Manikandan vs Frank
2021 Latest Caselaw 11202 Mad

Citation : 2021 Latest Caselaw 11202 Mad
Judgement Date : 30 April, 2021

Madras High Court

Manikandan vs Frank on 30 April, 2021

                                                        C.M.A.No.1559 of 2020
          IN THE HIGH COURT OF JUDICATURE AT MADRAS

                             DATED: 30.04.2021

                                  CORAM

                 THE HON'BLE MR.JUSTICE C.SARAVANAN

                           C.M.A.No.1559 of 2020

Manikandan                                               ... Appellant

                                    Vs.

1.Frank

2.The United India Insurance Company Limited,
 Divisional Office HUB Ranga Building,
 Peramanur Main Road, Peramanur,
 Salem – 636 007.                                      ... Respondents

      Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree order dated
11.12.2019 made in M.C.O.P.No.1615 of 2017, on the file of the Motor
Accidents Claims Tribunal/Special Subordinate Judge No-I, Salem.


                 For Appellant   : Mr.T.S.Arthanareeswaran
                 For Respondents : Mr.D.Bhaskaran for R2
                                   No appearance for R1

                          JUDGMENT

This appeal has been filed by the claimant for enhancement of

compensation on the ground that no amount has been awarded towards

disability assessed by P.W2 on the ground that the Tribunal has not

considered the discharge summary and the nature of injuries suffered by

_________ Page No 1 of 7 C.M.A.No.1559 of 2020 the appellant. The Tribunal has awarded a sum of Rs.3,99,970/- to the

appellant by its judgment and decree dated 11.12.2019 in

M.C.O.P.No.1615 of 2017.

2.It is submitted that the appellant was hospitalized for a period of

23 days between 31.05.2017 to 22.06.2017. It is further submitted that the

amount awarded towards pain and suffering and other conventional heads

are low.

3.Appearing on behalf of the 2 respondent/Insurance Company,

the learned counsel for the said Insurance Company submits that the

Tribunal has considered all the aspects and has awarded a just

compensation under Section 166 of the Motor accidents claims Tribunal

1988. He therefore prays for confirming the award amount and for

dismissal of the appeal.

4.Heard the learned counsel for the appellant and the respondent

and also perused the impugned judgment and decree.

5.In my view, the Tribunal has not awarded a just compensation by

while awarding a sum of Rs.3,99,970/- for the injuries suffered by the

_________ Page No 2 of 7 C.M.A.No.1559 of 2020 appellant. The nature of injuries suffered by the appellant are detailed

below:-

1.''A 3x1x1 cm sized laceration over left occipital region of scalp.

2.A laceration over right eyebrow.

3.A 2x1 cm sized abrasion over left foot.

4.A 3x1x1 cm sized laceration in fourth toe of left foot.

5.Head injury-fracture of left tempero-parietal and spheraid bones.

6.Subdural bleed of maximal width brain in left tempero parietal frontal convexsity.

7.Multiple small sized hemorrhagic contusions in right front-temporal lobe and left temper o-parietal lobes in without midline shift.

8.Small pulmonary contusion in right upper lobe. Minimal hemo peritoneum.

9.Small convulsion fracture at left lever trochanter of left femur''

10.Diagnosis:Left Tempero Parietal contusion with left fronto tempero parietal thin subdural hematoma. Treatment: Left fronto tempero parietal craniotomy and evacuation of acute subdural hematoma and contusectomy.''

6.The appellant was hospitalized between 31.05.2017 to

22.06.2017 for the period of 23 days. The appellant claims to be a daily

coolie earning a sum of Rs.12,000/-. Considering the nature of injuries

suffered by the appellant as detailed above and considering the fact that

the injury would have put him out of action for period of six months, I

am inclined to partially enhance the compensation by considering the

_________ Page No 3 of 7 C.M.A.No.1559 of 2020 notional income of the appellant as Rs.9,500 pm. No amount has been

awarded for injuries. Therefore, a sum of Rs.50,000/- is awarded towards

the injuries suffered by the appellant. Under these circumstances, the

compensation awarded by the Tribunal is re-computed as follows:-

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

1. Pain and Rs. 15,000/- Rs.25,000/- Enhanced suffering

2. Loss of Rs. 15,000/- Rs. 57,000/- Enhanced Income 9500x6

3. Medical Rs.3,53,970/- Rs.3,53,970/- Confirmed Expenses

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

5. Attender Rs. 5,000/- Rs.25,000- Enhanced charges 6 Extra Rs. 5,000/- Rs.10,000/- Enhanced Nourishment 7 Damages to Rs. 1,000/- Rs. 1,000/- Enhanced cloths Total Rs.3,99,970/- Rs.4,76,970/- Enhanced by Rounded off to Rs.77,030/-

Rs.4,77,000/-

7.The 2 respondent/Insurance Company is therefore directed to

deposit the enhanced amount of compensation of Rs.4,77,000/- 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 by _________ Page No 4 of 7 C.M.A.No.1559 of 2020 it, within a period of six weeks from the date of receipt of a copy of this

Judgment.

8. On such deposit being made by the 2 respondent/Insurance

Company, the appellant/claimant is permitted to withdraw his share

together with interest accrued thereon, less any amount already

withdrawn, by filing suitable applications before the Tribunal.

9.This Civil Miscellaneous Appeal stands Partly Allowed with the

above observations. No costs.

30.04.2021 jas Internet : Yes / No Index : Yes/No Speaking Order/Non-speaking Order

To:

1.The United India Insurance Company Limited, Divisional Office HUB Ranga Building, Peramanur Main Road, Peramanur, Salem – 636 007.

2.The Motor Accidents Claims Tribunal _________ Page No 5 of 7 C.M.A.No.1559 of 2020 Special Subordinate Judge No-I, Salem.

3.The V.R.Section, Madras High Court, Madras.