Madras High Court
Gopalakrishnan vs Krishnamurthi on 27 August, 2021
C.M.A.No.2211 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.08.2021
CORAM:
THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN
C.M.A.No.2211 Of 2021
Gopalakrishnan .. Appellant
Vs.
1. Krishnamurthi
2. The Chief Manager,
The Oriental Insurance Company Limited
3rd Party Claims Hub,
No. 216, Old No.115, Prakasam Salai,
Broadway, Chennai – 600 108. ...Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
06.03.2021 made in M.C.O.P.No. 1783 of 2015 on the file of the Motor
Accident Claims Tribunal, Chief Judicial Magistrate, Cuddalore.
For Appellant : M/s. Ramya V. Rao
For Respondents : Mr. D. Bhaskaran (for R2)
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C.M.A.No.2211 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 06.03.2021 made in M.C.O.P.No.
1783 of 2015 on the file of the Motor Accident Claims Tribunal/ Chief
Judicial Magistrate, Cuddalore.
2.The Appellant is the claimant in M.C.O.P.No. 1783 of 2015 on the
file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate,
Cuddalore. He filed the above said claim petition, claiming a sum of
Rs.20,00,000/- as compensation for the injuries sustained by him in the
accident that took place on 04.04.2015.
3.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
the driver of the Tractor belonging to the 1st respondent and directed the 2nd
respondent-Insurance Company to pay a sum of Rs.1,48,000/- as
compensation to the Appellant.
4. Not being satisfied with the amount awarded by the Tribunal, the
Appellant has come out with the present appeal seeking enhancement of
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C.M.A.No.2211 of 2021
compensation.
5.The learned counsel appearing for the Appellant contended that
Claims Tribunal, while fixing the negligence on the First Respondent vehicle
went wrong in quantifying the award. He further submitted that the Claims
Tribunal has fixed the notional income of the Appellant at Rs.6,500/- which
is very low and further though the claimant was out of work for six months,
the Tribunal has awarded compensation towards Loss of income for six
months. He would further contend that the compensation awarded towards
other heads are also meagre and prayed for enhancement of compensation.
6.Per contra, Mr.C.Paranthaman, learned counsel appearing for the 2nd
Respondent/Insurance Company contended that the Tribunal, on considering
the Ex.C1- disability has rightly fixed disability at 24%, and by taking a sum
of Rs.3,000/- per percentage has rightly awarded compensation towards
partial permanent disability and the same is excessive. He further submitted
that in the absence of any material evidence with regard to avocation and
income, a sum of Rs.6,500/- per month fixed by the Tribunal as notional
income of the Appellant is excessive and taking note of the disability suffered
and period of treatment, the Tribunal has rightly awarded compensation
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C.M.A.No.2211 of 2021
towards Loss of income for two months at Rs.13,000/-. He further submitted
that the total compensation awarded by the Tribunal under various heads is
highly excessive and the Appellant has not made out any case for
enhancement of compensation and prayed for dismissal of the appeal.
7.Heard the learned counsel appearing for the Appellant as well as the
learned counsel appearing for the 2nd respondent and perused the entire
materials on record.
8.It is the case of the Appellant that he sustained multiple grievous
injuries all over the body. The Medical Board of Government Hospital,
Cuddalore assessed the disability of the Claimant @24% . Taking note of the
fact that the accident occurred in the year 2015, this Court finds it appropriate
to award a sum of Rs.4,000/- per percentage of disability. Accordingly, the
compensation towards Disability is enhanced to Rs. 96,000/- (4000x24).
9. Considering the nature of injuries and period of treatment undergone
by the Claimant, this Court feels it appropriate to enhance the compensation
awarded towards Transport expenses, Extra nourishment and Attender
charges to Rs.10,000/- for each head.
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C.M.A.No.2211 of 2021
10. Taking note of the fact that the cost of living had increased
enormously and the salary of even unskilled workers had increased
substantially,notional income of the claimant fixed by the Tribunal was
enhanced to Rs.10,000/- and this Court deems it appropriate to award Loss of
Income for three months and accordingly the compensation towards Loss of
Income is enhanced to Rs. 30,000/-.
11. As no compensation was awarded towards damages, this Court is
inclined to award a sum of Rs.2,000/- towards damages and accordingly a
sum of Rs.2,000/- is awarded towards damages.
12. The compensation awarded by the Tribunal towards Pain and
Suffering and Loss of Amenities are just and reasonable and hence, same are
hereby confirmed. Thus, the compensation awarded by the Tribunal is
modified as follows:
S. Description Amount awarded Amount awarded Award confirmed
No by Tribunal by this Court or enhanced or
(Rs) (Rs) granted
1. Disability 72,000/- 96,000.00 Enhanced
(3,000 x 24%) (4,000 x 24%)
2. Transport expenses 5,000/- 10,000/- Enhanced
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C.M.A.No.2211 of 2021
3. Extra nourishment 5,000/- 10,000/- Enhanced
4. Attender charges 3,000/- 10,000/- Enhanced
5. Pain & sufferings 30,000/- 30,000/- Confirmed
6. Loss to amenities 20,000/- 20,000/- Confirmed
7. Loss of income 13,000/- 30,000/- Enhanced
8. Damages -- 2,000/- Granted
Total Rs.1,48,000/- Rs.2,08,000/- Enhanced by
Rs.60,000/-
12. In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.1,48,000/- is hereby
enhanced to Rs.2,08,000 /- 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 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.1783 of 2015 on the file of the Motor
Accident Claims Tribunal, Chief Judicial Magistrate, Cuddalore. On such
deposit. On such deposit being made, the Tribunal is directed to transfer the
Award amount directly to the Bank account of the Appellant/Claimant
through RTGS, within a period of two weeks. The appellant/claimant shall
pay necessary Court fee, if any, on the enhanced compensation. However, it
is made clear that if there is any delay in filing the C.M.A. and in case of any
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C.M.A.No.2211 of 2021
earlier order by this Court, depriving interest for the period of delay in
question, the interest portion for that period should be excluded for the
purpose of granting interest. No costs.
27.08.2021
arr/shk
Index : Yes / No
Internet : Yes / No
To
1. Motor Accident Claims Tribunal,
Chief Judicial Magistrate,
Cuddalore.
2.The Section Officer,
VR Section, High Court,
Madras.
S. VAIDYANATHAN,J
arr/shk
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2211 of 2021
C.M.A.No.2211 of 2021
27.08.2021
https://www.mhc.tn.gov.in/judis/
