Madras High Court
G.Baskar vs Naganandhini on 5 February, 2021
C.M.A.No.137 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.02.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.137 of 2021
G.Baskar .. Appellant
Vs.
1.Naganandhini
2.ICICI Lombard General Insurance Company Limited,
1st Floor, Arihant Plaza,
No.84 & 85, Wal Tax Road,
Chennai – 600 003. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
30.10.2019 made in M.C.O.P.No.4075 of 2016 on the file of the Motor
Accident Claims Tribunal, IV Small Causes Court, Chennai.
For Appellant : Mr.U.Chithambaram
for Mr.K.Varadha Kamaraj
For R2 : Ms.R.Sree Vidhya
JUDGMENT
The matter is heard through “Video Conferencing”.
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C.M.A.No.137 of 2021
2.This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 30.10.2019 made in
M.C.O.P.No.4075 of 2016 on the file of the Motor Accident Claims Tribunal,
IV Small Causes Court, Chennai.
3.The appellant is the claimant in M.C.O.P.No.4075 of 2016 on the file
of the Motor Accident Claims Tribunal, IV Small Causes Court, Chennai. He
filed the above 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 17.02.2016.
4.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 car belonging to the 1st respondent and directed the 2nd
respondent-Insurance Company to pay a sum of Rs.1,20,000/- as
compensation to the appellant.
5.Not being satisfied with the amounts awarded by the Tribunal, the
appellant has come out with the present appeal seeking enhancement of
compensation.
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C.M.A.No.137 of 2021
6.The learned counsel appearing for the appellant contended that in the
accident the appellant suffered fracture of leg and multiple injuries all over
the body. The Medical Board from Government Kilpauk Medical College
Hospital, Chennai examined the appellant and certified that appellant suffered
20% disability and issued disability certificate Ex.C1 to that effect. But the
Tribunal awarded a meagre sum of Rs.60,000/- towards disability at the rate
of Rs.3,000/- per percentage of disability. The accident occurred in the year
2016 and the Tribunal ought to have awarded more amount towards
disability. The Tribunal ought to have awarded compensation for 20% loss of
earning capacity. At the time of accident, the appellant was working as
Vegetable Seller and was earning a sum of Rs.12,000/- per month. But the
Tribunal fixed a meagre sum of Rs.8,000/- per month as notional income of
the appellant and awarded compensation towards loss of income only for two
months. The appellant has taken treatment at St.Isabel's Hospital, Chennai as
inpatient for two days on17.02.2016 and 18.02.2016. The Tribunal failed to
award any amount towards future medical expenses. The amounts awarded by
the Tribunal towards loss of income, pain and sufferings, attendant charges,
loss of amenities and extra nourishment are meagre and prayed for
enhancement of compensation.
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C.M.A.No.137 of 2021
7.Per contra, the learned counsel appearing for the 2nd respondent
contended that the Tribunal accepted the disability certificate issued by the
Medical Board and awarded a sum of Rs.60,000/- for 20% 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, the Tribunal fixed a sum of Rs.8,000/-
per month as notional income of the appellant and awarded compensation
towards loss of income for two months, which is not meagre. The Tribunal
considering the entire materials on record, has awarded a sum of
Rs.1,20,000/- as compensation to the appellant under different heads and the
same is not meagre. The appellant has not made out any case for enhancement
of compensation and prayed for dismissal of the appeal.
8.Heard the learned counsel appearing for the appellant as well as the
learned counsel appearing for the 2nd respondent and perused the entire
materials on record.
9.It is the contention of the appellant that in the accident he suffered
fracture of leg and multiple injuries all over the body. The Medical Board,
Government Kilpauk Medical College Hospital, Chennai examined the
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C.M.A.No.137 of 2021
appellant and certified that appellant suffered 20% disability. The disability
certificate issued by the Medical Board, Government Kilpauk Medical
College Hospital, Chennai was marked as Ex.C1. The Tribunal accepted the
disability certificate issued by the Medical Board and awarded a sum of
Rs.60,000/- for 20% of disability at the rate of Rs.3,000/- per percentage of
disability and the same 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 2016. 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.1,00,000/- (Rs.5,000/- X 20% disability). The appellant has not proved
that he suffered functional disability and lost his earning capacity. Hence, he
is not entitled to any amount towards loss of earning capacity.
10.It is the contention of the appellant that at the time of accident, he
was working as Vegetable Seller and was earning a sum of Rs.12,000/- per
month. He failed to prove the said contention. In the absence of any material
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C.M.A.No.137 of 2021
evidence with regard to avocation and income, the Tribunal fixed a sum of
Rs.8,000/- per month as notional income of the appellant and awarded
compensation towards loss of income for two months. The accident occurred
in the year 2016 and the notional income fixed by the Tribunal is meagre.
Considering the year of accident, age and nature of work done by the
appellant, a sum of Rs.12,000/- per month as claimed by the appellant is fixed
as his notional income. Due to the injuries and disability suffered by him in
the accident, he 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 months). The appellant
has taken treatment at St.Isabel's Hospital, Chennai as inpatient for two days
on17.02.2016 and 18.02.2016. Considering the nature of injuries and period
of treatment taken by the appellant, the amount awarded by the Tribunal
towards transportation is meagre and the same is enhanced to Rs.5,000/-. The
appellant has not produced any medical records to show that he requires
further medical treatment. Hence, he is not entitled to any amount towards
future medical expenses. The amounts awarded by the Tribunal towards pain
and sufferings, medical expenses, extra nourishment, damages to clothes,
attendant charges and loss of amenities are just and reasonable and hence, the
same are hereby confirmed. Thus, the compensation awarded by the Tribunal
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C.M.A.No.137 of 2021
is modified as follows:
S. Description Amount awarded Amount awarded Award confirmed
No by Tribunal by this Court or enhanced or
(Rs) (Rs) granted
1. Disability 60,000/- 1,00,000/- Enhanced
2. Pain and sufferings 15,000/- 15,000/- Confirmed
3. Loss of income 16,000/- 36,000/- Enhanced
4. Extra nourishment 5,000/- 5,000/- Confirmed
5. Damages to clothes 1,000/- 1,000/- Confirmed
6. Attendant charges 1,000/- 1,000/- Confirmed
7. Medical expenses 9,036/- 9,036/- Confirmed
8. Transportation 3,000/- 5,000/- Enhanced
9. Loss of amenities 10,000/- 10,000/- Confirmed
Total Rs.1,20,036/- Rs.1,82,036/- Enhanced by
rounded off to rounded off to Rs.62,000/-
Rs.1,20,000/- Rs.1,82,000/-
11.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.1,20,000/- is hereby
enhanced to Rs.1,82,000/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. The 2 nd respondent-
Insurance Company is directed to deposit the award amount 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, to the credit of M.C.O.P.No.4075 of 2016 on the file of the Motor
Accident Claims Tribunal, IV Small Causes Court, Chennai. On such deposit,
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C.M.A.No.137 of 2021
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 by making necessary applications before the Tribunal. No costs.
05.02.2021
krk
Index : Yes / No
Internet : Yes / No
To
1.The IV Judge,
Motor Accident Claims Tribunal,
Small Causes Court,
Chennai.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.137 of 2021
V.M.VELUMANI, J.
krk
C.M.A.No.137 of 2021
05.02.2021
https://www.mhc.tn.gov.in/judis/
