Madras High Court
United India Insurance Co.Ltd vs Vignesh @ Vigneshkumar on 6 December, 2021
C.M.A.No.1187 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A.No.1187 of 2018
and
C.M.P.No.9762 of 2018
United India Insurance Co.Ltd.,
4-A, Big Bazaar Street,
Dharapuram,
Tiruppur District. .. Appellant
Vs.
1.Vignesh @ Vigneshkumar
2.Vadivel
3.The Correspondent,
Viveham High Secondary School,
Udumalai Main Road,
Dhalavaipattinam Post,
Dharapuram Taluk, Tiruppur District.
(Respondent 2 & 3 are set ex-parte before
the trial Court, hence notice may be dispensed with) .. Respondents
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor
Vehicles Act, 1988, against the Judgment and Decree dated 12.12.2017 made
in M.C.O.P.No.1115 of 2013 on the file of the Motor Accidents Claims
Tribunal, Sub-Court, Dharapuram.
1/8
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C.M.A.No.1187 of 2018
For Appellant : Mr.C.Paranitharan
For R1 : Ma.P.Thangavel
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the award
dated 12.12.2017 made in M.C.O.P.No.1115 of 2013 on the file of the Motor
Accidents Claims Tribunal, Sub-Court, Dharapuram.
2. The appellant is the third respondent in M.C.O.P.No.1115 of 2013 on
the file of the Motor Accidents Claims Tribunal, Sub-Court, Dharapuram. The
first respondent filed the said claim petition, claiming a sum of Rs.7,00,000/- as
compensation for the injuries sustained by him in the accident that took place
on 06.08.2013.
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 bus belonging to third respondent and directed both second
and third respondents and appellant jointly or severally to pay a sum of
Rs.10,11,626.30/- as compensation to the first respondent.
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C.M.A.No.1187 of 2018
4. Questioning the quantum of compensation awarded by the Tribunal in
the award dated 12.12.2017 made in M.C.O.P.No.1115 of 2013, the appellant
has come up with the present appeal.
5. The learned counsel for the appellant would contend that the Tribunal
has wrongly come to the conclusion that there was negligence on the part of the
driver of the second respondent's vehicle and that the multiplier method
adopted by the Tribunal is also erroneous, since there was no functional
disability sustained by the injured and therefore, the multiplier method cannot
be adopted. Therefore, the learned counsel would contend that only when the
claimant could not perform any job due to functional disability, the multiplier
method can be adopted. In the present case, the Tribunal has erroneously
adopted the same and therefore, the same is not sustainable. The learned
counsel also would contend that the Tribunal has awarded excess amount
towards marriage prospects and loss of comforts which are liable to be
reduced.
6. The learned counsel for the first respondent/claimant would contend
that the Tribunal has rightly considered all the aspects, including functional
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C.M.A.No.1187 of 2018
disability and the materials available on record and awarded compensation
appropriately and therefore, the same does not require any interference.
7. Heard the learned counsel appearing for the appellant as well as the
learned counsel appearing for the first respondent and perused the entire
materials available on record.
8. On a perusal of the award, this Court finds that the Tribunal has
considered the fact that the claimant was aged about 20 years at the time of
accident and was working as a drumstick broker and earning Rs.9,000/- per
month. Though there was no evidence as regards the income, the Tribunal has
fixed the notional income at Rs.6,000/- per month. As such, following the
dictum of Sarla Verma case, the Tribunal adopted multiplier of '18', taking into
consideration the age of the claimant namely 20 years at the time of accident.
The Tribunal has also considered Ex.X1-disability certificate which reads as
follows:
“He was diagnosed with right thigh and leg degloving
injury with crush injury exposing tendons, right foot
degloving injury.
He had undergone following procedures: Wound
debridement with SSG.
At present he has deformed, weakened right lower
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C.M.A.No.1187 of 2018
limb with Ankylosed knee and ankle with sensory
disturbance.
His physical disability is partially permanent and
assessed as 60% (sixty)”
9. Considering the Ex.X1-disability certificate, this Court is of the view
that the Tribunal has rightly come to the conclusion that the claimant has
sustained functional disability and adopted the multiplier method and therefore
the same does not require any interferance. As regards medical expenses, the
Tribunal relying on Exs.P1 and P10, has rightly awarded Rs.17,526.30 towards
expenses. As regards compensation under loss of comforts and loss of
marriages, this Court finds that the claimant has sustained injuries which do not
result in loss of comforts and loss of marriage prospects permanently. As such,
the compensation awarded under both the heads are hereby set aside. Instead, a
sum of Rs.30,000/- is awarded towards loss of amenities. As regards the
compensation awarded under the head of disability, it is pertinent to note that
the Tribunal has already awarded compensation of Rs.7,77,600/- towards loss
of earning by adopting multiplier method and as such, again awarding amount
towards disability cannot be sustained and therefore, the compensation
awarded under the head disability is hereby set aside. The Tribunal awarded a
sum of Rs.4,000/- towards extra nourishment and the same is enhanced to
Rs.10,000/-. In other aspects, the compensation awarded by the Tribunal are
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C.M.A.No.1187 of 2018
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. Loss of earnings 7,77,600/- 7,77,600/- Confirmed
2. Pain & sufferings 60,000/- 60,000/- Confirmed
3. Medical expenses 17,526.30/- 17,526.30/- Confirmed
4. Attendant charges 13,500/- 13,500/- Confirmed
5. Transportation 4,000/- 4,000/- Confirmed
6. Extra nourishment 4,000/- 10,000/- Enhanced
7. Loss of comforts 25,000/- - Set aside
8. Loss of amenities - 30,000/- Granted
9. Loss of marriage 50,000/- - Set aside
10. Disability 60,000/- - Set aside
Total Rs.10,11,626.30/- Rs.9,12,626.30/- Reduced by
Rounded off to Rs.99,000/-
Rs.9,12,626/-
10. In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.10,11,626.30/- is hereby
reduced to Rs.9,12,626/- together with interest at the rate of 7.5% per annum
from the date of petition till the date of deposit. The 2nd and 3rd respondent and
the appellant-Insurance Company are jointly and severally directed to deposit
the modified award amount now determined by this Court, along with interest
and costs, less the amount already deposited, if any, within a period of six
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C.M.A.No.1187 of 2018
weeks from the date of receipt of a copy of this judgment, to the credit of
M.C.O.P.No.1115 of 2013 on the file of the Motor Accidents Claims Tribunal,
Sub-Court, Dharapuram. On such deposit, the 1st respondent 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. The appellant-Insurance Company is
permitted to withdraw the reduced award amount, lying in the credit of
M.C.O.P.No.1115 of 2013, if the entire award amount has already been
deposited by them. Consequently the connected Miscellaneous Petition is
closed. No costs.
gbi 06.12.2021
Index : Yes / No
Internet : Yes / No
To
1.The Special Subordinate Judge,
Motor Accidents Claims Tribunal, Dharmapuri.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.1187 of 2018
S.KANNAMMAL, J.
gbi
C.M.A.No.1187 of 2018
06.12.2021
https://www.mhc.tn.gov.in/judis
