Madras High Court
Chandran vs Vinishkumar on 13 December, 2021
C.M.A.(MD)No.241 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.241 of 2021
Chandran ...Appellant/Petitioner
Vs.
1.Vinishkumar
2.Shajin
3.The Branch Manager,
United India Insurance Company,
Marthandam,
Branch Office, Assisi Buildings 2nd Floor,
P.W.D. Road, Nagercoil,
Agasteeswaram Taluk,
Kanyakumari District. ...Respondents/Respondents
(R1 & R2 set exparte in lower Court :Notice dispensed with)
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, to allow the appeal and enhance the compensation awarded in
M.C.O.P.No.135 of 2017, dated 11.12.2018 on the file of the Motor
Accidents Claims Tribunal/ I Additional Sub Court, Nagercoil, Kanyakumari
District.
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.241 of 2021
For Appellant :Mr.A.Elis Chitra Devi
For R1-R2 :No Appearance
For R3 :Mr.J.S.Murali
JUDGMENT
The appellant is the claimant in M.C.O.P.No.135 of 2017 on the file of
the Motor Accidents Claims Tribunal/I Additional Sub Court, Nagercoil,
Kanyakumari District. He filed the claim petition under Section 166 of the
Motor Vehicles Act, 1988 seeking compensation of Rs.10,00,000/- for the
injuries sustained by him in a road accident on 12.05.2017.
2. The case of the claimant, in nutshell, is as follows:
On 12.05.2017 at 10.40 p.m. when the claimant was walking on
the Nagercoil to Thiruvananthapuram Road from east to west, at that time,
the TATA Truck Jeeb bearing Registration No.TN-74-E-7913, which was
coming from same direction driven by its driver in a rash and negligent
manner hit against the appellant on the back side. Due to the said accident,
the petitioner has sustained injuries on his both legs and hip and fingers and
he admitted in the Asaripallam Medical College Hospital and he took
treatment as inpatient from 20.05.2017 to 14.06.2017 and continuously he
treated as out patient.
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C.M.A.(MD)No.241 of 2021
3.The claimant has filed the claim petition in M.C.O.P.No.135 of 2017
on the file of the Motor Accidents Claims Tribunal/I Additional Sub Court,
Nagercoil, Kanyakumari District, seeking compensation of Rs.10,00,000/-.
4.Before the Tribunal, on the side of the claimant, one witness was
examined as P.W.1 and fourteen documents were marked as Exs.P.1 to P.14.
and one Court document was marked as Ex.C1. On the side of the
respondents herein, no one was examined and no document was marked.
5.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments of the counsel for the claimant and the
respondents and also on appreciating the evidences on record, held that the
accident occurred only, due to the rash and negligent driving of the driver of
the first respondent and directed the third respondent to pay a sum of
Rs.1,45,000/- as compensation. Aggrieved over the orders passed by the
Tribunal, the claimant has filed the present appeal under Section 173 of the
Motor Vehicles Act, 1988.
6.Heard Ms.A.Elis Chitra Devi, learned counsel appearing for the
appellant/claimant and Mr.J.S.Murali, learned counsel appearing for the third
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C.M.A.(MD)No.241 of 2021
respondent/insurance company. No appearance on behalf of the first and
second respondents.
7.The learned counsel for the appellant contended that the claimant
was working as a driver and earning Rs.13,500/- as salary per month. Due to
injury, he could not attend his work and lost his job. But the Tribunal has
fixed 40% of disability and granted Rs.2,000/- for 1 % of disability and
awarded Rs.80,000/-. Since the functional disability is to be taken as 100%
disability, the Tribunal has failed to adopt multiplier method for calculating
the loss of income and further the Tribunal has failed to award proper
compensation with regard to pain and suffering. Therefore he prayed for
enhancement of compensation.
8.The third respondent/insurance company has not filed any appeal
against the award passed by the Tribunal.
9.Perusal of records shows that the claimant undertook treatment as
inpatient from 20.05.2017 to 14.06.2017 for injuries sustained by him. But
the claimant has not examined the Doctor to prove 100% of functional
disability. Hence, the Tribunal has fixed permanent disability as 40% and
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C.M.A.(MD)No.241 of 2021
granted Rs.2,000/- for 1 % of his partial permanent disability, the amount is
reasonable. But the Tribunal has awarded only Rs.40,000/- for pain and
sufferings. Hence, this Court added Rs.50,000/- towards pain and sufferings
and also awarded Rs.5,000/- for Transportation charges.
10.Now, the appellant is claiming enhancement of award of
compensation and it is also properly explained. Therefore, this Court
enhances the award to a further sum of Rs.55,000/- (Rupees Fifty five
thousand only) towards pain and sufferings and Transportation charges and
the present Civil Miscellaneous Appeal can be allowed. The award passed by
this Court under various heads is extracted hereunder:
S.No. Head Amount granted by
this Court
1. Partial permanent disability Rs. 80,000/-
2. Pain and Sufferings Rs. 90,000/-
3. Loss of income Rs. 10,000/-
4. Transportation charges Rs. 5,000/-
5. Extra Nourishment Rs. 10,000/-
6. Attendant charges Rs. 5,000/-
Total Rs.2,00,000/-
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C.M.A.(MD)No.241 of 2021
11. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed. No costs.
(ii) The quantum of compensation awarded by the Tribunal is enhanced
from Rs.1,45,000/- to Rs.2,00,000/-.
(iii) The third respondent/ Insurance Company is directed to deposit
the enhanced compensation amount i.e., Rs.2,00,000/- (Rupees Two lakhs
only), less the amount already deposited, together with interest at the rate of
7.5% per annum from the date of claim petition till the date of deposit to the
credit of MCOP.No.53 of 2015 on the file of the Motor Accidents Claims
Tribunal/ I Additional Sub Court, Nagercoil, Kanyakumari District, within a
period of four weeks from the date of receipt of a copy of this order.
(iv) On such deposit being made, the appellant / claimant is entitled to
withdraw the same by filing necessary application before the Tribunal.
13.12.2021
Index :Yes/No
Internet:Yes/No
vsd
Note:In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the correct copy, shall be the
responsibility of the Advocate/litigant concerned.
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C.M.A.(MD)No.241 of 2021
To
1.The Motor Accidents Claims Tribunal/
I Additional Sub Court,
Nagercoil, Kanyakumari
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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C.M.A.(MD)No.241 of 2021
S.ANANTHI, J.
vsd
Judgment made in
C.M.A.(MD)No.241 of 2021
13.12.2021
https://www.mhc.tn.gov.in/judis
