Madras High Court
Manikandan vs D.Banugopan on 29 April, 2021
C.M.A.No.2283 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :29.04.2021
Coram :
THE HONOURABLE MRS. JUSTICE S.KANNAMMAL
Civil Miscellaneous Appeal No. 2283 of 2014
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Manikandan .. Appellant
Versus
1.D.Banugopan
2.M/s.United India Insurance Co., Ltd
No.235, Gandhi Road,
Arni-632 301. .. Respondents
Civil Miscellaneous Appeal filed under Section 173 of The Motor
Vehicles Act, 1988 against the Judgment and Decree dated 30.08.2013 made
in M.C.O.P.No.113 of 2009 on the file of the Motor Accident Claims
Tribunal, (Sub Court), Madurantagam.
For Appellant :Mr.K.Govi Ganesan
For R1 : No such person
For R2 : Mr.C.Paranthaman
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C.M.A.No.2283 of 2014
JUDGMENT
(Heard through Video Conferencing)
Not being satisfied with the quantum of compensation awarded by the
Tribunal, in and by Award dated 30.08.2013 passed in M.C.O.P.No. 113 of
2009 on the file of Motor Accident Claims Tribunal,(Sub Court),
Madurantagam, the present appeal has been filed by the claimant seeking
enhancement of the compensation amount.
2. It is the case of the appellant/claimant before the Tribunal that on
28.09.2009 at about 13.40 hours when the claimant along with his brother
Kannan were travelling in a TVS Super XL proceeding from East to West on
Madhur to Elapakkam road, the driver of the Prasanna Bus, who came from
opposite direction drove the bus in a rash and negligent manner, hit against the
TVS Super XL and the claimant sustained grievous injury. The claimant has
sustained permanent disablement and he filed the claim petition before the
Tribunal claiming compensation of Rs.5,00,000/-.
3. The second respondent herein/the Insurance company has filed
counter statement disputing the manner of accident and the injuries sustained
by the claimant. The Insurance Company has also disputed the occupation and
income of the claimant and prayed for dismissal of the claim petition.
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C.M.A.No.2283 of 2014
4. In order to prove the claim on the side of the appellant/claimant the
petitioner was examined as P.W.1 and one Dr.Kannan Isac was examined as
P.W.2.Ex.P1 to P12 were marked. On the side of the Insurance Company
neither oral nor documentary evidence was adduced.
5. After considering the entire materials available on record, the tribunal
came to the conclusion that the accident had occurred due to rash and
negligent driving of the offending vehicle i.e., Prasanna Bus which was
insured with the 2nd respondent Insurance Company and owned by the first
respondent herein. Hence the tribunal had passed an award for a total sum of
Rs.67,550/- with interest at rate of 7.5% per annum from the date of claim
petition till the date of payment. The breakup details of the award passed by
the Tribunal are as follows:
For Permanent Disability =Rs. 45,000/-
Pain and Suffering =Rs. 10,000/-
Extra Nourishment =Rs. 2,000/-
Transport Charges =Rs. 3,000/-
X-ray Expenses =Rs.350
loss of income for the period during treatment =Rs.7,200/-
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Total =Rs. 67,550/-
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6. Challenging the same the present appeal has been filed by the
appellant/claimant.
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C.M.A.No.2283 of 2014
7. The learned counsel for the appellant/claimant submitted that prior to
the accident, the appellant was working as a carpenter and earned a sum of
Rs.9,000/- per month. Whereas the Tribunal had erred in fixing the income of
the appellant as Rs.6,000/- only. It is further submitted that the appellant was
issued permanent disability certificate for 45% of disability and the Tribunal
had given only Rs.45,000/- towards the same. The learned counsel would also
submit that the award of compensation under various heads are very meagre
and that has to be enhanced, considering the nature of injuries sustained by the
appellant and also the nature of his avocation.
8. Per contra, the learned counsel for the 2nd respondent/Insurance
Company made his submissions supporting the award passed by the Tribunal.
While coming to the avocation of the claimant though it is argued that the
claimant was working as a carpenter and earning Rs.9,000/- per month, no
documentary evidence was produced by the claimant for his avocation or the
income.
9. The learned counsel for the 2nd respondent would fairly concede that
pertaining to the loss of income during the period of treatment, a little amount
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C.M.A.No.2283 of 2014
can be enhanced under the head “loss of income”. Hence this Court is of the
view to take Rs.10,000/- towards loss of income.
10. The Tribunal has awarded only Rs.10,000/- towards pain and
suffering which has to be enhanced, considering the nature of injury sustained
by the appellant. Further, the amount of compensation awarded for extra
nourishment and transport also have to be enhanced, considering the cost of
living and escalation of prices. The Tribunal has not awarded any amount
towards attendant charges and it would be reasonable to award Rs.4,650/-
towards the same.
11. Thus, the award passed by the Tribunal, in comparison with the
amounts now awarded by this Court is tabulated hereunder:
Sl.No Head under which the Amount awarded Amount Confirmed/
amount is awarded by the awarded by this enhanced
Tribunal(in Rs.) Court
1 For permanent disability Rs.45,000/- Rs.45,000/- confirmed
2 Pain and Suffering Rs.10,000/- Rs.30,000/- enhanced
3 Extra nourishment Rs.2,000/- Rs.5,000/- enhanced
4 Transportation Rs.3,000/- Rs.5,000/- enhanced
5 Attendant charges -- Rs.4,650/- Now granted
6 Loss of income Rs.7,200/- Rs.10,000/- enhanced
7. Medical Expenses Rs.350/- Rs.350/- confirmed
Total Rs.67,550/- Rs.1,00,000/- enhanced
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C.M.A.No.2283 of 2014
12. In the result, the Civil Miscellaneous Appeal is partly allowed as
follows:-
(i) The award of the Tribunal is modified and enhanced from Rs. 67,550/-
to Rs.1,00,000/-
(ii) The award amount will carry interest at the rate of 7.5% per annum from
the date of claim petition till the date of deposit.
(iii) In view of the above modified enhanced award amount, the 2nd
respondent/Insurance Company is directed to deposit the award
amount with proportionate interest and costs, less the amount, if any,
already deposited, within a period of four weeks from the date of
receipt of a copy of this order.
(iv) On such deposit, the appellant/claimant is permitted to withdraw the
amount awarded as above, by filing proper application before the
Tribunal, less the amount if any already withdrawn, with accrued
interest. The Tribunal shall pass appropriate directions for the
disbursal of the amount as stated supra on the filing of such
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C.M.A.No.2283 of 2014
application.
No costs.
29.04.2021
mpa
To
1. The Motor Accident Claims Tribunal, (Sub Court), Madurantagam.
2. The Section Officer
Vernacular Records Section
High Court, Madras.
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C.M.A.No.2283 of 2014
S.KANNAMMAL, J
mpa
CMA. No. 2283 of 2014
29.04.2021
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