Madras High Court

M.Kasthuri vs Palla Potula Karthik Na on 3 February, 2021

                                                                             C.M.A. No.72 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 03.02.2021

                                                        CORAM:

                                  THE HONOURABLE MS.JUSTICE V.M.VELUMANI

                                                C.M.A.No.72 of 2021

                  M.Kasthuri                                                    .. Appellant
                                                          Vs.

                  1.Palla Potula Karthik Na

                  2.Reliance General Insurance Co. Ltd.,
                    R.O. Legal Department, Reliance House,
                    No.6, 6th Floor, Haddows Road,
                    Nungambakkam,
                    Chennai 600 006.                                           .. Respondents
                  Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
                  Vehicles Act, 1988, against the judgment and decree dated 19.02.2020, made
                  in M.C.O.P. No.8472 of 2015, on the file of the Special Sub Judge No.2,
                  Small Causes Court, (Motor Accident Claims Tribunal), Chennai.


                                        For Appellant     : Mr.U.Chithambaram
                                                            for M/s. K.Varadhakamaraj

                                        For Respondents : M/s. C.Bhuvanasundari (For R2)



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                                                                               C.M.A. No.72 of 2021

                                                  JUDGMENT

The matter is heard through "Video Conferencing".

This appeal has been filed for enhancement of compensation granted

by the award dated 19.02.2020, made in M.C.O.P. No.8472 of 2015, on the

file of the Special Sub Judge No.2, Small Causes Court, (Motor Accident

Claims Tribunal), Chennai.

2.The appellant-claimant filed M.C.O.P. No.8472 of 2015, on the file

of the Special Sub Judge No.2, Small Causes Court, (Motor Accident Claims

Tribunal), Chennai, claiming a sum of Rs.11,00,000/- as compensation for the

injuries sustained by her in the accident that took place on 01.11.2015.

3.The Tribunal considering the pleadings, oral and documentary

evidence, held that the accident occurred due to rash and negligent riding by

rider of the Motorcycle belonging to the 1st respondent and directed the 2nd

respondent, as insurer of the offending vehicle, to pay a sum of Rs.1,54,000/-

as compensation to the appellant.

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4.Not being satisfied with the amounts awarded by the Tribunal in the

award dated 19.02.2020, made in M.C.O.P. No.8472 of 2015, the appellant

has come out with the present appeal.

5.The learned counsel appearing for the appellant contended that in the

accident, the appellant sustained grievous injuries. The Medical Board

examined and certified that the appellant suffered 50% disability and issued

disability certificate to that effect, which is marked as Ex.C1. The Tribunal

without assigning any reasons, erroneously reduced the percentage of

disability suffered by the appellant to 35% and granted meagre amount of

Rs.70,000/- as compensation towards disability. The learned counsel

appearing for the appellant further contended that the Tribunal ought to have

fixed a sum of Rs.10,000/- per month as notional income and awarded more

compensation towards loss of income, instead of fixing only Rs.9,000/- as

monthly income of the appellant. The Tribunal ought to have awarded

compensation towards future medical expenses. The amounts awarded by the

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Tribunal towards transportation, loss of expectation of life, pain and

suffering, attendant charges and extra nourishment are meagre and prayed for

enhancement of the compensation.

6.Per contra, the learned counsel appearing for the 2nd respondent-

Insurance Company contended that the Tribunal considering the nature of

injuries suffered by the appellant and the disability certificate issued by the

Medical Board, marked as Ex.C1, rightly reduced the percentage of disability

to 35% and granted compensation. The appellant has not proved that he

suffered functional disability and lost his entire 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 the compensation

and prayed for dismissal of the appeal.

7.Heard learned counsel appearing for the appellant as well as the 2nd

respondent-Insurance Company and perused the materials available on

record.

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8.From the materials on record, it is seen that it is the case of the

appellant that in the accident, he suffered grievous injuries and has taken

treatment as in-patient at Hospital from 01.11.2015 to 09.11.2015. The

Medical Board examined the appellant and certified that the appellant

suffered 50% disability. The Tribunal without assigning any reasons, reduced

the percentage of disability to 35% and awarded a sum of Rs.70,000/-

towards disability at the rate of Rs.2,000/- per percentage. The same is

erroneous. Considering the disability certificate marked as Ex.C1 and the

nature of injuries sustained by him, the disability suffered by the appellant is

fixed as 50%. 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 2015. In view of the same, a sum of Rs.4,000/- is

awarded per percentage of disability. Thus, the amount awarded by the

Tribunal towards disability is enhanced to Rs.2,00,000/- [Rs.4,000/- x 50%],

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at the rate of Rs.4,000/- per percentage for 50% disability. The amount of

Rs.5,000/- awarded by the Tribunal towards attendant charges is meagre.

Considering the period of treatment taken by the appellant, the same is

enhanced to Rs.10,000/-.

9.It is the case of the appellant that he was working as Fruit Seller and

was earning a sum of Rs.10,000/- per month. He failed to prove the same. In

the absence of any material evidence to prove the avocation and income, the

Tribunal fixed a sum of Rs.9,000/- per month as notional income of the

appellant. The accident is of the year 2015. Considering the year of accident,

age and nature of work done by the appellant, a sum of Rs.12,000/- per month

is fixed as notional income. Due to the injuries sustained in the accident, the

appellant would not have worked atleast for a period of six months. Hence,

the amount awarded by the Tribunal towards loss of income is enhanced to

Rs.72,000/- [Rs.12,000/- x 6 months]. The amounts awarded by the Tribunal

under 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.72 of 2021




                         S. No    Description                    Amount            Amount          Award
                                                                awarded by      awarded by this confirmed or
                                                                 Tribunal         Court (Rs)    enhanced or
                                                                   (Rs)                           granted
                         1.       Disability                         70,000/-        2,00,000/-   Enhanced
                         2.       Pain and suffering                 10,000/-          10,000/-   Confirmed
                         3.       Extra nourishment                  10,000/-          10,000/-   Confirmed
                         4.       Transportation                     10,000/-          10,000/-   Confirmed
                         5.       Damage to clothes                   2,000/-           2,000/-   Confirmed
                         6.       Loss of expectation of life         5,000/-           5,000/-   Confirmed
                         7.       Loss of amenities                  10,000/-          10,000/-   Confirmed
                         8.       Loss of income                     27,000/-          72,000/-   Enhanced
                         9.       Mental agony                        5,000/-           5,000/-   Confirmed
                         10.      Attendant charges                   5,000/-          10,000/-   Enhanced
                                  Total                            1,54,000/-        3,34,000/- Enhanced by
                                                                                                Rs.1,80,000/-

10.In the result, the appeal is partly allowed and the amount awarded

by the Tribunal at Rs.1,54,000/- is enhanced to Rs.3,34,000/- 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,

within a period of six weeks from the date of receipt of a copy of this

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judgment, to the credit of M.C.O.P. No.8472 of 2015. On such deposit, the

appellant is permitted to withdraw the award amount, now determined by this

Court, along with interest and costs, after adjusting the amount, if any already

withdrawn, by filing necessary applications before the Tribunal. No costs.