Madras High Court
M.Nagalingam vs N.Ramasamy on 2 February, 2021
C.M.A.No.4020 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.02.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.4020 of 2019
M.Nagalingam .. Appellant
Vs.
1.N.Ramasamy
2.The United India Insurance Co. Ltd.
No.48, Arcot Road, Saligramam
Chennai-93, Branch office at
N.M.Road, Avadi, Chennai-54. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the judgment and decree dated 04.09.2014
made in M.C.O.P.No.621 of 2013 on the file of Motor Accident Claims
Tribunal, Sub Court, Poonamallee.
1/9
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C.M.A.No.4020 of 2019
For Appellant : Mr.K.Varadha Kamaraj
For Respondents : No appearance
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 04.09.2014 made in
M.C.O.P.No.621 of 2013 on the file of Motor Accident Claims Tribunal,
Sub Court, Poonamallee.
2.The appellant is claimant in M.C.O.P.No.621 of 2013 on the file of
Motor Accident Claims Tribunal, Sub Court, Poonamallee. He filed the said
claim petition claiming a sum of Rs.8,00,000/- as compensation for the
injuries sustained by him in the accident that took place on 06.03.2013.
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 container lorry belonging to the 1st respondent and directed
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C.M.A.No.4020 of 2019
the 2nd respondent/Insurance Company being insurer of the said container
lorry to pay a sum of Rs.8,30,656/- as compensation to the appellant.
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 fracture on both bones right leg and multiple
injuries all over the body. At the time of accident, the appellant was working
as a lorry driver and was earning a sum of Rs.15,000/- per month. The
Tribunal without considering the same, fixed only a meagre sum of
Rs.5,000/- per month as notional income of the appellant. Due to the injuries
sustained in the accident, the appellant lost his employment. The Tribunal
ought to have fixed the disability at 100% and awarded compensation
towards loss of earning power. The Tribunal has not awarded any
enhancement towards future prospects and any compensation towards future
medical expenses and loss of amenities. The amounts awarded by the
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C.M.A.No.4020 of 2019
Tribunal under different heads are meagre and prayed for enhancement of
compensation.
6.Though notice has been served on the respondents 1 and 2 and their
names are printed in the cause list, there is no representation for them either
in person or through counsel.
7.Heard the learned counsel appearing for the appellant and perused
the entire materials on record.
8.It is the case of the appellant that in the accident, he suffered fracture
on both bones right leg and multiple injuries all over the body. P.W.2/Doctor
after examining the appellant, certified that the appellant suffered 55% partial
and permanent disability. The Tribunal fixed the disability at 55% as certified
by P.W.2/Doctor and awarded a sum of Rs.1,10,000/- (Rs.2,000/- X 55%)
towards disability by awarding a sum of 2,000/- per percentage of disability.
The appellant has not produced any document to prove that he suffered
functional disability and lost his earning capacity. Hence, he is not entitled to
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C.M.A.No.4020 of 2019
any compensation towards loss of earning power. The accident is of the year
2013 and the amount awarded by the Tribunal per percentage of disability is
meagre. The appellant is entitled to a sum of Rs.3,000/- per percentage of
disability. Thus, the compensation awarded by the Tribunal towards disability
is modified to Rs.1,65,000/- (Rs.3,000/- X 55%).
8(i).According to the appellant, he has taken treatment as in-patient in
A.N.N.Hospital, Valasaravakkam, from 14.03.2013 to 12.04.2013 and then in
MIOT Hospital, from 03.09.2013 to 27.09.2013, 07.10.2013 to 16.10.2013,
05.11.2013 and 06.11.2013 and from 27.11.2013 to 29.11.2013. The amounts
awarded by the Tribunal towards transportation, attendant charges and extra
nourishment are meagre. Considering the nature of injuries, disability and
period of treatment taken by the appellant, Rs.10,000/-, Rs.30,000/- and
Rs.25,000/- are awarded towards transportation, attendant charges and extra
nourishment respectively.
8(ii).According to the appellant, he was working as a lorry driver and
was earning a sum of Rs.15,000/- per month at the time of accident. The
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C.M.A.No.4020 of 2019
appellant has marked the driving license as Ex.P9 to prove the avocation, but
failed to produce any document to prove the income. In the absence of any
material evidence with regard to income, the Tribunal fixed a sum of
Rs.5,000/- per month as notional income of the appellant, which is meagre.
The accident is of the year 2013 and hence, a sum of Rs.7,500/- per month is
fixed as notional income of the appellant. Due to the injuries, the appellant
would not have attended the work atleast for a period of twelve months. Thus,
the compensation awarded by the Tribunal towards loss of income is
modified to Rs.90,000/- (Rs.7,500/- X 12). The Tribunal has not awarded any
compensation towards loss of amenities and hence, a sum of Rs.25,000/- is
awarded towards loss of amenities. 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.4020 of 2019
S.No Description Amount awarded Amount Award
by Tribunal awarded by confirmed or
(Rs) this Court enhanced or
(Rs) granted or
reduced
1. Disability 1,10,000 1,65,000 Enhanced
2. Transportation 5,000 10,000 Enhanced
3. Medical 6,07,456 6,07,456 Confirmed
expenses
4. Attendant 13,200 30,000 Enhanced
charges
5. Loss of income 60,000 90,000 Enhanced
6. Pain and 30,000 30,000 Confirmed
suffering
7. Extra 5,000 25,000 Enhanced
nourishment
8. Loss of - 25,000 Granted
amenities
Total 8,30,656 9,82,456 Enhanced by
Rs.1,51,800/-
9.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.8,30,656/- is hereby
enhanced to Rs.9,82,456/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. The 2nd
respondent/Insurance Company is directed to deposit the award amount now
determined by this Court along with interest and costs, less the amount
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C.M.A.No.4020 of 2019
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.
02.02.2021
Index : Yes / No
kj
To
1.The Subordinate Judge
Motor Accident Claims Tribunal
Poonamallee.
2.The Section Officer
V.R.Section
High Court, Chennai.
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C.M.A.No.4020 of 2019
V.M.VELUMANI, J.,
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C.M.A.No.4020 of 2019
02.02.2021
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