Sumathi vs R.Venkatesan
2021 Latest Caselaw 11138 Mad

Citation : 2021 Latest Caselaw 11138 Mad
Judgement Date : 30 April, 2021

Madras High Court

Sumathi vs R.Venkatesan on 30 April, 2021

                                                                             CMA.No.1878 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 30.04.2021

                                                          CORAM

                                     THE HON'BLE MR.JUSTICE C.SARAVANAN

                                                 CMA.No.1878 of 2020

                                                (Through Video Conferencing)


                     Sumathi                                              ... Appellant

                                                            Vs.

                     1. R.Venkatesan
                     2. National Insurance Co.Ltd.,                       ... Respondents

                               Civil Miscellaneous Appeal filed under Section 173 of Motor
                     Vehicles Act, 1988 against the decree and Judgment dated 08.11.2019
                     made in MCOP.No.1525 of 2015, on the file of the Motor Accidents
                     Claims Tribunal, (Special Sub Court No.1), Small Causes Court,
                     Chennai.


                                      For Appellant            : Mr.K.Varadhakamaraj


                                      For Respondents          :
                                      For R1                   : No appearance
                                      For R2                   : Mr.P.Sankaranarayanan



https://www.mhc.tn.gov.in/judis/
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                                                                                CMA.No.1878 of 2020

                                                       JUDGMENT

This appeal has been filed by the claimant/appellant. In this appeal,

the claimant/appellant has sought for enhancement of the compensation

on the ground that the Tribunal has not considered the very low income

of the appellant at Rs.6,000/- per month and awarded a total

compensation of Rs.10,87,350/- vide impugned judgment and decree in

MCOP.No.1525 of 2015.

2. The case of the appellant is that the accident is of the year 2014.

She has claimed that she was working as a coolie and was earning a sum

of Rs.350/- per day at the time of accident. Therefore, on an average

sum of Rs.9,000/- per month ought to have been fixed as her monthly

income. It is stated that PW2 has assessed the disability at 75% and the

appellant has deposed that after injury, her hands have been paralysed

and she is also facing difficulty in walking or using legs and she lost

control of urine and hence, tube bag has been fixed and totally she was

bedridden. Further, it is stated that the Medical Board has also certified

that the disability sustained by the claimant is at 75%. Therefore, she

prays for enhancement of the compensation.

https://www.mhc.tn.gov.in/judis/

CMA.No.1878 of 2020

3. On the other hand, the learned counsel appearing for the second

respondent/insurance company submits that the claimant/appellant has

sustained C5-C6 subluxation with quadriparesis. It is only temporary in

nature. Therefore, the tribunal ought not to have awarded compensation

by adopting multiplier method. He further submits that eventhough, the

amount of compensation has been arrived by adopting multiplier. the

tribunal ought to have considered the functional disability for awarding

compensation.

4. Heard the learned counsel for the claimant and

respondent/insurance company and perused the impugned judgement and

decree passed by the Motor Accident Claims Tribunal.

5. In my view, the tribunal has considered a very low income of

Rs.6,000/- per month while awarding the compensation towards

pecuniary loss. In my view, the tribunal ought to have awarded separately

the amount towards future prospects.. It should have computed the

compensation towards pecuniary loss by adopting multiplier on a slightly

higher notional income and adding future prospects at 40% and also

considering that the appellant was 35 years at the time of accident. https://www.mhc.tn.gov.in/judis/

CMA.No.1878 of 2020

The fact that the appellant suffers C5-C6 subluxation with quadriparesis

has not been disputed by the respondent/insurance company. Considering

the above, there shall be enhancement compensation. The notional

income of the appellant is fixed at Rs.9,000/- per month. There shall be a

further addition of 40% towards future prospects. Thus, for the purpose

of compensation towards pecuniary loss, the amount to be considered for

awarding compensation is at Rs.12,600/- (Rs.9,000/- + Rs.3,600/-) .

Thus, the total loss of income of the appellant/claimant together with the

future prospects is Rs.12,600/- x 12 = Rs.1,51,200/-. At 75% disability,

the loss of income per annum is arrived at Rs.1,13,400/- . Since the age

of the appellant is 35 years, the correct multiplier to adopt is 16. Thus,

the pecuniary loss is arrived at Rs.1,13,400x16=Rs.18,14,400/-.

Accordingly, the compensation payable payable to the appellant is

re-computed as follows:-

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

1. Pecuniary Loss Rs.8,64,000/- Rs.18,14,400 Enhanced (6000x12x16x75%) (Rs.9000x40%) Rs.9000+3600) 12,600x12x16x75%

https://www.mhc.tn.gov.in/judis/

CMA.No.1878 of 2020

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

2. Pain and Rs.40,000/- Rs.40,000/- Confirmed Sufferings

3. Transportation Rs.5,000/- Rs.5,000/- Confirmed

4. Medical Rs.89,321/- Rs.89,321/- Confirmed Expenses

5. Extra Rs.20,000/- Rs.20,000/- Confirmed Nourishment

6. Attender Rs.19,000/- Rs.19,000/- Confirmed Charges

7. Loss of Future Rs.50,000/- .... ....

Prospects 8 Total Rs.10,87,321/- Rs.19,37,721/- Enhanced rounded to Rs.10,87,350

Therefore, the compensation of Rs.10,87,350/- awarded by the Tribunal

is enhanced to Rs.19,37,721/-.

6. The 2nd respondent/Insurance Company is, therefore, directed

to deposit the enhanced amount of compensation of Rs.19,37,721/-

together with interest at 7.5% per annum from the date of numbering of