Madras High Court
Arulmani vs Selvam on 17 December, 2021
C.M.A.Nos.1381 of 2020 and 3481 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.Nos.1381 of 2020 and 3481 of 2021
and
C.M.P.No.20099 of 2021
C.M.A.No.1381 of 2020
Arulmani ... Appellant
Vs.
1.Selvam
2.The National Insurance Co. Ltd.,
Branch at 73, Perundurai Road,
Erode District – 638 011.
3.Kannan
... Respondents
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C.M.A.Nos.1381 of 2020 and 3481 of 2021
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 against the Judgment and Decree in MCOP No.542 of 2017
dated 03.02.2020 on the file of the Motor Accident Claims Tribunal/Special
Subordinate Judge, Erode.
For Appellant : Mr.T.S.Arthanareeswaran for
M/s C.Paraneedharan
For Respondents : Mrs.N.B.Sureka (for R2)
C.M.A.No.3481 of 2021
The National Insurance Company Limited,
Branch at 73, Perundurai Road,
Erode District – 638 011. ... Appellant
Vs.
1.Arulmani
2.Selvam
3.Kannan
... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 to set aside the decree and judgment passed in
MACT.O.P.No.542 of 2017 dated 03.02.2020 on the file of the Motor Accident
Claims Tribunal, Special Subordinate Court, Erode.
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C.M.A.Nos.1381 of 2020 and 3481 of 2021
For Appellant : Mrs.B.Sureka
For Respondents : Mr.T.S.Arthanareeswaran for
M/s C.Paraneedharan
COMMON JUDGMENT
[Judgment of the Court was delivered by K.KALYANASUNDARAM, J.]
CMA No.1381 of 2020 is filed by the claimant being dissatisfied with the
award of the Tribunal passed in MCOP No.542 of 2017 dated 03.02.2020. CMA
No.3481 of 2021 has been preferred by the Insurance Company assailing the
award passed in the same MCOP.
2.The claimant sustained injury in the accident, which had taken place on
06.11.2015 at about 08.00 p.m at Uthukkattuppalaym in Erode District. It is the
case of the claimant that he was 37 years at the time of accident and he was
earning Rs.25,000/- per month by working motorcycle mechanic.
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C.M.A.Nos.1381 of 2020 and 3481 of 2021
3.The Tribunal, after analyzing the evidence adduced by the parties, had
come to the conclusion that the accident had occurred due to the negligence of the
driver of the car bearing Reg.No.TN-30-AX-7777. While assessing the award,
the Tribunal found that the claimant has not produced any documentary evidence
to establish that he was earning Rs.25,000/- per month, hence, fixed the monthly
notional income as Rs.10,000/-. Since Ex.C.1-Disability Certificate issued by the
Medical Board approving that the claimant had sustained 85% disability, by
applying multiplier method, the Tribunal has assessed loss of earning capacity at
Rs.22,95,000/-(10000+5000x12x85%x15). While fixing the notional income at
Rs.10,000/-, 50% is added for his future prospectus.
4.The learned counsel appearing for the Insurance Company submitted that
the claimant is self-employed and as per the decision of the Constitution Bench in
the case of National Insurance Company Ltd., vs. Pranay Sethi and others
reported in 2017(2) TNMAC 609 (SC), he is entitled 40% of the notional
income for future prospectus.
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C.M.A.Nos.1381 of 2020 and 3481 of 2021
5.Per contra, the learned counsel appearing for the claimant submitted that
considering the nature of employment of the claimant, the Tribunal ought to have
applied 100% disability.
6.It is an admitted fact that the claimant has no permanent employment and
hence, he is entitled for 40% additional towards future prospectus. Hence, the
award under the head of loss of earning capacity is reduced to Rs.21,42,000/-
(10000+4000x12x85%x15) from Rs.22,95,000/-.
7.We have perused the materials placed before this Court and we are of the
considered opinion that the award passed by the Tribunal on other heads are
reasonable and it is not a fix case to apply cent percent disability.
8.In such view of the matter, CMA No.3481 of 2021 preferred by the
Insurance Company is partly allowed and the appeal CMA No.1381 of 2020
preferred by the claimant is dismissed. The Insurance Company is directed to
deposit the modified award amount of Rs.25,84,000/- with accrued interest and
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C.M.A.Nos.1381 of 2020 and 3481 of 2021
costs, less the amount already deposited, if any, within a period of six weeks from
the date of receipt of a copy of this order. On such deposit, the claimant is
permitted to withdraw the award amount less the amount already withdrawn, if
any, together with proportionate interest and costs. No costs. Consequently,
connected miscellaneous petition is closed.
[M.K.K.S.,J.] [V.S.G.,J.]
17.12.2021
Intex : Yes/No
Internet : Yes/No
skn
To
1.The Motor Accident Claims Tribunal/
Special Subordinate Judge, Erode.
2.V.R.Section,
Madras High Court,
Chennai.
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C.M.A.Nos.1381 of 2020 and 3481 of 2021
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
COMMON JUDGMENT MADE IN
C.M.A.Nos.1381 of 2020 and 3481 of 2021
and
C.M.P.No.20099 of 2021
17.12.2021
https://www.mhc.tn.gov.in/judis
