Madras High Court
S.K.Ashok Babu vs T.Saravana Kumar on 5 February, 2021
C.M.A.No.199 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.199 of 2021
S.K.Ashok Babu .. Appellant
Vs.
1.T.Saravana Kumar
2.United India Insurance Co. Ltd.
Third Party Claims Office
Silingi Buildings
IV floor, 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 12.12.2019
made in M.C.O.P.No.1511 of 2017 on the file of Motor Accident Claims
Tribunal, II Special Sub Court, Small Causes Court, Chennai.
1/9
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C.M.A.No.199 of 2021
For Appellant : Ms.P.T.Saleem Fathima
For R2 : Mr.J.Chandran
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 12.12.2019 made in
M.C.O.P.No.1511 of 2017 on the file of Motor Accident Claims Tribunal, II
Special Sub Court, Small Causes Court, Chennai.
2.The appellant is claimant in M.C.O.P.No.1511 of 2017 on the file of
Motor Accident Claims Tribunal, II Special Sub Court, Small Causes Court,
Chennai. He filed the said claim petition claiming a sum of Rs.10,00,000/- as
compensation for the injuries sustained by him in the accident that took place
on 20.01.2017.
3. The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent
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C.M.A.No.199 of 2021
riding by the rider of the motorcycle bearing Registration No.
TN-13-E-7454 belonging to the 1st respondent and directed
the 2nd respondent/Insurance Company being insurer of the said motorcycle
to pay a sum of Rs.1,14,000/- 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 of right wrist. The Medical Board
after examining the appellant certified that the appellant suffered 4%
disability and issued Ex.C1/disability certificate. The appellant was working
as a Technician in Bharat Electronic Limited and was earning a sum of
Rs.35,000/- per month. Due to the injuries, the day-to-day activities of the
appellant is affected and could not do the work as he was doing earlier. The
Tribunal ought to have adopted multiplier method to award compensation. As
per Ex.P7, the Hospital estimated a sum of Rs.1,00,000/- towards future
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C.M.A.No.199 of 2021
medical expenses. The Tribunal awarded only a meagre sum of Rs.20,000/-
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 2nd
respondent/Insurance Company contended that the appellant has not proved
that he suffered functional disability and lost his earning power and therefore,
the Tribunal rightly awarded compensation by adopting percentage method.
The Tribunal after considering the materials available on record, has awarded
compensation under different heads, which are 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 2nd respondent/Insurance Company and
perused the entire materials on record.
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C.M.A.No.199 of 2021
8.It is the case of the appellant that in the accident, he suffered fracture
on his right wrist and multiple injuries all over the body. The Medical Board
after examining the appellant certified that the appellant suffered 4%
disability and issued Ex.C1/disability certificate. The Tribunal fixed the
disability of the appellant at 4% as per Ex.C1/disability certificate and
awarded a sum of Rs.12,000/- towards disability by awarding a sum of
Rs.3,000/- 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 any compensation by adopting
multiplier method. 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 rise 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
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C.M.A.No.199 of 2021
percentage of disability. Thus, the compensation awarded by the Tribunal
towards disability is modified to Rs.20,000/- (Rs.5,000/- X 4%).
8(i).According to the appellant, he has taken treatment as in-patient in
SRMC Hospital, Porur, from 20.01.2017 to 25.01.2017 and underwent
surgery. The amounts awarded by the Tribunal towards transportation,
attendant charges, damage to clothes and loss of amenities are meagre.
Considering the nature of injuries, disability and period of treatment taken by
the appellant, the amounts awarded by the Tribunal towards transportation,
attendant charges, damage to clothes and loss of amenities are hereby
enhanced to Rs.5,000/-, Rs.10,000/-, Rs.3,000/- and Rs.10,000/- respectively.
The appellant has filed Ex.P7, estimation given by the hospital to the tune of
Rs.1,00,000/- towards future medical expenses. The appellant has not
examined the author of the document to prove the same. In such
circumstances, the Tribunal considering Ex.P6/x-ray awarded a sum of
Rs.20,000/- towards future medical expenses and the same is proper. 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.199 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. Permanent 12,000 20,000 Enhanced
disability
2. Pain and 10,000 10,000 Confirmed
suffering
3. Transportation 3,000 5,000 Enhanced
4. Extra 10,000 10,000 Confirmed
nourishment
5. Damage to 1,000 3,000 Enhanced
clothes and
articles
6. Attendant 3,000 10,000 Enhanced
charges
7. Loss of income 50,000 50,000 Confirmed
8. Loss of 5,000 10,000 Enhanced
amenities
9 Future medical 20,000 20,000 Confirmed
expenses
Total 1,14,000 1,38,000 Enhanced by
Rs.24,000/-
9.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.1,14,000/- is hereby
enhanced to Rs.1,38,000/- together with interest at the rate of 7.5% per
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C.M.A.No.199 of 2021
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
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.
05.02.2021
Index : Yes / No
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To
1.The II Special Subordinate Judge
Motor Accident Claims Tribunal
Small Causes Court, Chennai.
2.The Section Officer
V.R.Section
High Court, Chennai.
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C.M.A.No.199 of 2021
V.M.VELUMANI, J.,
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C.M.A.No.199 of 2021
05.02.2021
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