Madras High Court
N.Senthilselvan vs Jerin Abraham on 7 April, 2021
C.M.A.No.2041 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
C.M.A.No.2041 of 2010
N.Senthilselvan ... Appellant
Versus
1.Jerin Abraham
2.National Insurance Co.Ltd.,
No.751, Anna Salai,
Chennai – 2 ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, against the judgment and decree dated 31.03.2010 made in
M.C.O.P.No.4202 of 2008 on the file of the Motor Accident Claims
Tribunal, II Court of Small Causes, Chennai
For Appellant : Mr.M.Sivakumar
for Mr.V.Jagannathan
For Respondents
For R2 : Mr.J.Chandran
R1 : Notice served
Page 1 of 10
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C.M.A.No.2041 of 2010
JUDGMENT
This appeal is laid as against the judgment and decree dated
31.03.2010 made in M.C.O.P.No.4202 of 2008 on the file of the Motor
Accident Claims Tribunal, II Court of Small Causes, Chennai, thereby
awarded the compensation to the tune of Rs.1,06,000/-.
2. For the sake of convenience, the parties are referred to
hereunder according to their litigative status before the Tribunal.
3. The case of the claimant is that on 27.09.2008 at about 2.15
hours, when he was riding his two wheeler the first respondent drove his car
in a rash and negligent manner and hit the claimant. Due to the said
accident, the claimant sustained grievous injuries. He was working as Field
Executive in a private company and was earning Rs.6,000/- per month with
petrol allowance Rs.100/- per day. Due to the accident, he sustained head
injury and he was admitted into hospital on 27.09.2008 and he was
discharged on 06.10.2008. Even after the discharge from hospital, he was
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C.M.A.No.2041 of 2010
not able to attend his work due to the injuries sustained by him during the
accident. Therefore, the claimant filed claim petition seeking compensation
of Rs.6,00,000/-.
4. The respondents remained exparte before the Tribunal.
5. On the side of the claimant, he examined P.W.1 and P.W.2 and
marked Ex.P.1 to Ex.P.9. On the side of the respondents neither oral nor
documentary evidence was let in. On the basis of the evidence available on
records and also considering the submission made by the learned counsel
appearing on either side, the Tribunal awarded compensation of
Rs.1,06,000/- payable by the second respondent herein with interest at the
rate of 7.5% per annum from the date of petition till the date of deposit.
Being not satisfied with the quantum of the compensation awarded by the
Tribunal, the claimant came forward with the present appeal for
enhancement of award.
6. The learned counsel appearing for the claimant submits that the
appellant sustained injuries and due to which he got permanent disability at
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C.M.A.No.2041 of 2010
40%. In this regard, doctor who assessed the disability was examined as
PW2. The claimant also sustained injury in Tramatic Brain, Left
Subarachnold, Haemorrhage, Subdoral Haemorrhage. Further the Tribunal
awarded only a sum of Rs.10,000/- towards medical expenses, when the
appellant had taken treatment as inpatient for ten days at Sundaram Medical
Foundation, Dr.Ranganathan Memorial Hospital, Chennai. Further
submitted that Ex.P4, medical bills were shown to the tune of Rs.91,418/-
whereas the Tribunal awarded only a sum Rs.10,000/- as medical
expenditure. Therefore, the appellant sought for enhancement of the award.
7. Per contra, the learned counsel for the second respondent
would submit that the Tribunal rightly awarded a sum of Rs.10,000/-
towards medical expenditure since the medical bills produced by the
appellant are not believable one.
8. Heard Mr.M.Sivakumar, learned counsel appearing for the
claimant and Mr.J.Chandran, learned counsel appearing for the second
respondent.
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C.M.A.No.2041 of 2010
9. While the appellant was working as Field Executive in a
private company, on 27.09.2008, when he was riding his motorcyle, at the
same time, the first respondent was driving his four wheeler in a rash and
negligent manner, came to the wrong side and hit the petitioner. Due to the
said accident, the appellant sustained head injury and immediately he was
admitted into hospital on 27.09.2008. He had taken treatment for 10 days.
Thereafter, on 06.10.2008 he was discharged from hospital. There is no
dispute in respect of the accident liability. In respect of the quantum, the
appellant filed this appeal for enhancement. The Tribunal awarded a sum of
Rs.1,06,000/- on the following heads:
Sl.No Heads Awarded by the Tribunal
1 Loss of earnings Rs.18,000/-
2 Transport expenses Rs. 5,000/-
3 Extra nourishment Rs. 5,000/-
charges
4 Damaged to dress Rs. 3,000/-
and articles
5 Medical Expenses Rs. 10,000/-
6 Loss of Langivity Rs. 5,000/-
7 Attendants charge Rs. 5,000/-
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C.M.A.No.2041 of 2010
Sl.No Heads Awarded by the Tribunal
8 Mental Agony Rs. 5,000/-
9 Compensation for pain Rs. 10,000/-
and suffering
10 Permanent Disability Rs. 40,000/-
Total Rs. 1,06,000/-
10. The appellant was discharged from hospital i.e. Sundaram
Medical Foundation, Dr.Ranganathan Memorial Hospital, Chennai on
06.10.2008. The discharge summary was marked as Ex.P3 and the medical
bills were marked as Ex.P4. The Tribunal awarded a sum Rs.10,000/-
towards medical expenditure. Whereas on perusal of Ex.P4, medical bills,
comes around Rs.28,772/- other than the charges for CT scan and other
laboratory bills. Considering the Ex.P4, medical bills series, this Court is
inclined to enhance the medical expenses from Rs.10,000/- to Rs.50,000/-.
11. Accordingly the compensation awarded by the Tribunal stands
modified as under :-
Sl.No Heads Awarded by the Awarded by this
Tribunal Court
1 Loss of earnings Rs.18,000/- Rs.18,000/-
2 Transport expenses Rs. 5,000/- Rs. 5,000/-
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C.M.A.No.2041 of 2010
Sl.No Heads Awarded by the Awarded by this
Tribunal Court
3 Extra nourishment Rs. 5,000/- Rs. 5,000/-
charges
4 Damaged to dress Rs. 3,000/- Rs. 3,000/-
and articles
5 Medical Expenses Rs. 10,000/- Rs. 50,000/-
6 Loss of Langivity Rs. 5,000/- Rs. 5,000/-
7 Attendants charge Rs. 5,000/- Rs. 5,000/-
8 Mental Agony Rs. 5,000/- Rs. 5,000/-
9 Compensation for Rs. 10,000/- Rs. 10,000/-
pain and suffering
10 Permanent Disability Rs. 40,000/- Rs. 40,000/-
Total Rs. 1,06,000/- Rs. 1,46,000/-
12. In the result the Civil Miscellaneous Appeal is partly allowed
as follows:-
(i) The award passed by the Tribunal is enhanced from Rs.1,06,000/-
to Rs.1,46,000/-.
(ii) The award amount will carry the interest at the rate of 7.5% per
annum from the date of the claim petition till the date of deposit.
(iii) The second respondent is directed to deposit the award amount,
less the amount, if any, already deposited, along with accrued interest within
a period of six weeks from the date of receipt of copy of this Judgment.
(iv) On such deposit, the claimant is permitted to withdraw the
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C.M.A.No.2041 of 2010
amount awarded as above by filing proper application before the Tribunal.
(v) The claimant shall pay requisite Court fee before the receipt of
the copy of the judgment for the enhanced compensation.
(vi) There shall be no order as to costs.
07.04.2021
Index:Yes/No
Internet: Yes/no
Speaking/Non-speaking Order
lok
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C.M.A.No.2041 of 2010
To
1.The II Judge, Court of Small Causes,
Motor Accident Claims Tribunal, Chennai
2.The Section Officer,
V.R.Section,
Madras High Court,
Chennai.
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C.M.A.No.2041 of 2010
G.K.ILANTHIRAIYAN, J.
lok
C.M.A.No.2041 of 2010
07.04.2021
https://www.mhc.tn.gov.in/judis/
