Madras High Court
Subramani vs Murugesan on 9 April, 2021
CMA.No.359 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.359 of 2020
(Through Video Conferencing)
Subramani ... Appellant
Vs.
1.Murugesan
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 dated 20.09.2019
made in M.C.O.P.No.1844 of 2016, on the file of the Motor Accident
Claims Tribunal, Special Subordinate Judge No.II, Salem.
For Appellants : Mr.T.S.Arthanareeswaran
For R1 : No Appearance
For R2 : Mr.D.Bhaskaran
JUDGMENT
The Claimant is the appellant in this appeal. He is aggrieved by the
compensation awarded by the Tribunal in its judgment and decree dated
https://www.mhc.tn.gov.in/judis/
CMA.No.359 of 2020
20.09.2019 made in MACTOP.No.1844 of 2016 passed by the Motor
Accident Claims Tribunal, Special Subordinate Judge No.II, Salem. In
this appeal, the appellant seeks to claim enhancement of compensation.
2. The learned counsel for the appellant submits that the claimant is
aged about 45 years and he was working as driller in a borewell vehicle
and also as an agriculturist coolie. He further submits that there is no
dispute in the manner that the accident took place. The appellant had
driven the motor cycle with two other persons as pillion rider and met with
an accident on a junction when the motor cycle was hit by the insured car
namely L.M.V. Tavera car bearing Registration No.TN-30 AM-5043.
3. The learned counsel for the appellant further submitted that the
Tribunal has awarded compensation on percentage basis at Rs.3,000/- per
percent and has further deducted 45% towards contributory negligence of
the appellant on the ground that the appellant did not possess valid driving
license nor he was authorised to carry 2 persons apart from him as pillion
in the motor cycle. In this appeal, the appellant has questioned the
deduction of 45% towards contributory negligence and the loss of income
https://www.mhc.tn.gov.in/judis/
CMA.No.359 of 2020
of the appellant who was earning a sum of Rs.25,000/- per month.
4. The Tribunal has awarded a sum of Rs.2,20,441/- after deducting
45% from the over all compensation of Rs.4,00,802/-. The computation of
the compensation in the impugned judgement and decree is as below :
Serial No Heads of Compensation Awarded by the Tribunal
1. Loss of Permanent Disability Rs.75,000/-
2. Pain and Suffering Rs.50,000/-
3. Loss of Amenities Rs.50,000/-
4. Medical Expenses Rs.1,30,802/-
5. Loss of Income Rs.54,000/-
6. Transport Expenses Rs.10,000/-
7. Extra Nourishment Rs.20,000/-
8. Attender Charges Rs.1,000/-
9. Loss of Damages of cloth Rs.1,000/-
Total Rs.4,00,802/-
5. Heard the arguments of the learned counsel for the appellant and
the learned counsel for the respondent.
6. Considering the same, I am of the view that the Tribunal has
come to a fair conclusion. However, this Court is inclined to enhance the
https://www.mhc.tn.gov.in/judis/
CMA.No.359 of 2020
compensation. Instead of awarding the compensation at Rs.3,000/- per
percent, I am inclined to modify the same at Rs.4,000/- per percentage of
permanent disability. The compensation towards permanent disability is
thus enhanced to Rs.1,00,000/-.(Rs.4000 x 25) from Rs.75,000/-(Rs.3,000
x 25). Thus, there shall be an enhancement of Rs.25,000/- to the
compensation. The Tribunal has deducted 45% from the overall
compensation.
7. Considering the fact that the appellant only did not possess a
valid driving license, the deduction for not possessing license cannot be
upheld 45%. Therefore, deduction towards contributory negligence at
45% is reduced to 25%. The compensation thus awarded to the appellant is
re-quantified by deducting 25% from the over all compensation of
Rs.4,25,802 (Rs.4,00,082/- + 25,000) as follows:-
4,25,082 x 75/100 = Rs.3,19,351/- whether is rounded of
Rs.3,20,351/-.
8. Accordingly, the 2nd respondent Insurance company is directed to
deposit a sum of Rs.3,20,351/- together with interest at 7.5% per annum
https://www.mhc.tn.gov.in/judis/
CMA.No.359 of 2020
from the date of numbering of the claim petition till the date of payment to
the credit of MACTOP.No.1844 of 2016 before the Motor Accidents Claim
Tribunal, Special Subordinate Judge No.II, Salem, less any amount already
deposited within a period of eight (8) weeks from the date of receipt of a
copy of this order.
9. On such deposit being made, the appellant is entitled to withdraw
the same together with interest accrued thereon, less the amount if any,
already withdrawn, by filing suitable application before the Tribunal.
10. This Civil Miscellaneous Appeal is partly allowed. No costs.
09.04.2021
drl
Index : Yes/No
Internet : Yes/No
To:
1.The Motor Accidents Claims Tribunal,
Special Subordinate Judge No.II,
Salem.
2.The Section Officer,
VR Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
CMA.No.359 of 2020
C.SARAVANAN, J.
drl
C.M.A.No.359 of 2020
09.04.2021
https://www.mhc.tn.gov.in/judis/
