Madras High Court
Kanakeswari vs A.Kandasamy on 5 February, 2021
C.M.A.No.143 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.143 of 2021
Kanakeswari .. Appellant
Vs.
1.A.Kandasamy
2.The United India Insurance Company Limited,
Motor Third Party Cell,
No.134, Greams Road,
Chennai – 600 006. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
19.08.2019 made in M.C.O.P.No.2492 of 2015 on the file of the Motor
Accident Claims Tribunal, III Small Causes Court, Chennai.
For Appellant : Mr.U.Chithambaram
for Mr.K.Varadha Kamaraj
For R2 : Ms.R.Rathna Thara
1/10
https://www.mhc.tn.gov.in/judis/
C.M.A.No.143 of 2021
JUDGMENT
The matter is heard through “Video Conferencing”.
2.This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 19.08.2019 made in
M.C.O.P.No.2492 of 2015 on the file of the Motor Accident Claims Tribunal,
III Small Causes Court, Chennai.
3.The appellant is the claimant in M.C.O.P.No.2492 of 2015 on the file
of the Motor Accident Claims Tribunal, III Small Causes Court, Chennai. She
filed the above said claim petition, claiming a sum of Rs.15,00,000/- as
compensation for the injuries sustained by her in the accident that took place
on 07.11.2014.
4.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent riding by
the rider of the motorcycle belonging to the 1st respondent and directed the 2nd
respondent-Insurance Company to pay a sum of Rs.1,41,600/- as
compensation to the appellant.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.143 of 2021
5.Not being satisfied with the amounts awarded by the Tribunal, the
appellant has come out with the present appeal seeking enhancement of
compensation.
6.The learned counsel appearing for the appellant contended that in the
accident the appellant suffered multiple grievous injuries all over her body.
The Regional Medical Board, Government 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 Tribunal ought to have awarded more
compensation towards disability. The Tribunal ought to have awarded
compensation towards loss of earning capacity by adopting multiplier method
as the appellant suffered 20% permanent disability and she cannot do her
work as she was doing earlier. The appellant was working as Helper and
Servant Maid at M/s.S.R.S. Tools Private Limited, Ambattur, Chennai and
was earning a sum of Rs.12,500/- per month at the time of accident. But the
Tribunal fixed a meagre sum of Rs.6,500/- per month as notional income of
https://www.mhc.tn.gov.in/judis/
C.M.A.No.143 of 2021
the appellant and awarded compensation towards loss of income only for
three months. The appellant has taken treatment as inpatient at Saveetha
Medical College Hospital, Thandalam, Kancheepuram District for 25 days
from 08.11.2014 to 02.12.2014. The Tribunal failed to award any amount
towards future medical expenses and loss of amenities. The amounts awarded
by the Tribunal towards loss of income, pain and sufferings, attendant
charges, extra nourishment, transportation and disability are meagre and
prayed for enhancement of compensation.
7.Per contra, the learned counsel appearing for the 2 nd respondent
contended that the Tribunal accepted the disability certificate issued by the
Regional Medical Board, Government Medical College Hospital, Chennai and
awarded a sum of Rs.60,000/- for 20% of disability and the same is not
meagre. The appellant has not proved that she suffered functional disability
and lost her earning capacity. Hence, she is not entitled to any amount
towards loss of earning capacity. The appellant has not produced any material
evidence to prove her avocation and income. In the absence of any material
evidence with regard to avocation and income, the Tribunal fixed a sum of
Rs.6,500/- per month as notional income of the appellant and awarded
https://www.mhc.tn.gov.in/judis/
C.M.A.No.143 of 2021
compensation towards loss of income for three months, which is not meagre.
The Tribunal considering the entire materials on record, has awarded a sum of
Rs.1,41,600/- 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.From the materials available on record, it is seen that it is the case of
the appellant that in the accident she suffered multiple grievous injuries all
over her body. The Regional Medical Board, Government Medical College
Hospital, Chennai examined the appellant and certified that appellant suffered
20% disability. The disability certificate issued by the Regional Medical
Board, Government 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
https://www.mhc.tn.gov.in/judis/
C.M.A.No.143 of 2021
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 2014. In view of the same, a sum of Rs.4,000/- is awarded per
percentage of disability. Thus, the compensation awarded by the Tribunal
towards disability is modified to Rs.80,000/- (Rs.4,000/- X 20% disability).
The appellant has not proved that she suffered functional disability and lost
her earning capacity. Hence, she 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, she
was working as Helper and Servant Maid at M/s.S.R.S. Tools Private Limited,
Ambattur, Chennai and was earning a sum of Rs.12,500/- per month. She
failed to prove the said contention. In the absence of any material evidence
with regard to avocation and income, the Tribunal fixed a sum of Rs.6,500/-
per month as notional income of the appellant and awarded compensation
towards loss of income for three months. The accident occurred in the year
https://www.mhc.tn.gov.in/judis/
C.M.A.No.143 of 2021
2014 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.9,000/- per month is fixed as the notional income. Thus, the compensation
awarded by the Tribunal towards loss of income is modified to Rs.27,000/-
(Rs.9,000/- X 3 months). The appellant has taken treatment as inpatient at
Saveetha Medical College Hospital, Thandalam, Kancheepuram District for
25 days from 08.11.2014 to 02.12.2014. Considering the nature of injuries
and period of treatment taken by the appellant, the amounts awarded by the
Tribunal towards attendant charges and damages to clothes are meagre and
hence, the same are enhanced to Rs.25,000/- and Rs.2,000/- respectively. The
Tribunal has awarded a sum of Rs.20,000/- together for transportation and
extra nourishment and the same is not correct. The appellant is entitled to a
sum of Rs.10,000/- towards transportation and Rs.25,000/- towards extra
nourishment separately. The Tribunal has not awarded any amount towards
loss of amenities. The appellant is entitled to a sum of Rs.15,000/- towards
loss of amenities. The appellant has not produced any medical records to
show that she requires further medical treatment. Hence, she is not entitled to
any amount towards future medical expenses. The amounts awarded by the
Tribunal towards pain and sufferings and medical expenses are just and
https://www.mhc.tn.gov.in/judis/
C.M.A.No.143 of 2021
reasonable and hence, the same are hereby confirmed. Thus, the
compensation awarded by the Tribunal 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/- 80,000/- Enhanced
2. Pain and sufferings 20,000/- 20,000/- Confirmed
3. Loss of income 19,500/- 27,000/- Enhanced
4. Transportation 10,000/- Enhanced
and 20,000/- 25,000/- Enhanced
Extra nourishment
5. Damages to clothes 1,000/- 2,000/- Enhanced
6. Attendant charges 8,100/- 25,000/- Enhanced
7. Medical expenses 12,978/- 12,978/- Confirmed
8. Loss of amenities - 15,000/- Granted
Total Rs.1,41,578/- Rs.2,16,978/- Enhanced by
rounded off to rounded off to Rs.75,400/-
Rs.1,41,600/- Rs.2,17,000/-
11.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.1,41,600/- is hereby
enhanced to Rs.2,17,000/- 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
https://www.mhc.tn.gov.in/judis/
C.M.A.No.143 of 2021
judgment, to the credit of M.C.O.P.No.2492 of 2015 on the file of the Motor
Accident Claims Tribunal, III Small Causes Court, Chennai. 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 by making necessary applications before the Tribunal. No costs.
05.02.2021
krk
Index : Yes / No
Internet : Yes / No
To
1.The III Judge,
Motor Accident Claims Tribunal,
Small Causes Court,
Chennai.
2.The Section Officer,
VR Section,
High Court,
Madras.
V.M.VELUMANI, J.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.143 of 2021
krk
C.M.A.No.143 of 2021
05.02.2021
https://www.mhc.tn.gov.in/judis/
