Madras High Court
M.Krishnan vs P.Sankar on 23 December, 2021
C.M.A.No.1101 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A.No.1101 of 2018
M.Krishnan .. Appellant
Vs.
1. P.Sankar
2. The Royal Sundaram Alliance Insurance Company,
Vellore. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree dated 13.08.2010 made
in M.C.O.P.No.695 of 2005 on the file of the Motor Accidents Claims
Tribunal cum Sub-Court, Tirupattur, Vellore District.
For Appellant : Mr.R.Jayaprakash
For R1 : No Appearance
For R2 : M/s.M.B.Gopalan Associates
For Mr.N.Vijayaraghavan
Mr.B.Raghavan
1/8
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C.M.A.No.1101 of 2018
JUDGMENT
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 13.08.2010 made in
M.C.O.P.No.695 of 2005 on the file of the Motor Accidents Claims Tribunal
cum Sub-Court, Tirupattur, Vellore District.
2. The appellant is the claimant in M.C.O.P.No.695 of 2005 on the file
of the Motor Accidents Claims Tribunal cum Sub-Court, Tirupattur, Vellore
District. He filed the above claim petition, claiming a sum of Rs.1,00,000/- as
compensation for the injuries sustained by him in the accident that took place
on 17.07.2005.
3.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred only due to rash and negligent
riding by the rider of the Hero Honda motorcycle belonging to the 1st
respondent and directed the 2nd respondent-Insurance Company to pay a sum
of Rs.45,000/- as compensation to the appellant/claimant, at the first instance
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C.M.A.No.1101 of 2018
and recover the same from the 1st respondent/owner of the Hero Honda
motorcycle.
4.Not being satisfied with the amounts awarded by the Tribunal, the
appellant has come out with the present appeal for enhancement of
compensation.
5.The learned counsel appearing for the appellant contended that in the
accident, the appellant sustained abrasion over right side forehead 4 cm x 3
cm in size, abrasion over right knee joint 12 cm x 2 cm in size and continuous
pain over right side chest. The P.W.2/Doctor-Ilangovan examined the
appellant and certified that appellant suffered 25% disability and disability
certificate was marked as Ex.P9. The Tribunal has awarded only a meagre
sum of Rs.25,000/- towards disability, calculating at the rate of Rs.1,000/- per
percentage of disability. The Tribunal ought to have awarded a sum of
Rs.2,000/- per percentage of disability. Initially, the appellant was admitted at
Thiruppathur Government Hospital, after first aid he was referred to
Government Hospital, Vellore and taken treatment from 22.07.2005 to
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C.M.A.No.1101 of 2018
26.07.2005, totally 5 days as inpatient and thereafter taken treatment as
outpatient at private hospital. The appellant was doing Agricultural work and
also milk vendor business during his leisure time and was earning a sum of
Rs.3,000/- per month. Due to the injuries and disability suffered by him in the
accident, he could not do the work as he was doing earlier. The Tribunal
awarded a meagre sum towards loss of income. The amounts awarded by the
Tribunal under different heads are meagre and prayed for enhancement of
compensation.
6.Per Contra, learned counsel appearing for the 2nd respondent-
Insurance Company contended that the P.W.2/Doctor examined the appellant
and certified that appellant suffered 25% disability. The Tribunal considering
the disability certificate issued by Doctor, awarded a sum of Rs.25,000/-
towards disability at the rate of Rs.1,000/- per percentage of disability and the
same is not meagre. The appellant has not produced any material evidence to
prove his avocation and income. In the absence of any material evidence with
regard to avocation and income, a sum of Rs.10,000/- per month fixed by the
Tribunal as notional income of the appellant is excessive. The appellant has
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C.M.A.No.1101 of 2018
not suffered any functional disability and hence, he is not entitled to any
compensation towards loss of earning capacity. The amounts awarded by the
Tribunal under different heads are not meagre. 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 for the respondents and perused the materials available on
record.
8.From the materials available on record, it is seen that according to the
appellant, he was aged 60 years and was doing agricultural work and also a
milk vendor and was earning a sum of Rs.3,000/- per month, but the appellant
has not proved his avocation and income by producing any document. Hence,
the Tribunal has awarded Rs.10,000/- towards loss of income. The appellant
examined Dr.Ilangovan as P.W.2, who assessed the disability of the appellant
at 25% and Ex.P9/disability certificate was marked to prove the same.
Considering the P.W.2/Doctor and Ex.P9, the Tribunal accepted the same and
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C.M.A.No.1101 of 2018
awarded Rs.25,000/- by taking Rs.1,000/- per percentage of disability which
is correct. The amount awarded by the Tribunal towards pain and sufferings,
nutrition, attendant charges and transportation are meagre and the same are
hereby enhanced to Rs.5,000/-, Rs.5,000/-, Rs.5,000/- and Rs.5,000/-
respectively. The amounts awarded by the Tribunal under all the other heads
are just and reasonable and the same are hereby confirmed. Thus, the
compensation awarded by the Tribunal is modified as follows:
S. Description Amount awarded Amount Award
No by Tribunal awarded by confirmed or
(Rs) this Court enhanced or
(Rs) granted
1. Disability 25,000/- 25,000/- Confirmed
2. Pain & sufferings 1,000/- 5,000/- Enhanced
3. Nutrition 2,000/- 5,000/- Enhanced
4. Attendant charges 2,000/- 5,000/- Enhanced
5. Transportation 5,000/- 5,000/- Confirmed
6. Loss of income 10,000/- 10,000/- Confirmed
Total 45,000/- 55,000/- Enhanced by
Rs.10,000/-
9.In the result, this Civil Miscellaneous Appeal is partly allowed
and the compensation awarded by the Tribunal at Rs.45,000/- is hereby
enhanced to Rs.55,000/- with interest at the rate of 7.5% per annum from the
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C.M.A.No.1101 of 2018
date of petition till the date of deposit. The appellant is directed to pay the
necessary Court fee, if any on the enhanced amount of compensation now
determined by this Court. The second respondent/Insurance Company is
directed to deposit the enhanced award amount now determined by this Court
together 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 order to
the credit of M.C.O.P.No.695 of 2005 on the file of the Motor Accidents
Claims Tribunal, Sub-Court, Tiruppthur, Vellore District, at the first instance
and recover the same from the 1st respondent/owner of the Hero Honda
motorcycle. On such deposit, the appellant is permitted to withdraw the
enhanced award amount now determined by this Court, along with interest
and costs, less the amount if any, already withdrawn by filing necessary
applications before the Tribunal. No costs.
23.12.2021
gbi
Index : Yes / No
Internet : Yes/ No
S.KANNAMMAL, J.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1101 of 2018
gbi
To
1.The Sub-Judge,
Motor Accidents Claims Tribunal,
Tiruppathur,
Vellore District.
2.The Section Officer,
V.R.Section,
High Court, Madras.
C.M.A.No.1101 of 2018
23.12.2021
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