Madras High Court
Selvakumar vs Meeran Mohaideen on 1 February, 2021
C.M.A.No.60 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.02.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.60 of 2021
Selvakumar .. Appellant
Vs.
1.Meeran Mohaideen
2.Shanthi
3.National Insurance Company Limited
Royal Towers, 185/1, Meyyanur Road
ARRS multiplex theatre, Salem-636 004. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the judgment and decree dated 09.03.2020
made in M.C.O.P.No.844 of 2018 on the file of Motor Accident Claims
Tribunal, Special Sub Court No.I, Salem.
For Appellant : Mr.T.S.Arthanareeswaran
For R3 : Mr.D.Bhaskaran
JUDGMENT
This matter is heard through “Video-Conferencing”.
The Civil Miscellaneous Appeal is filed for enhancement of
compensation granted by the Tribunal in the award dated 09.03.2020 made in
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C.M.A.No.60 of 2021
M.C.O.P.No.844 of 2018 on the file of Motor Accident Claims Tribunal,
Special Sub Court No.I, Salem.
2.The appellant is claimant in M.C.O.P.No.844 of 2018 on the file of
Motor Accident Claims Tribunal, Special Sub Court No.I, Salem. He filed
the said claim petition claiming a sum of Rs.15,00,000/- as compensation for
the injuries sustained by him in the accident that took place on 30.04.2017.
3.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
the 1st respondent, the driver of the Eicher van belonging to the 2nd
respondent, fixed 90% contributory negligence on the part of the 1st
respondent, the driver of the Eicher van and fixed 10% contributory
negligence on the part of the appellant on the ground that two pillion riders
have travelled in the motorcycle of the appellant at the time of accident,
awarded a sum of Rs.4,57,574/- as compensation to the appellant and directed
the 3rd respondent/Insurance Company being insurer of the said van to pay a
sum of Rs.4,11,817/- being 90% of the award amount as compensation to the
appellant.
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C.M.A.No.60 of 2021
4.Not being satisfied with the amounts awarded by the Tribunal, the
appellant has come out with the present appeal seeking enhancement of
compensation.
5.The learned counsel appearing for the appellant contended that in the
accident, the appellant suffered multiple fractures in left rib, left medial
mallelous, C7 left transverse process of vertebra, dorsal vertebral and
bilateral lungs laceration with left lung collapse. The appellant has taken
treatment in VIMS Hospital, Salem as in-patient from 30.04.2017 to
05.05.2017 and then in Seelanaickenpatty, Salem, from 05.05.2017 to
17.05.2017, underwent surgery and screws were fixed. At the time of
accident, the appellant was working as a coolie and was earning a sum of
Rs.12,000/- per month. Due to the injuries, he could not do the work as he
was doing earlier. The Medical Board after examining the appellant, certified
that the appellant suffered 15% disability and issued Ex.C1/disability
certificate. The Tribunal awarded only a meagre sum of Rs.3,000/- per
percentage of disability. The Tribunal ought to have awarded a sum of
Rs.5,000/- per percentage of disability. The appellant is still taking treatment
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C.M.A.No.60 of 2021
for the injuries and the Tribunal ought to have awarded compensation
towards future medical expenses. The amounts awarded by the Tribunal under
different heads are meagre and prayed for enhancement of compensation.
6.Per contra, the learned counsel appearing for the 3rd
respondent/Insurance Company contended that the Tribunal after considering
the materials on record, awarded compensation, which is 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 appearing for the 3rd respondent/Insurance Company and
perused the entire materials on record.
8.It is the case of the appellant that in the accident, he suffered multiple
fractures in left rib, left medial mallelous, C7 left transverse process of
vertebra, dorsal vertebral and bilateral lungs laceration with left lung
collapse. The appellant has taken treatment in VIMS Hospital, Salem as in-
patient from 30.04.2017 to 05.05.2017 and then in Seelanaickenpatty, Salem,
from 05.05.2017 to 17.05.2017, underwent surgery and screws were fixed.
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C.M.A.No.60 of 2021
The Medical Board after examining the appellant, certified that the appellant
suffered 15% disability and issued Ex.C1/disability certificate to that effect.
The Tribunal fixed the disability at 15% as certified by the Medical Board
and awarded a sum of Rs.3,000/- per percentage of disability. The accident is
of the year 2017 and the amount awarded by the Tribunal per percentage of
disability is meagre. This Court by the judgment reported in 2020 (1) TN
MAC 617 [M. Chinnathambi Vs. S.Deepa and another], fixed a sum of
Rs.4,000/- per percentage of disability for the accident occurred in the year
2014 & 2015 and a sum of Rs.5,000/- per percentage of disability for the
accident occurred from the year 2016 onwards, due to raise in cost of living.
In the present case, the accident is of the year 2017. In view of the same, a
sum of Rs.5,000/- is awarded per percentage of disability. Thus, the
compensation awarded by the Tribunal towards disability is modified to
Rs.75,000/- (Rs.5,000/- X 15%). The amounts awarded by the Tribunal
towards extra nourishment, attendant charges and damage to clothes and
articles are meagre. Considering the nature of injuries, disability and period
of treatment taken by the appellant, the amounts awarded by the Tribunal
towards extra nourishment, attendant charges and damage to clothes and
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C.M.A.No.60 of 2021
articles are hereby enhanced to Rs.20,000/-, Rs.20,000/- and Rs.3,000/-
respectively.
8(i). According to the appellant, he was working as a coolie and was
earning a sum of Rs.12,000/- per month. The appellant failed to produce any
document to prove the avocation and income. In the absence of any material
evidence with regard to avocation and income, the Tribunal fixed a sum of
Rs.7,500/- per month as notional income of the appellant, which is meagre.
The accident is of the year 2017 and hence, a sum of Rs.12,000/- is fixed as
monthly income as claimed by the appellant. Due to the injuries, the appellant
would not have attended his work atleast for a period of three months. Thus,
the compensation awarded by the Tribunal towards loss of income is
modified to Rs.36,000/- (Rs.12,000/- X 3). The appellant has not produced
any document to prove that he is still taking treatment and therefore, he is not
entitled to any compensation towards future medical expenses. The amounts
awarded by the Tribunal under all other heads are just and reasonable and
hence, the same are hereby confirmed. Thus, the compensation awarded by
the Tribunal is modified as follows:
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C.M.A.No.60 of 2021
S.No Description Amount awarded Amount Award
by Tribunal awarded by confirmed or
(Rs) this Court enhanced or
(Rs) granted or
reduced
1. Pain and 15,000 15,000 Confirmed
suffering
2. Loss of income 22,500 36,000 Enhanced
3. Medical 3,29,074 3,29,074 Confirmed
expenses
4. Transportation 10,000 10,000 Confirmed
5. Extra 10,000 20,000 Enhanced
nourishment
6. Attendant 10,000 20,000 Enhanced
charges
7. Damage to 1,000 3,000 Enhanced
clothes and
articles
8. Loss of 15,000 15,000 Confirmed
amenities
9. Permanent 45,000 75,000 Enhanced
disability
Total 4,57,574 5,23,074
90% of the 4,18,816.60 4,70,766.6
award amount rounded off to rounded off to Enhanced by
4,11,817 4,70,767 Rs.58,950/-
9.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.4,57,574/- is hereby
enhanced to Rs.5,23,074/- together with interest at the rate of 7.5% per
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C.M.A.No.60 of 2021
annum from the date of petition till the date of deposit. The 3rd
respondent/Insurance Company is directed to deposit a sum of Rs.4,70,767/-
being 90% of the compensation now determined by this Court along 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 judgment. 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. No costs.
01.02.2021
Index : Yes / No
Internet : Yes/ No
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To
1.The Special Sub Court No.1
Motor Accident Claims Tribunal
Salem.
2.The Section Officer
V.R.Section
High Court, Chennai.
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C.M.A.No.60 of 2021
V.M.VELUMANI, J.,
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C.M.A.No.60 of 2021
01.02.2021
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