Madras High Court
D.Jayanthi vs Thomas on 31 August, 2021
C.M.A.No.2283 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN
C.M.A.No.2283 of 2021
D.Jayanthi
D/o.Dhanaskaran,
No.2/14, Appadurai Street,
Santhi Nagar,
Ramavaram,
Chennai 600 016. ... Appellant
Vs.
1.Thomas,
S/o.Dhanaraj,
No.72, North Veli Street,
Bharathiar Nagar,
St. Thomas Nagar,
Chennai 600 016.
2.The New India Assurance Company Limited,
No.45, Moore Street,
Chennai 600 001. ... Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of
the Motor Vehicles Act, 1988, against the Judgment and Decree dated
30.04.2019 made in M.C.O.P.No.2491 of 2011 on the file of the Motor
Accident Claims Tribunal, (VI Court of Small Causes), Chennai.
1/8
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C.M.A.No.2283 of 2021
For Appellant : Ms.A.Subadra
For Respondents : Mr.C.Ramesh Babu
Ms.A.Salomi (for R2)
JUDGMENT
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 30.04.2019 made in
M.C.O.P.No.2491 of 2011 on the file of the Motor Accident Claims Tribunal,
VI Court of Small Causes, Chennai.
2. The appellant is the claimant in M.C.O.P.No.2491 of 2011 on the
file of the Motor Accident Claims Tribunal, VI Court of Small Causes,
Chennai. They filed the above said claim petition, claiming a sum of
Rs.6,00,000/- as compensation for the injuries sustained by her, in the
accident that took place on 12.02.2010.
3. The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent riding by
the rider of the two wheeler, belonging to the 1st respondent and directed the
2nd Respondent/Inurance Company to pay a sum of Rs.1,07,000/- as
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C.M.A.No.2283 of 2021
compensation to the appellant.
4. Not being satisfied with the amount awarded by the Tribunal, the
appellant has come out with the present appeal.
5. The learned counsel appearing for the appellant contended that at the
time of accident, the Appellant was aged about 20 years and was working as
Data Entry Operator and earned about Rs.6,000/- per month, another sum of
Rs.3,000/- per month by doing over time job as income in the year 2010,
whereas the Tribunal awarded a sum of Rs.5,000/- per month as notional
income, which is meagre. The Tribunal failed to consider the injuries and
period of treatment taken by the Appellant and therefore, the learned counsel
for the Appellant prayed for adopting multiplier method and for enhancement
of compensation.
6. Per contra, learned counsel appearing for the 2nd respondent
contended that the appellant has not produced any document to prove his
avocation and income. In the absence of any material to prove the avocation
and income, the Tribunal considering the age of the deceased and year of
accident has rightly fixed a sum of Rs.5,000/- as monthly income and granted
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C.M.A.No.2283 of 2021
compensation, which is not meagre. The amounts awarded by the Tribunal
under different heads are not meagre. The appellant is not entitled to any
enhancement and prayed for dismissal of the appeal.
7. Heard the learned counsel appearing for the appellant as well as the
2nd respondent and perused the entire materials on record.
8. From the materials available on record, it is seen that the appellant
was working as Data Entry Operator at the time of accident and was earning a
sum of Rs.6,000/- per month. The Tribunal fixed a sum of Rs.5,000/- per
month as notional income of the deceased. The accident occurred in the year
2010 and the notional income of the deceased fixed by the Tribunal is meagre.
Even otherwise, such determination is inconsonance with judgment of the
Honourable Supreme Court delivered in the case of Syed Sadiq Vs.United
India Insurance Company, reported in 2014 (1) TNMAC 459. In the
referred judgment, the Hon'ble Supreme Court, fixed the monthly income at
Rs.6,500/- for a vegetable vendor, who sustained injuries in the accident
which occurred in the year 2008. In the present case, the accident occurred in
the year 2010. Therefore, considering the age of the Appellant and the year of
accident, a sum of Rs.6,500/- per month is fixed as notional income of the
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C.M.A.No.2283 of 2021
appellant.
9. It is seen from the records that PW2 assess the disability of the
Appellant at 30% and the Tribunal reduced it as 15%. Eventhough the injury
suffered by the Appellant is not coming under the scheduled injury,
considering the fact that the Appellant's earning capacity is reduced, this
Court enhanced the disability at 25%. A sum of Rs.3,000/- per percentage of
disability was awarded by the Tribunal. Thus, the compensation awarded by
the Tribunal towards disability is modified to Rs.75,000/- (Rs.3,000/- x 25).
It is the contention of the appellant that at the time of accident, she was
working as a Data Entry Operator. Due to the injuries sustained by her and
disability suffered by her in the accident, she would not have attended her
work atleast for a period of 3 months. Thus, the compensation awarded by the
Tribunal towards loss of income is modified to Rs.19,500/- [Rs.6,500/- X 3
months]. Considering the nature of injuries and period of treatment taken by
the appellant, this Court is inclined to enhance the award amount of
Rs.15,000/- towards extra nourishment, Rs.10,000/- towards transport to
hospital, Rs.10,000/- towards attender charges and Rs.15,000/- towards loss
of amenities. Other heads awarded by the Tribunal are confirmed.
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C.M.A.No.2283 of 2021
S. Description Amount awarded Amount awarded Award confirmed
No by Tribunal by this Court or enhanced or
(Rs) (Rs) granted
1. Disability 45,000/- 75,000/- Enhanced
2. Pain and sufferings 30,000/- 30,000/- Confirmed
3. Extra nourishment 5,000/- 15,000/- Enhanced
4. Transport to hospital 3,000/- 10,000/- Enhanced
5. Damages to clothes 500/- 500/- Confirmed
6. Attender charges 1,500/- 10,000/- Enhanced
7. Medical expenses 2,000/- 2,000/- Confirmed
8. Loss of income 10,000/- 19,500/- Enhanced
9. Loss of amenities 10,000/- 15,000/- Enhanced
Total Rs.1,07,000/- Rs.1,77,000/- Enhanced by
Rs.70,000/-
10.In the result, this Civil Miscellaneous Appeal is disposed of and the
compensation awarded by the Tribunal at Rs.1,07,000/- is hereby enhanced to
Rs.1,77,000/- (Rupees one lakh seventy seven thousand only) together with
interest at the rate of 7.5% per annum from the date of petition till the date of
deposit. The 2nd respondent 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 twelve weeks from the date of
receipt of a copy of this judgment, to the credit of M.C.O.P.No.2491 of 2011
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C.M.A.No.2283 of 2021
on the file of the Motor Accident Claims Tribunal, VI Court of Small Causes,
Chennai. On such deposit, the appellant is permitted to withdraw the award
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.
31.08.2021
dpq
Index : Yes / No
Internet : Yes / No
To
The learned VI Judge
Motor Accidents Claims Tribunal,
Court of Small Causes,
Chennai.
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C.M.A.No.2283 of 2021
S. VAIDYANATHAN, J.
dpq
C.M.A.No.2283 of 2021
31.08.2021
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