Madras High Court
Rajkumar vs Premavathi on 6 August, 2021
C.M.A.No.1919 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN
C.M.A.No.1919 of 2021
Rajkumar ... Appellant
Vs.
1. Premavathi
2. United India Insurance Company Limited,
No.104-A, Ranga Building,
Perumanur Main Road,
Near Four Roads, Salem District,
Branch Office: 146N, Kumar Complex,
Annasalai, Tiruchengode Town & Taluk,
Namakkal District – 11 ... Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
21.02.2020 made in M.C.O.P.No.227 of 2015 on the file of the Motor
Accident Claims Tribunal/Subordinate Court, Tiruchengode.
For Appellant : Mr.T.S.Arthanareeswaran
For Respondents : No appearance for R1
Ms.I.Malar Ravichandran
1/8
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C.M.A.No.1919 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the Tribunal in the award dated 21.02.2020 made in
M.C.O.P.No.227 of 2015 on the file of the Motor Accidents Claims Tribunal,
Subordinate Court, Tiruchengode.
2. The appellant is the claimant in M.C.O.P.No.227 of 2015 on the file
of the Motor Accident Claims Tribunal, Subordinate Court, Tiruchengode.
He filed the said claim petition, claiming a sum of Rs.15,00,000/- as
compensation for the injuries sustained by him in the accident that took place
on 24.07.2015.
3. According to the appellant, on 24.07.2015 at about 05.50 hours,
while the claimant was riding the motorcycle bearing Registration No.TN 28
BZ 1629 (TVS Sport Motor Cycle) from Tiruchengode to Salem main road
from North to South direction near Kailasapalayam Water Tank at that time,
the driver of a private bus bearing Registration No.TN 30 AX 1200 (Ashok
Leyland S.N.B. Bus) Salem to Tiruchengcode, drove the bus without
observing the Road Traffic Rules in a rash and negligent manner from South
to North direction and dashed against the motorcycle rode by the claimant
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C.M.A.No.1919 of 2021
and caused the accident. In the accident, the claimant fell down from the
motorcycle and sustained multiple grievous injuries all over his body.
Therefore, he filed the said claim petition claiming a sum of Rs.15,00,000/- as
compensation for the injuries sustained by him.
4. The 1st respondent- driver of the bus remained exparte before the
Tribunal.
5. Before the Tribunal, the appellant examined himself as P.W.1 and
one John Kurupatham was examined as P.W.2 and 9 documents were marked
as Exs.P1 to P9. The 2nd respondent-Insurance Company did not let in any
oral and documentary evidence.
6. The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
both the driver of the bus belonging to the 1st respondent and awarded a sum
of Rs.4,30,900/- as compensation and directed the 2nd respondent-Insurance
Company, being the insurer of the bus to pay a sum of Rs.4,30,900/- towards
the award amount as compensation to the appellant.
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C.M.A.No.1919 of 2021
7. Not being satisfied with the amount awarded by the Tribunal, the
appellant has come out with the present appeal seeking enhancement of
compensation.
8. The learned counsel appearing for the appellant contended that the
appellant was working as a Sculpture and was earning a sum of Rs.20,000/-
per month. In the accident, the appellant sustained grievous injuries and
fractures (Degloving Injury in left Thigh & Knee and closed fracture lateral
Tibial condyle left side with extension to diaphysis). He took treatment as
inpatient from 24.07.2015 to 04.08.2015 and underwent surgery. Again, he
was admitted in the hospital as an inpatient from 11.09.2015 to 07.10.2015.
The Tribunal having held that appellant suffered 25% loss of earning
capacity, erred in granting compensation by percentage method. The Tribunal
ought to have awarded a sum of Rs.4,000/- per percentage for 25% of
disability as assessed by Doctor. The Tribunal has erroneously fixed a meagre
sum of Rs.8,000/- per month as notional income of the appellant. The amount
awarded by the Tribunal towards pain and sufferings, transportation, extra
nourishment and loss of income are meagre. The total compensation awarded
by the Tribunal is meagre and prayed for enhancement of compensation.
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C.M.A.No.1919 of 2021
9. Per contra, the learned counsel appearing for the 2nd respondent-
Insurance Company contended that the Tribunal accepted Ex.P5/disability
certificate issued by the Namakkal Government Hospital and awarded a sum
of Rs.75,000/- for 25% disability at the rate of Rs.3,000/- per percentage of
disability and the same is not meagre. The appellant has not suffered any
functional disability and hence, he is not entitled to any compensation
towards loss of earning capacity. The amounts awarded by the Tribunal under
different heads are not meagre and prayed for dismissal of the appeal.
10. Heard the learned counsel appearing for the appellant as well as the
learned counsel appearing for the 2nd respondent-Insurance Company and
perused the entire materials on record.
11. From the materials available on record, it is seen that in the
accident, the appellant suffered grievous injuries and fractures (Degloving
Injury in left Thigh & Knee and closed fracture lateral Tibial condyle left side
with extension to diaphysis). To prove the nature of injuries and disability
suffered by the appellant, he examined himself as P.W.1 and filed Exs.P3 to
P6 to that effect. The Doctors from Namakkal Government Hospital,
Namakkal examined the appellant and certified that appellant suffered 25%
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C.M.A.No.1919 of 2021
disability and issued Ex.P5/disability certificate to that effect. The Tribunal
accepted Ex.P5/disability certificate issued by the Namakkal Government
Hospital, Namakkal and awarded a sum of Rs.75,000/- for 25% disability at
the rate of Rs.3,000/- per percentage of disability. This Court by the judgment
reported in 2020 (1) TN MAC 617 [M. Chinnathambi Vs. S.Deepa and
another], fixed a sum of Rs.4,000/- per percentage of disability for the
accident occurred in the year 2014 & 2015 and a sum of Rs.5,000/- per
percentage of disability for the accident occurred in the year 2016 onwards,
due to rise in cost of living. In the present case, the accident was of the year
2015. In view of the same, a sum of Rs.4,000/- is awarded per percentage of
disability. Thus, the compensation awarded by the Tribunal towards disability
is modified to Rs.1,00,000/- (Rs.4,000/- X 25% disability). The appellant has
not proved that he suffered functional disability and lost his earning capacity.
Hence, he is not entitled to any amount towards loss of earning capacity by
adopting multiplier method. The Tribunal failed to award any amount towards
future medical expenses and the amount awarded under pain and suffering is
meagre. Thus, the compensation awarded by the Tribunal is modified as
follows:
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C.M.A.No.1919 of 2021
S. Description Amount awarded Amount awarded Award confirmed
No by Tribunal by this Court or enhanced or
(Rs) (Rs) granted
1. Disability 75,000/- 1,00,000/- Enhanced
2. Pain and sufferings 35,000/- 50,000/- Enhanced
3. Loss of amenities 30,000/- 30,000/- Confirmed
4. Extra nourishment 15,000/- 15,000/- Confirmed
5. Transportation 15,000/- 15,000/- Confirmed
6. Medical Bill expenses 1,98,900/- 1,98,900/- Confirmed
7. Attendant charges 30,000/- 30,000/- Confirmed
8. Loss of income 32,000/- 32,000/- Confirmed
9. Future medical 15,000/- Granted
expenses
Total Rs.4,30,900/- Rs.4,70,900/- enhanced by
Rs.40,000/-
12. In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.4,30,900/- is hereby
enhanced to Rs.4,70,900/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. The 2 nd respondent-
Insurance Company is directed to deposit the enhanced award amount now
determined by this Court along with interest and costs, less the amount
already deposited, if any, within a period of six weeks from the date of
receipt of a copy of this judgment, to the credit of M.C.O.P.No.227 of 2015
on the file of the Motor Accident Claims Tribunal, Sub Court, Tiruchengode.
On such deposit, the appellant is permitted to withdraw the enhanced award
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C.M.A.No.1919 of 2021
S. VAIDYANATHAN, J.
dpq
amount now determined by this Court, along with interest and costs, less the
amount if any, already withdrawn by making necessary applications before
the Tribunal. No costs.
06.08.2021
dpq
Index : Yes / No
Internet : Yes / No
To
1.The Subordinate Court,
Tiruchengode.
2.The Section Officer,
VR Section,
High Court, Madras.
C.M.A.No.1919 of 2021
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