Madras High Court
S.Vijaya Kumar vs Thiripura Chits Pvt. Ltd on 17 April, 2021
C.M.A.No.4342 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.4342 of 2019
S.Vijaya Kumar,
S/o.Sundarajan ... Appellant
Vs.
1. Thiripura Chits Pvt. Ltd.,
2nd 36 Jeenis Road,
Saidapet, Chennai.
2. National Insurance Co. Ltd.,
No.751, Anna Salai,
Chennai – 2. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree dated 07.12.2016
made in M.C.O.P.No.3592 of 2013, on the file of the Motor Accidents
Claims Tribunal, Chennai (in the IV Court of Small Causes, Chennai).
For Appellant : Mr.Amar D. Pandiya
For Respondents :
For R1 : Not ready in notice
For R2 : Mr.J.Chandran
JUDGMENT
The claimant is the appellant in this appeal. The claimant has filed
this appeal for enhancement of compensation awarded by the Tribunal.
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C.M.A.No.4342 of 2019
The appellant/claimant is aggrieved by the impugned Judgment and
decree dated 07.12.2016 passed by the Motor Accidents Claims Tribunal,
IV Court of Small Causes, Chennai in M.C.O.P.No.3592 of 2013.
2. By the impugned Judgment and decree, the Tribunal has
awarded total compensation of Rs.3,98,070/- under the following heads:-
Heads of Compensation Amount Awarded by the Tribunal
Disability Rs.1,20,000/-
Pain and Suffering Rs. 40,000/-
Extra Nourishment Rs. 4,000/-
Transport to Hospital Rs. 4,000/-
Damages to clothes Rs. 750/-
Attender Charges Rs. 2,200/-
Medical Expenses Rs.1,97,620/-
Future Medical Expenses Rs. 5,000/-
Loss of Income Rs. 19,500/-
Loss of Amenities Rs. 5,000/-
Total Rs.3,98,070/-
Rounded to Rs.3,98,100/-
3. The appellant/claimant has prayed for enhancement of
compensation considering the nature of injuries suffered by him. It is
submitted that though the Tribunal has noted that the disability assessed
by P.W.2-Doctor as 65%, the Tribunal erred in considering only 40%
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C.M.A.No.4342 of 2019
disability. It is further submitted that the Tribunal has not awarded
appropriate compensation on the conventional heads and therefore prays
for enhancement of compensation. It is further submitted that the
Tribunal has also considered a meagre income of Rs.6,500/- to award
loss of income for three months.
4. It is submitted that the appellant/claimant was a Proprietor of
Vasan Printers and was having monthly income of Rs.15,000/- per month
and therefore the Tribunal ought to have considered the same for
awarding compensation.
5. Defending the impugned Judgment and decree, the learned
counsel for the 2nd respondent/Insurance Company submits that the
accident is of the year 2013 and the Tribunal has considered various
parameters and awarded just compensation to the appellant/claimant and
therefore prays for dismissal of the appeal.
6. I have considered the arguments advanced by the learned
counsel for the appellant and the 2nd respondent. I have also perused the
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C.M.A.No.4342 of 2019
impugned Judgment and decree and the exhibits marked before the
Tribunal. I have also perused the deposition of the witnessess tendered
evidence before the Tribunal.
7. There is no dispute regarding the nature of injuries suffered by
the appellant/claimant namely injury on the neck of femur bone. The
appellant/claimant was initially treated in the Government Hospital,
Chennai and thereafter shifted to a private hospital (Sai Ortho Care,
T.Nagar) in Chennai and treated as an inpatient from 28.05.2013 to
03.06.2013 and was thereafter admitted again between 10.09.2014 to
13.09.2014.
8. Considering the fact that the nature of injuries and the Disability
Certificate given by P.W.2-Doctor, I am of the view, the Tribunal ought to
have awarded a just compensation towards disability. Therefore, instead
of Rs.1,20,000/-, the compensation awarded by the Tribunal under the
head of disability, there shall be an enhancement of Rs.2,00,000/-.
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C.M.A.No.4342 of 2019
9. The appellant/claimant is stated to be a Proprietor of Printing
Centre, the Tribunal has awarded an amount of Rs.19,500/- towards loss
of income. It would be fair to conclude that the appellant/claimant would
have been out of action atleast for a period of six months due to the
accident. Therefore, I am inclined to enhance the compensation towards
loss of income of six months instead of three months by fixing the
notional monthly income as Rs.10,000/- per month. Since, the amount
awarded under the conventional heads are also meagre, there shall be a
partial increase in the compensation.
10. Accordingly, the compensation of Rs.3,98,070/- 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.1,20,000/- Rs.2,00,000/- Enhanced
2. Pain and Rs.40,000/- Rs.40,000/- Confirmed
Sufferings
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C.M.A.No.4342 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.4,000/- Rs.10,000/- Enhanced
Nourishment
4. Transport to Rs.4,000/- Rs.10,000/- Enhanced
Hospital
5. Damages to Rs.750/- Rs.750/- Confirmed
clothes
6. Attender Rs.2,200/- Rs.7,500/- Enhanced
Charges
7. Medical Rs.1,97,620/- Rs.1,97,620/- Confirmed
Expenses
8. Future Medical Rs.5,000/- Rs.5,000/- Confirmed
Expenses
9. Loss of Income Rs.19,500/- Rs.60,000/- Enhanced
(6,500x3) (10,000x6)
10. Loss of Rs.5,000/- Rs.15,000/- Enhanced
Amenities
Total Rs.3,98,070/- Rs.5,45,870/- Enhanced by
Rounded to Rounded to Rs.1,47,800/-
Rs.3,98,100/- Rs.5,45,900/-
11. The 2nd respondent/Insurance Company is therefore directed to
deposit the enhanced amount of compensation of Rs.5,45,900/- 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
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C.M.A.No.4342 of 2019
by it, within a period of six weeks from the date of receipt of a copy of
this Judgment.
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 the amount already
withdrawn if any, by filing suitable application before the Tribunal.
13. This Civil Miscellaneous Appeal stands partly allowed with the
above observations. No costs.
17.04.2021
arb
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
To:
The Motor Accidents Claims Tribunal,
IV Court of Small Causes, Chennai.
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C.M.A.No.4342 of 2019
C.SARAVANAN, J.
arb
C.M.A.No.4342 of 2019
17.04.2021
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