No.3635 of 2005 dated 20.07.2016 awarding Rs.31,000/- in
                     so far as awarding compensation is concerned.



                                           For Appellant      : Mr.Amar for
                                                                Mr.J.Ramkumar

                                           For Respondent     : Mr.A.Ansar
                                                                Government Advocate.

                                                       *******


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https://www.mhc.tn.gov.in/judis/
                     Page No 1 of 8
                                                                              C.M.A.No.613 of 2020




                                                    JUDGMENT

The claimant is the appellant in this Civil Miscellaneous Appeal.

He is aggrieved by the impugned Judgment and Decree dated 20.07.2016

passed by the Motor Accident Claims Tribunal (VI Court of Small

Causes, Chennai), Chennai in M.C.O.P.No.3635 of 2005.

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

awarded a sum of Rs.31,000/- as compensation together with interest at

7.5% per annum from the date of claim petition till the date of deposit, to

the appellant for the injuries suffered by him.

3. It is stated that the appellant/claimant was aged about 35 years

when she met with an accident on 03.07.2004. It is submitted that the

appellant/claimant sustained the following grievous injuries due to the

accident:-

i. Concussion Brain ii. Right Hip Tenderness

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4. The learned counsel for the appellant submits that the Tribunal

ought to have awarded amount towards disability / injuries and merely

because the evidence recorded subsequently ipso facto cannot mean that

the appellant did not suffer injury and was not entitled to a just

compensation for temporary disability / injury. It is submitted that the

Tribunal has awarded a meagre sum of Rs.9,000/- towards loss of income

at Rs.200/- per day for 45 days.

5. Defending the impugned Judgment and Decree, the learned

counsel for respondent the Commissioner of Police submits that the

impugned Judgment and Decree is well reasoned and requires no

interference. It is submitted that the Tribunal has considered Ex.P3

Discharge Summary and Ex.P5 CT-Scan which indicates that there was

no disability. He further submitted that the amounts awarded towards loss

of income at Rs.200/- per day appears to be reasonable and therefore,

submits that award amount may be confirmed and the appeal may be

dismissed.

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

counsel for the respondent. I have perused the impugned Judgment and

Decree and Exhibits that came to be marked before the Tribunal and the

deposition of witness, namely P.W.1 and P.W.2.

7. The claim petition was filed in the year 2004. The claim petition

was disposed by the Tribunal by its Judgment and Decree dated

20.07.2017. The Tribunal after considering the evidence on record

including the deposition of P.W.2 has come to a fair conclusion that the

assessment of 25% permanent disability was exaggerated.

8. The Tribunal after considering the Ex.P3 Discharge Summary

and Ex.P5 CT Scan has thus held that there is no permanent disability

and has thus awarded a sum of Rs.31,000/- under the conventional heads

only, i.e pain and sufferings, Transportation and Extra Nourishment, Loss

of Income for a period of 45 days and towards Attenders Charges.

9. The fact that the appellant suffered injuries is not in dispute.

Though the injury meant that there is no permanent disability, the injury

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had temporarily disabled the appellant. Considering the same, I am

inclined to award a sum of Rs.25,000/- for the injuries suffered by the

appellant due to the accident.

10. I am also inclined to enhance the amount of compensation

awarded towards loss of income to Rs.30,000/- from Rs.9,000/- by

considering the daily wages of the appellant as Rs.500/- per day and

considering the nature of injury, i.e. fracture on the left frontal bone,

tenderness on the right hip. The appellant was treated with antibiotic,

anti epileptic medicine and was asked to take rest for five to six months.

11. Otherwise, the Tribunal has by and large come to a fair

conclusion to award a just compensation under the conventional heads

and partial loss of income for 45 days. Thus, a sum of Rs.31,000/-

awarded by the Tribunal is enhanced to Rs.76,000/- as follows:-

                                                         Heads                      Amount
                                   Pain and Sufferings                              Rs.15,000/-
                                   Transportation and Extra Nourishment             Rs. 5,000/-
                                   Loss of income for six months (Rs.5,000 x 6)     Rs.30,000/-


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https://www.mhc.tn.gov.in/judis/ Page No 5 of 8 C.M.A.No.613 of 2020

Heads Amount Attenders Charges Rs. 1,000/-

                                   Injuries                                      Rs.25,000/-
                                                       Total                     Rs.76,000/-

12. It is made clear that the appellant shall not be entitled for any

interest for the delay period of 648 days in filing of this appeal as per the

order dated 22.01.2020 passed in C.M.P.No.26753 of 2019 in

C.M.A.SR.No.147899 of 2019.

13. Thus, the respondent is therefore directed to deposit a sum of

Rs.76,000/- together with interest at 7.5% per annum from the date of

claim petition till the date of deposit except the period of delay of 648

days, less any amount already deposited, within a period of six weeks

from the date of receipt of a copy of this Judgment.

14. On such deposit, the appellant is permitted to withdraw the

same together with interest, less any amount already withdrawn, by filing

suitable application before the Tribunal.