Madras High Court
V.Venkatesan vs D.Devaraj on 11 August, 2021
C.M.A.No.2199 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.08.2021
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No.2199 of 2021
V.Venkatesan ... Appellant
Vs
1.D.Devaraj
2.Tata AIG General Insurance Company Ltd.,
Vellore. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act 1988 against the Decree and Judgment dated
31.10.2019 made in MCOP.No.58 of 2015 on the file of the Motor Accident
Claims Tribunal, Chief Judicial Magistrate, Vellore.
For Appellant : Mr.M.Sivakumar
For Respondent 2 : Mr.E.Rajadurai
for Mr.M.B.Raghavan
JUDGMENT
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2199 of 2021
(Heard through video conferencing)
This civil miscellaneous appeal has been filed by the claimant seeking
enhancement of compensation under the impugned award dated 31.10.2019
passed by the Motor Accident Claims Tribunal (Chief Judicial Magistrate,
Vellore) in MCOP.No.58 of 2015.
2. By consent of both parties, this civil miscellaneous appeal is taken
up for final disposal in the admission stage itself.
3. Heard Mr.M.Sivakumar, learned counsel for the
Appellant/claimant and Mr.E.Rajadurai learned counsel representing
Mr.M.B.Raghavan, learned counsel for the second respondent. Since no
adverse orders are going to be passed against the first respondent, notice to
the first respondent is dispensed with by this Court.
4. The Appellant/claimant unsatisfied with the quantum of
compensation awarded by the Tribunal has preferred this appeal seeking for
enhancement. The details of the compensation awarded by the Tribunal are
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C.M.A.No.2199 of 2021
as follows:
Heads Award Amount
(Rs.)
Disability 30,000/-
Medical Bills 95,550/-
Extra Nourishment 5,000/-
Transportation 1,000/-
Pain and suffering 10,000/-
Loss of income 18,000/-
Total 1,59,550/-
5. The Appellant/claimant was a store incharge, aged 23 years at the
time of the accident which happened on 19.08.2013. The Appellant/claimant
had sustained left leg bone fracture and was hospitalised for the period
between 20.08.2013 to 31.08.2013 i.e., for 11 days. The Doctor who
examined the Appellant/claimant has assessed his disability at 10%. In the
claim petition, the Appellant/claimant had pleaded that he was earning
Rs.20,000/- per month.
6. The Tribunal has accepted the disability assessed by the Doctor
and has awarded a disability compensation of Rs.30,000/- for the 10%
disability calculated at Rs.3,000/- per percentage of disability. This Court is
of the considered view that the said assessment is a correct assessment and
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C.M.A.No.2199 of 2021
therefore, confirms the same.
7. The Tribunal has awarded a compensation of Rs.95,550/- towards
medical expenses and the same is also confirmed by this Court as the said
amount was fixed by the Tribunal only in accordance with the medical bills
produced by the Appellant/claimant.
8. However, the Tribunal has awarded a lesser compensation towards
extra nourishment, transportation and pain and suffering. The Tribunal has
awarded a compensation of Rs.5,000/- towards extra nourishment,
Rs.1,000/- towards transportation and Rs.10,000/- towards pain and
suffering. This Court is of the considered view that if the nature of injuries
sustained by the Appellant/claimant were duly considered by the Tribunal,
the Tribunal ought to have granted higher compensation under those heads.
After giving due consideration to the nature of injuries sustained by the
Appellant/claimant, this Court enhances the compensation towards extra
nourishment from Rs.5,000/- to Rs.15,000/-, towards transportation from
Rs.1,000/- to Rs.10,000/- and towards pain and suffering from Rs.10,000/-
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C.M.A.No.2199 of 2021
to Rs.30,000/-.
9. The Tribunal has fixed the notional monthly income of the
Appellant/claimant at Rs.9,000/- which in the considered view of this Court
is a correct assessment and the same is confirmed by this Court. The
Tribunal has also awarded a lesser compensation towards loss of income.
The Tribunal has awarded a compensation of Rs.18,000/- towards loss of
income calculated at Rs.9,000/- per month for a period of two months which
in the considered view of this Court is low. This Court is of the considered
view that at least for a period of six months, the Appellant/claimant would
have been unable to do his regular avocation. Hence, this Court awards a
compensation of Rs.54,000/- towards loss of income calculated at
Rs.9,000/- per month for a period of six months.
10. The Tribunal has erroneously failed to award any compensation
towards attender charges and loss of amenities which the
Appellant/claimant is legally entitled to. After giving due consideration to
the nature of injuries sustained by the Appellant/claimant, this Court awards
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C.M.A.No.2199 of 2021
a compensation of Rs.10,000/- towards attender charges and Rs.20,000/-
towards loss of amenities.
11. For the foregoing reasons, the compensation awarded by the
Tribunal is enhanced by this Court from Rs.1,59,550/- to Rs.2,64,550/- in
the following manner:
Heads Amount Amount awarded
awarded by the by this Court
Tribunal (Rs.)
(Rs.)
Disability 30,000/- 30,000/-
Medical Bills 95,550/- 95,550/-
Extra Nourishment 5,000/- 15,000/-
Transportation 1,000/- 10,000/-
Pain and suffering 10,000/- 30,000/-
Loss of income 18,000/- 54,000/-
Attender charges -- 10,000/-
Loss of amenities for -- 20,000/-
life
Total 1,59,550/- 2,64,550/-
12. In the result, this Civil Miscellaneous Appeal is partly allowed by
enhancing the award amount from Rs.1,59,550/- to Rs.2,64,550/-. The
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C.M.A.No.2199 of 2021
second respondent Insurance company is directed to deposit the modified
award amount of Rs.2,64,550/- after deducting the amount already
deposited if any, together with interest from the date of claim till the date of
deposit and costs to the credit of MCOP.No.58 of 2015 within a period of
four weeks from the date of receipt of a copy of this Judgment. On such
deposit being made, the Tribunal shall transfer the amount lying to the
credit of MCOP.No.58 of 2013 to the bank account of the
Appellant/claimant through RTGS within a period of one week thereafter.
No costs.
11.08.2021
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Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
ABDUL QUDDHOSE, J.
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To
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2199 of 2021
1. The Chief Judicial Magistrate, Vellore
2.The Record Section,
High Court of Madras
C.M.A.No.2199 of 2021
11.08.2021
https://www.mhc.tn.gov.in/judis/
