Madras High Court
M. Chinnappa Raj vs P. Kalaiarasu on 2 August, 2021
C.M.A.Nos.4404 of 2019 & 710 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
C.M.A.Nos.4404 of 2019 & 710 of 2020
C.M.A.No.4404 of 2019:
M. Chinnappa Raj ... Appellant
Vs.
1. P. Kalaiarasu
2. Royal Sundaram Alliance Insurance Co. Ltd.,
No.1, Club House Road,
Sundaram Building,
Anna Salai,
Chennai 600 002. ... Respondents
C.M.A.No.710 of 2020:
M/s.Royal Sundaram Alliance Insurance Company Limited
No.1, Club House Road,
Sundaram Building,
Anna Salai, Chennai 600 002. ... Appellant
Vs.
1. M.Chinnappa Raj
2. P. Kalaiarasu ... Respondents
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C.M.A.Nos.4404 of 2019 & 710 of 2020
COMMON PRAYER: These Civil Miscellaneous Appeals are
filed under Section 173 of Motor Vehicles Act, against the judgment and
decree dated 17.07.2018 made in M.C.O.P.No.7779 of 2013 on the file of
the Motor Accidents Claims Tribunal, Special Subordinate Court No.2,
Small Causes, Chennai.
In C.M.A.No.4404 of 2019
For Appellant : Mr.Amar D.Pandiya
for M/s.K.Suryanarayanan
For R1 : No Appearance
For R2 : Mr.M.B.Raghavan
In C.M.A.No.710 of 2020
For Appellant : Mr.M.B.Raghavan
For R1 : Mr.Amar D.Pandiya
for M/s.K.Suryanarayanan
For R2 : No appearance
COMMON JUDGMENT
These Civil Miscellaneous Appeals are filed against the award
dated 17.07.2018 made in M.C.O.P.No.7779 of 2013 on the file of the
Motor Accidents Claims Tribunal, Special Subordinate Court No.2, Small
Causes, Chennai.
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C.M.A.Nos.4404 of 2019 & 710 of 2020
2. Both the appeals arise out of the same accident and same award
and hence they are disposed of by this common judgment. The parties are
referred to as per their respective ranks in the claim petition, for the sake
of convenience.
3.The appellant in C.M.A.No.4404 of 2019 is the claimant in
M.C.O.P.No.7779 of 2013 on the file of the Motor Accidents Claims
Tribunal, Special Subordinate Court No.2, Small Causes, Chennai. He
filed the above claim petition claiming a sum of Rs.30,00,000/- as
compensation for the injuries sustained by him in the accident that took
place on 07.10.2013.
4.The Tribunal, considering the pleadings, oral and documentary
evidence, held that the accident has occurred only due to rash and
negligent driving of the car driver bearing Registration No.TN-05-AK-
2819, of which the Car belongs to the first respondent and directed the 2 nd
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C.M.A.Nos.4404 of 2019 & 710 of 2020
respondent being insurer of the said Car to pay the award amount i.e., a
sum of Rs.18,26,700/- as compensation to the claimant.
5. Not being satisfied with the award amount granted by the
Tribunal, the claimant has come out with C.M.A.No.4404 of 2019 for
enhancement of compensation. Challenging the quantum of compensation
awarded by the Tribunal dated 17.07.2018 made in M.C.O.P.No.7779 of
2013, the 2nd respondent-Insurance Company has come out with
C.M.A.No.710 of 2020.
6. The learned counsel appearing for the 2nd respondent-Insurance
Company contended that for the injuries suffered by the claimant the
Tribunal has awarded Rs.15,30,000/- under the head “loss of future
earning capacity” which appears to be on the higher side and that the
claimant was only 31 years old and was working as a Co-ordinator in
Vellammal Higher Secondary School, Mugappair West, Chennai and was
drawing a sum of Rs.26,000/- on the date of accident. He further
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C.M.A.Nos.4404 of 2019 & 710 of 2020
submitted that claimant suffered only a fracture injury and it does not
affect its earning capacity and he is still working and at present drawing a
sum of Rs.45,000/- per month and that the compensation awarded by the
Tribunal under the head “loss of future earning capacity” is excessive and
prayed for setting aside the awarded amount.
7. The learned counsel appearing for the claimant contended that
the Tribunal erred in awarding only a meagre sum of Rs.18,26,700/- as
compensation for the injuries sustained by the appellant/claimant. The
appellant sustained fracture of tibia right lower limb and surgery of IMIL
nailing right tibia under SA was done. The amounts awarded by the
Tribunal under different heads are meagre and prayed for enhancement of
compensation.
8. Heard the learned counsel appearing for the claimant as well as
2nd respondent-Insurance Company and perused the materials available
on record.
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C.M.A.Nos.4404 of 2019 & 710 of 2020
9. From the materials available on record, it is seen that the
accident took place on 07.10.2013 and the claimant suffered fracture of
tibia right lower limb and surgery of IMIL nailing right tibia under SA
was done. As the claimant suffered only fracture injury it does not affect
his earning capacity and also taking into account that the claimant is still
working in the above mentioned school and drawing a sum of
Rs.45,000/- p.m. which is ascertained by the learned counsel for the
appellant through their investigator and the same is not disputed, the
amount awarded as Rs.15,30,000/- under the head Loss of future earning
capacity is set aside. Though the disability assessed by the Doctor at 50%
is correct, the Tribunal assessed the disability only at 25%, which ought
not to have been reduced by the Tribunal and hence the same is enhanced
to 50% from 25%. The amount awarded by the Tribunal towards
disability is modified to Rs.1,50,000/- (3,000 x 50%). However the
compensation awarded in other heads are very low and this Court inclines
to enhance the same. Thus, the compensation awarded by the Tribunal is
modified as follows:
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C.M.A.Nos.4404 of 2019 & 710 of 2020
S. Description Amount Amount Award
No awarded by awarded by confirmed or
Tribunal this Court enhanced or
(Rs) (Rs) granted
1. Loss of future earning 15,30,000/- Nil Set aside
due to loss of earning
power
2. Compensation for
25% x 3 = 50%x3=
continuing of Enhanced
75,000/- 1,50,000/-
permanent disability
3. Pain and sufferings 25,000/- Rs.50,000/- Enhanced
4. Loss of Income 1,04,000/- 1,04,000/- Confirmed
5. Transport to hospital 2,000/- 20,000/- Enhanced
6. Extra-nourishment 25,000/- 25,000/- Confirmed
7. Damage to clothing 3,000/- Rs.3,000/- Confirmed
and articles
8. Medical expenses 62,700/- Rs.62,700/- Confirmed
9. Attender charges NIL Rs.25,000/- Enhanced
10. Loss of Amenities NIL Rs.30,000/- Enhanced
11. Future Medical NIL Rs.30,000/- Enhanced
Expenses
Total Rs.18,26,700/- Rs.4,99,700/- Reduced by
rounded off Rs.13,27,000/-
to
Rs.5,00,000/-
10. In the result, C.M.A.No.4404 of 2019 filed by the Claimant is
dismissed and C.M.A.No.710 of 2020 filed by the Insurance Company is
partly allowed.
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C.M.A.Nos.4404 of 2019 & 710 of 2020
a) the compensation awarded by the Tribunal at Rs.18,26,700/- is
hereby reduced to Rs.5,00,000/- with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit.
b) the 2nd respondent-Insurance Company is directed to deposit the
modified award amount now determined by this Court with interest and
costs, less the amount already deposited, if any, within a period of four
weeks from the date of receipt of a copy of this judgment, to the credit of
M.C.O.P.No.7779 of 2013 on the file of the Motor Accidents Claims
Tribunal, Special Subordinate Court No.2, Small Causes, Chennai.
c) on such deposit being made, the Tribunal shall transfer the
modified amount along with interest and cost, less the amount if any,
already withdrawn, to the claimant's bank account through RTGS within
a period of one week thereon.
11. The learned counsel for the second respondent-Insurance
Company submitted that 50% of the award amount has already been
deposited as per the interim order passed by this Court on 26.02.2020. In
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C.M.A.Nos.4404 of 2019 & 710 of 2020
that event the claimant is entitled to withdraw the modified amount
ordered by this Court together with interest and costs and the balance
amount shall be refunded to the Insurance Company. No costs.
Consequently, the connected miscellaneous petition is closed.
02.08.2021
Index : Yes/No
Internet: Yes/No
Speaking/Non-speaking order
dpq
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C.M.A.Nos.4404 of 2019 & 710 of 2020
S. VAIDYANATHAN, J.
dpq
To
1.The Special Subordinate Court No.2,
Small Causes, Chennai.
C.M.A.Nos.4404 of 2019
& 710 of 2020
02.08.2021
http://www.judis.nic.in
