Madras High Court
Selvi vs P.R.Rajendran on 7 April, 2021
C.M.A.No.4102 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH
AND
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A.No.4102 of 2019
Selvi
W/o.Late Nallusamy ... Appellant
vs
1.P.R.Rajendran
S/o.Ramasamy Gounder
2.M/s.The Oriental Insurance Company
Ltd.,
Divisional Office,
Divya Towers, 15-1, 2nd Floor,
Fort Main Road,
Opp.Fire Station,
Salem - 636 001. ... Respondent
Prayer: Civil Miscellaneous Appeal filed u/s.173 of the Motor Vehicles Act,
1988, against the judgment and decree dated 10.08.2018 passed in
M.C.O.P.No.1146 of 2016 on the file of Motor Accident Claims Tribunal,
Chief Judicial Magistrate, Namakkal.
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C.M.A.No.4102 of 2019
For Appellant : Mr.C.Thangaraju
For Respondent : No appearance [R1]
Ms.C.Harini
for Mr.N.Vijayaraghavan [R2]
*****
JUDGMENT
[Judgment of the Court was delivered by R.SUBBIAH, J]
This matter is heard through Video Conferencing.
2. For the sake of convenience, appellant herein is referred to as
'Claimant' and second respondent is referred to as 'Insurance Company'.
3. Not being satisfied with the quantum of compensation awarded by the
Tribunal in and by its judgment and decree dated 10.08.2018 passed in
M.C.O.P.No.1146 of 2016 on the file of Motor Accident Claims Tribunal,
Chief Judicial Magistrate, Namakkal, the claimant has filed the present appeal.
4. The brief facts of the case are as follows:
On 25.11.2015 at about 04.00 p.m., while the claimant was riding pillion
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C.M.A.No.4102 of 2019
in a two-wheeler bearing registration No.TN-28-J-3228 on the Namakkal to
Karur NH7 Bye-Pass road, Keerambur junction, a bus bearing Registration
No.TN-30-AR-0333, belonging to first respondent and insured with the
Insurance Company, driven by its driver in a rash and negligent manner and
dashed against the two-wheeler, as a result of which the claimant sustained
grievous injuries all over the body. Hence, the claimant filed the claim petition
seeking compensation in a sum of Rs.15,00,000/-.
5. The said claim was resisted by Insurance Company by filing a detailed
counter statement interalia contending that the accident had not occurred in the
manner as projected by claimant. They have also denied the age, occupation
and income of the claimant. Thus, Insurance Company prayed for dismissal of
the claim petition.
6. To prove their claim, the claimant examined herself as PW-1 besides
examining Dr.Sivalingam as PW-2 and Dr.Karthik as PW-3 and marked 18
documents as Exs.P1 to P18. On the side of Insurance Company, none were
examined and no exhibits were marked.
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C.M.A.No.4102 of 2019
7. On appreciation of materials and the entire evidence on record, the
Tribunal arrived at a finding that the accident had occurred owing to the rash
and negligent driving of the bus bearing Registration No.TN-30-AR-0333,
belonging to first respondent and held that the Insurance Company, as insurer
of the said bus, is liable to pay compensation. The compensation awarded by
the Tribunal is as follows:
Sl. Amount
Compensation awarded under the head
No. (in Rs.)
1. Medical Bills 5,22,400/-
2. Permanent disability (3000 * 62%) 1,86,000/-
3. Pain and suffering 45,000/-
4. For nutrition 15,000/-
5. Transport expenses 10,000/-
6. Loss of Income for 3 months (3000 * 3) 9,000/-
Total 7,87,400/-
The said sum was directed to be paid together with interest at 7.5% p.a. from
the date of claim petition till the date of deposit.
8. Learned counsel appearing for claimant submits that in the accident,
the claimant suffered the following injuries: (i) polytrauma (ii) left upper limb
distal fracture, right and left lower limb both bone fracture (iii) Head injury -
left temporal contusion (iv) Grade 2 open right proximal tibia fracture (v)
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C.M.A.No.4102 of 2019
Grade 1 open left proximal tibia fracture and (vi) closed comminuted left distal
radius fracture and other injuries. The claimant was admitted at Neuro
Foundation hospital for 2 days i.e. 25.11.2015 and 26.11.2015, thereafter, she
was shifted to Ganga Hospital, Coimbatore, wherein she took treatment for 12
days i.e. 26.11.2015 to 07.12.2015. Again, she was admitted at Ganga Hospital,
Coimbatore and took treatment for 8 days i.e. 06.04.2016 to 13.04.2016.
Totally, the claimant underwent treatment for 22 days as an in-patient. During
such time, operation was performed for fracture of both legs, left wrist and
plate and screws were fitted. The claimant had also undergone physiotherapy
from 14.04.2016 to 08.08.2016. Doctor had assessed the disability at 62%. The
claimant was a coolie and due to the injuries suffered by her in the accident, she
is unable to carry on her avocation as she was doing before. In such
circumstances, the Tribunal ought to have applied multiplier in awarding
compensation. Instead, the Tribunal had awarded only a sum of Rs.3,000/- per
percentage of disability. The amount awarded under the other heads is also on
the lower side. Thus, learned counsel prays for enhancement of compensation
considering the nature of injuries suffered by the claimant.
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C.M.A.No.4102 of 2019
9. Per contra, learned counsel appearing for Insurance Company submits
that absolutely no document was produced to establish that the claimant is
unable to carry on her avocation due to the injuries suffered in the accident. In
such circumstances, there is no necessity to apply multiplier. Learned counsel
further submits that the Tribunal had passed a reasoned award and the same
does not require any interference by this Court. Thus, learned counsel prays this
Court to dismiss the appeal.
10. This Court has considered the rival submissions and perused the
materials on record.
11. Since only the quantum of compensation is challenged in this appeal,
this Court is not dealing with the other aspects of the award.
12. On a perusal of records, this Court finds that the claimant underwent
treatment as in-patient for 22 days. However, as rightly submitted by learned
counsel appearing for Insurance Company absolutely no document was
produced on the side of claimant to establish that the claimant had suffered loss
of earning power. Under such circumstances, this Court is of the view that it
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C.M.A.No.4102 of 2019
would not be proper to apply multiplier in this case. However, considering the
nature of injuries suffered by the claimant, the award of Rs.3,000/- per
percentage of disability is on the lower side and hence, the same is enhanced to
Rs.5,000/- per percentage of disability. Accordingly, the compensation payable
under the head 'permanent disability' would be Rs.3,10,000/- (5000 * 62). The
claimant was a coolie and due to the injuries suffered by him, he would find it
difficult to carry on his avocation as he was doing before. Considering the
nature of injuries suffered by the claimant, this Court is of the view that the
amount awarded under the other heads is also on the lower side. Accordingly,
the sum of Rs.45,000/- awarded under the head 'pain and suffering' is enhanced
to Rs.2,00,000/-, the sum of Rs.15,000/- awarded under the head 'for nutrition'
is enhanced to Rs.30,000/-. The claimant would have visited the hospital for
taking treatment for several times and hence, the sum of Rs.10,000/- awarded
towards 'transportation' is enhanced to Rs.25,000/-. Further, this Court finds
that no sum has been granted towards attender charges, loss of amenities and
future medical expenses. Considering the nature of injuries suffered by the
claimant, a sum of Rs.2,00,000/- is awarded towards future medical expenses
and a sum of Rs.1,00,000/- each is awarded under the heads 'attender charges'
and 'loss of amenities'. In all other aspects, the award of the Tribunal is hereby
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C.M.A.No.4102 of 2019
confirmed.
13. Accordingly, the modified compensation payable would be:
Award of Award of
Sl. Compensation awarded under the
the Tribunal this Court
No. head
(in Rs.) (in Rs.)
1. Medical Bills 5,22,400/- 5,22,400/-
2. Permanent disability 1,86,000/- 3,10,000/-
3. Pain and suffering 45,000/- 2,00,000/-
4. Future medical expenses - 2,00,000/-
5. Loss of amenities - 1,00,000/-
6. Attender charges - 1,00,000/-
7. For nutrition 15,000/- 30,000/-
8. Transport expenses 10,000/- 25,000/-
9. Loss of Income for 3 months 9,000/- 9,000/-
(3000 * 3)
Total 7,87,400/- 14,96,400/-
Rounded off to - 15,00,000/-
In the result, the Civil Miscellaneous Appeal is partly allowed. The
compensation of Rs.7,87,400/- awarded by the Tribunal is hereby enhanced to
Rs.15,00,000/-. The Insurance Company is directed to deposit the modified
compensation of Rs.15,00,000/-, less the amount already deposited, together
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C.M.A.No.4102 of 2019
with interest at 7.5% p.a. from the date of claim petition till the date of deposit,
within a period of four weeks from the date of receipt of this judgment. On such
deposit being made, the claimant is entitled to withdraw the same together with
interest, on due application. No costs.
[R.P.S., J] [S.K., J]
07.04.2021
Speaking Order
Index: yes/no
Internet:yes
gm
To
1.The Chief Judicial Magistrate,
Motor Accident Claims Tribunal,
Namakkal.
2.The V.R.Section,
High Court, Madras.
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C.M.A.No.4102 of 2019
R.SUBBIAH, J
and
S.KANNAMMAL, J
C.M.A.No.4102 of 2019
07.04.2021
https://www.mhc.tn.gov.in/judis/
