Madras High Court
M.M.Rajan vs N.Prahalad on 15 April, 2021
C.M.A.No.2450 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.2450 of 2019
M.M.Rajan,
S/o.Manickam ... Appellant
Vs.
1.N.Prahalad
2.United India Insurance Co.Ltd.,
Motor Third Party Hub,
Silingi Building,
4th Floor, No.134, Greams Road,
Chennai – 600 006. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree dated 27.09.2018
made in M.C.O.P.No.3955 of 2016, on the file of the Motor Accidents
Claims Tribunal (Special Sub Court No.1, Motor Accidents Claims
Petitions) Small Causes Court, Chennai.
For Appellant : Mr.R.Nalliyappan
For Respondents :
For R1 : Set exparte
For R2 : Mr.M.J.Vijaya Raghavan
JUDGMENT
The claimant is the appellant in this appeal and is aggrieved by the
impugned Judgement and decree dated 27.09.2018 passed by the Motor
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C.M.A.No.2450 of 2019
Accidents Claims Tribunal, (Special Sub Court No.1, Motor Accidents
Claims Petitions) Small Causes Court, Chennai in M.C.O.P.No.3955 of
2016.
2. By the impugned Judgment and decree, the Tribunal has
awarded a sum of Rs.3,34,000/- as compensation under the following
heads:-
Heads of Compensation Amount Awarded by the Tribunal
Disability Rs. 30,000/-
Pain and Sufferings Rs. 25,000/-
Extra Nourishment Rs. 15,000/-
Transportation Rs. 5,000/-
Medical Bills Rs.2,15,726/-
Attender Charges Rs. 2,250/-
Loss of Earnings Rs. 21,000/-
Loss of Future Prospectus Rs. 20,000/-
Total Compensation is fixed at Rs.3,33,976/-
Rounded off to Rs.3,34,000/-
3. The appellant/claimant has challenged the impugned Judgment
and decree on the ground that the Tribunal has restricted the disability at
10% at Rs.3,000/- per percentage merely on the ground that the Doctor
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C.M.A.No.2450 of 2019
namely P.W.2 was not the person who had given treatment to the
appellant/claimant. It is submitted that the Tribunal ought to have
awarded compensation at Rs.5,000/- per percent at 30% disability as was
deposed by P.W.2-Doctor and in the Disability Certificate in Ex.P.12. It
is further submitted that the Tribunal erred in awarding a meagre
compensation of Rs.21,000/- towards loss of earning for a period of three
months alone at Rs.7,000/- as notional monthly income to the
appellant/claimant.
4. Defending the impugned Judgment and decree, the learned
counsel for the 2nd respondent/Insurance Company submits that the
Tribunal has passed a proper order and there was no irregularity in the
reasonings given by the Tribunal and therefore the appeal filed by the
appellant was liable to be dismissed.
5. The learned counsel for the 2nd respondent/Insurance Company
further submitted that P.W.2 was a stock witness and therefore the
report/Disability Certificate in Ex.P.12 and the deposition of P.W.2 was
exaggerated and therefore the Tribunal has correctly awarded at 10%
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C.M.A.No.2450 of 2019
disability. It is further submitted that the appellant/claimant had suffered
tibia fracture on his left leg and therefore hospitalized only for 9 days
involved surgery in Tibia and therefore the order passed by the Tribunal
was correct/well-reasoned and requires no interference.
6. Heard the learned counsel for the appellant and the second
respondent. I have perused the impugned Judgment and decree and the
records which forms the basis of the aforesaid award before the Tribunal.
7. As per Ex.P12-Disability Certificate, the appellant/claimant
suffered 30% disability whereas the Tribunal has considered only 10% on
the ground that P.W.2 was not the person who treated the
appellant/claimant.
8. In my view, the Disability Certificate given by the expert cannot
be ignored without any proper reasonings. In any event, the Tribunal is
required to ascertain the functional disability while awarding
compensation. Since there is no proper discussion on the same, I am
inclined to consider 20% disability at Rs.5,000/- per percentage,
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C.M.A.No.2450 of 2019
considering the nature of injuries suffered by the appellant/claimant was
aged about 65 years at the time of accident. Therefore, the compensation
awarded by the Tribunal towards disability is enhanced to Rs.1,00,000/-.
9. The appellant/claimant is stated to be a owner of Tea Stall, the
Tribunal has awarded an amount of Rs.21,000/- towards loss of earning.
Considering the nature of injuries suffered by the appellant/claimant, it
would be fair to conclude that the appellant/claimant would have been
out of action atleast for a period of six months. Therefore, the amount
awarded towards future prospects is enhanced to Rs.42,000/- i.e.,
Rs.7,000/-x6= Rs.42,000/-.
10. Accordingly, the compensation awarded by the Tribunal is
recomputed as follows:-
Sl.No. Heads of Amount Awarded Amount Award
Compensation by the Tribunal awarded by confirmed or
this Court enhanced or
reduced or
granted or set
aside
1. Disability Rs.30,000/- Rs.1,00,000/- Enhanced
2. Pain and Rs.25,000/- Rs. 25,000/- Confirmed
Sufferings
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C.M.A.No.2450 of 2019
Sl.No. Heads of Amount Awarded Amount Award
Compensation by the Tribunal awarded by confirmed or
this Court enhanced or
reduced or
granted or set
aside
3. Extra Rs.15,000/- Rs.15,000/- Confirmed
Nourishment
4. Transportation Rs.5,000/- Rs.5,000/- Confirmed
5. Medical Bills Rs.2,15,726/- Rs.2,15,726/- Confirmed
6. Attender Rs. 2,250/- Rs.2,250/- Confirmed
Charges
7. Loss of Rs. 21,000/- Rs.21,000/- Confirmed
Earnings
8. Loss of Future Rs. 20,000/- Rs.42,000/- Enhanced
Prospectus
Total Rs.3,33,976/- Rs.4,25,976/- Enhanced by
Rounded off to Rounded off to Rs.92,000/-
Rs.3,34,000/- Rs.4,26,000/-
11. The 2nd respondent/Insurance Company is therefore directed to
deposit the enhanced amount of compensation of Rs.4,26,000/- 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 it, within a period of six weeks from the date of receipt of a copy of
this Judgment.
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C.M.A.No.2450 of 2019
12. On such deposit being made by the 2nd respondent/Insurance
Company, the appellant/claimant is permitted to withdraw the same
together with interest accrued thereon, less any amount already
withdrawn in the same proportion as was ordered by the Tribunal.
13. This Civil Miscellaneous Appeal stands partly allowed with the
above observations. No costs.
15.04.2021
arb
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
To:
1.The Motor Accidents Claims Tribunal,
Special Sub Court No.1,
Small Causes Court, Chennai.
2.The Section Officer,
Vernacular Section,
Madras High Court.
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C.M.A.No.2450 of 2019
C.SARAVANAN, J.
arb
C.M.A.No.2450 of 2019
15.04.2021
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