Madras High Court
S.Prema vs M/S.Anton Engineering on 5 August, 2021
C.M.A.No.1163 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.08.2021
CORAM
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
C.M.A.No.1163 of 2020
1.S.Prema
2.S.Sathia Babu
3.R.K.Sangeetha ... Appellants
vs.
1.M/s.Anton Engineering,
No.591/1, T.N.Road,
Washermenpet,
Chennai – 600 021.
2.The Oriental Insurance Co. Ltd.,
No.8, Esplanade,
Chennai – 600 104. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the judgment and decree dated 22.01.2019
made in M.C.O.P.No.1109 of 2011 on the file of the Motor Accident
Claims Tribunal (III Court of Small Causes), Chennai.
For Appellants : Mr.P.Satheesh Kumar
For Respondents-1 : Ex-parte
For Respondent-2 : Mr.E.Chandrasekaran
Page No.1 of 8
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C.M.A.No.1163 of 2020
JUDGMENT
This Civil Miscellaneous Appeal has been filed seeking
enhancement of compensation granted by the Tribunal in the award
dated 22.01.2019 made in M.C.O.P.No.1109 of 2011 on the file of the
Motor Accident Claims Tribunal (III Court of Small Causes), Chennai.
2. The appellants are the claimants in M.C.O.P.No.1109 of 2011
on the file of the Motor Accident Claims Tribunal, III Court of Small
Causes, Chennai. They filed the above said claim petition, claiming a
sum of Rs.10,00,000/- as compensation for the death of the deceased
R.Sundarajan due to the accident, which occurred on 13.03.2010.
3. The case of the appellants is that on 13.03.2010 about 12.45
p.m., while the first petitioner's husband was walking in the
Thiruvottiyur to Ennore express road from North to South direction, a
JCB bearing Reg.No.TN-04-S-9201 driven by its driver in a rash and
negligent manner in the same road from South to North direction,
dashed against the deceased, thereby the deceased sustained fatal
injuries and then died.
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C.M.A.No.1163 of 2020
4. The Tribunal considering the pleadings, oral and documentary
evidence, held that the deceased underwent surgical procedure for
Scrotal injury and he was discharged on 02.06.2010. He died
subsequently on 19.10.2010 after a period of 3 months from the date
of discharge. Since no documents were produced to prove that the
deceased died due to accidental injuries, the Tribunal concluded that
the first petitioner's husband not died due to the consequences of the
accidental injuries and awarded compensation under injury category.
The Tribunal also held that the accident occurred due to the rash and
negligent driving of the driver of the first respondent and directed the
second respondent being the insurer of the first respondent's vehicle,
to pay a sum of Rs.3,00,000/- as compensation to the appellants. Not
being satisfied with the amount awarded by the Tribunal, the
appellants herein have come out with the present appeal seeking
enhancement of compensation.
5. The learned counsel for the appellants contended that the
Tribunal failed to note that the deceased was taking treatment for a
period of 82 days as inpatient and his right testis was removed and he
was taking continuous treatment till his death. He further contended
that the Tribunal ought to have awarded the claim only under fatal
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C.M.A.No.1163 of 2020
category and not under injury category. Hence, he prayed for
enhancement of compensation.
6. The learned counsel appearing for the 2nd respondent-
Insurance Company submitted that the Claims Tribunal on considering
the oral and documentary evidence has rightly awarded the
compensation and therefore the same need not be interfered with.
7. Heard the learned counsel for the appellants as well as the
learned counsel appearing for the 2nd respondent-Insurance Company
and perused the entire materials on record.
8. It is the case of the appellants that the Claims Tribunal has
not granted compensation under fatal category. Though the Tribunal
has rightly fixed the compensation for injury, however, the future
earnings have not been taken for six months. As the deceased was a
Painter, a sum of Rs.8,000/- is taken as monthly income and taking
note of that, Rs.48,000/- (6 x 8,000/-) is awarded under the head of
Future Earnings. Moreover, it is observed that the deceased took
inpatient treatment for a period of 82 days. He also underwent
surgery during his inpatient treatment. Considering the nature of
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C.M.A.No.1163 of 2020
injuries sustained and the period of treatment undergone by the
deceased, this Court inclined to grant a sum of Rs.20,000/- towards
Extra Nourishment and a sum of Rs.20,000/- towards Attender
Charges.
9. As the amount awarded by the Tribunal under other heads
are just and reasonable, the same are confirmed. Thus, the
compensation awarded by the Tribunal is modified as follows:
S. Description Amount Amount Award
No awarded by awarded by confirmed or
Tribunal this Court enhanced or
(Rs) (Rs) granted
1. Diet 1,00,000/- 1,00,000/- Confirmed
2. Transportation 50,000/- 50,000/- Confirmed
3. Medical Expenses 1,50,000/- 1,50,000/- Confirmed
4. Future Earnings Nil 48,000/- Granted
(8,000/- x 6)
5. Extra Nourishment Nil 20,000/- Granted
6. Attender charges Nil 20,000/- Granted
Total Rs.3,00,000/ Rs.3,88,000/- Enhanced by
- Rs.88,000/-
10. In the result, this Civil Miscellaneous Appeal is partly
allowed and the compensation awarded by the Tribunal at
Rs.3,00,000/- (Rupees Three lakhs only) is hereby enhanced to
Rs.3,88,000/- (Rupees Three lakhs Eighty Eight thousand only)
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C.M.A.No.1163 of 2020
together with interest at the rate of 7.5% per annum from the date of
Claim Petition till the date of deposit. The 2 nd respondent-Insurance
Company is directed to deposit the Award amount determined by this
Court, along with interest and costs, less the amount already
deposited, if any, within a period of eight weeks from the date of
receipt of a copy of this judgment to the credit of M.C.O.P.No.1109 of
2011 on the file of the Motor Accident Claims Tribunal, (III Court of
Small Causes), Chennai. On such deposit being made, the Tribunal is
directed to transfer the Award amount directly to the Bank account of
the Appellants/Claimants through RTGS, within a period of two
weeks. The Appellants are directed to pay the necessary Court fee, if
any, on the enhanced compensation. No costs.
05.08.2021
Index : Yes / No
Speaking Order : Yes / No
rsi
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C.M.A.No.1163 of 2020
To:
1. The Motor accident Claims Tribunal,
III Court of Small Causes,
Chennai.
2. The Section Officer,
V.R. Section,
High Court of Madras,
Chennai - 600 104.
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C.M.A.No.1163 of 2020
S.VAIDYANATHAN, J.
rsi
C.M.A.No.1163 of 2020
05.08.2021
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