Madras High Court
S.Deepan Chakravarthi vs S. Sivakumar on 30 April, 2021
C.M.A. No.1473 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.04.2021
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A. No.1473 of 2016
S.Deepan Chakravarthi .... Appellant
versus
1. S. Sivakumar
2. The Branch Manager,
Reliance General Insurance Co. Ltd.,
Reliance House,
6th Floor,
Nungambakkam,
Chenani – 6. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the decree and judgment dated 18.02.2016 in
MCOP No.3044 of 2013 passed by the Motor Accident Claims Tribunal (IV
Small Causes Court), Chennai.
For Appellant : Mr.R. Nalliyappan
For Respondents : Mr.S.Arunkumar for R2
R1 – Exparte
1/9
https://www.mhc.tn.gov.in/judis/
C.M.A. No.1473 of 2016
JUDGMENT
This appeal has been filed by the claimant seeking enhancement of
compensation under the impugned award dated 18.02.2016 passed by the
Motor Accident Claims Tribunal (IV Small Causes Court), Chennai in
MCOP No.3044 of 2013.
2. The Tribunal under the impugned award directed the second
respondent / Insurance Company to pay the appellant / claimant a
compensation of Rs.87,000/- together with interests and costs as detailed
below :-
Heads Amount awarded
by the Tribunal
(Rs.)
Disability 30,000/-
Pain and suffering 20,000/-
Extra nourishment 5,000/-
Transport to Hospital 5,000/-
Damages to clothes 1,000/-
Attender charges 5,250/-
Medical expenses 2,500/-
Loss of income 13,000/-
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C.M.A. No.1473 of 2016
Heads Amount awarded
by the Tribunal
(Rs.)
Loss of amenities 5,000/-
Total 86,750/-
Rounded to 87,000/-
3. The appellant / claimant unsatisfied with the quantum of
compensation awarded by the Tribunal under the impugned award has filed
this appeal seeking for enhancement.
4. Heard Mr.R. Nalliyappan, learned counsel for the appellant /
claimant and Mr.S. Arunkumar, learned counsel for the 2nd respondent /
Insurance Company. The first respondent remained ex-parte both before the
Tribunal and before this Court.
5. This Court has perused and examined the impugned award before
the Tribunal.
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C.M.A. No.1473 of 2016
6. Before the Tribunal, the appellant / claimant has filed 9
documents, which were marked as Ex.P1 to Ex.P9 and two witnesses were
examined on his side viz, the appellant / claimant himself as PW1 and the
Doctor, who examined him as PW2. However, on the side of the
respondents, neither any witness was examined nor any document was filed
before the Tribunal.
7. The appellant / claimant sustained the following injuries on
16.11.2012 caused by a vehicle insured with the second respondent :
1. Fracture over left foot.
2. Digloving injury over left foot
3. Abrasions over right hand
4. Contusion over chest and hip
5. Multiple injuries all over the body.
8. The appellant / claimant in his claim petition has pleaded that he
was a Cleaner and aged 21 years at the time of the accident and was earning
Rs.10,000/- p.m. at the time of the accident. The Doctor (PW2), who
examined the appellant / claimant has also issued a disability certificate
(Ex.P8) which reveals that the appellant / claimant has sustained 40%
disability. However, the Tribunal on its own without any basis has reduced
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C.M.A. No.1473 of 2016
the disability to 10% from 40%. The appellant / claimant was hospitalised
in Government Stanley Hospital, Chennai, for the period from 16.11.2012 to
03.12.2012 and he was re-admitted in the same hospital from 25.04.2013 to
27.04.2013, as seen from the discharge summary (Ex.P3) issued by the said
Hospital. The period of hospitalisation of the appellant / claimant on
account of the injuries sustained by him as a result of the accident has also
not been disputed by the second respondent / Insurance Company, as seen
from the evidence available on record. This being the case, the Tribunal
ought not to have assessed the disability at 10% without any basis.
Therefore, this Court after giving due consideration to the injuries sustained
by the appellant / claimant as well as the disability certificate (Ex.P8) fixes
the disability of the appellant / claimant at 30%. Accordingly, the
compensation awarded under the head disability is enhanced from
Rs.30,000/- to Rs.90,000/- calculated at Rs.3,000/- per percentage of
disability for the 30% disability.
9. The Tribunal has also awarded a lesser compensation of Rs.5,000/-
towards Transport to hospital and Rs.5,250/- towards Attender charges,
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C.M.A. No.1473 of 2016
which will have to be necessarily enhanced, considering the nature of
injuries sustained by the appellant / claimant as well as the period of his
hospitalisation. Accordingly, this Court enhances the compensation
towards Transport to hospital from Rs.5,000/- to Rs.10,000/- and for
Attender Charges from Rs.5,250/- to Rs.10,000/-.
10. Insofar as the compensation awarded by the Tribunal under
various other heads viz., Rs.20,000/- towards pain and suffering; Rs.5,000/-
towards Extra nourishment; Rs.1,000/- towards Damages to clothes;
Rs.2,500/- towards medical expenses; Rs.13,000/- towards Loss of income
and Rs.5,000/- towards loss of amenities are concerned, this Court is of the
considered view that the same cannot be considered to be low as alleged by
the appellant.
11. For the foregoing reasons, the award of the Tribunal is hereby
modified in the following manner :
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C.M.A. No.1473 of 2016
Heads Amount awarded Amount awarded
by the Tribunal by this Court
(Rs.) (Rs.)
Disability 30,000/- 90,000/-
Pain and suffering 20,000/- 20,000/-
Extra nourishment 5,000/- 5,000/-
Transport to Hospital 5,000/- 10,000/-
Damages to clothes 1,000/- 1,000/-
Attender charges 5,250/- 10,000/-
Medical expenses 2,500/- 2,500/-
Loss of income 13,000/- 13,000/-
Loss of amenities 5,000/- 5,000/-
Total 86,750/-
Rounded to 87,000/- 1,56,500/-
12. In the result, the appeal filed by the appellant / claimant, stands
partly allowed by enhancing the compensation from Rs.87,000/- to
Rs.1,56,500/- as indicated above. No costs.
13. The second respondent / Insurance Company is directed to
deposit the entire award amount as assessed by this Court together with
interest at 7.5% p.a. from the date of claim petition till the date of
realization, less the amount, if any, already deposited to the credit of MCOP
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C.M.A. No.1473 of 2016
No.3044 of 2013 passed by the Motor Accident Claims Tribunal (IV Small
Causes Court), Chennai, within a period of four weeks from the date of
receipt of a copy of this Judgment. On such deposit being made, the
Tribunal is directed to transfer the award amount directly to the bank
account of the appellant /claimant, through RTGS, within a period of two
weeks thereafter. The requisite Court fee, if any has to be paid by the
appellant/claimant before receiving the copy of this Judgment.
30.04.2021
Index : Yes / No
Internet : Yes / No
Speaking / Non speaking
vsi2
To :
1.The IV Judge,
IV Small Causes Court,
Motor Accident Claims Tribunal,
Chennai
2. The Section Officer,
V.R. section,
High Court, Madras - 104.
https://www.mhc.tn.gov.in/judis/
C.M.A. No.1473 of 2016
ABDUL QUDDHOSE, J.
vsi2
C.M.A. No.1473 of 2016
30.04.2021
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