Madras High Court
Tmt.Dhanalakshmi vs )Malarkodi on 5 February, 2021
CMA(MD)No.9 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.02.2021
CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
CMA(MD)No.9 of 2021
Tmt.Dhanalakshmi ... Appellant
vs.
1)Malarkodi
2)M/s.The New India Assurance Co.Ltd.,
Rep. by its Divisional Manager,
BSNL Building Complex,
70 Feet Road, Ellis Nagar, Madurai,
Madurai District.
(Policy No.73020131180300002918) ... Respondents
Prayer : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, against the fair and dereetal order dated
03.01.2020 made in MCOP.No.895 of 2019 on the file of the Special Sub
Court, (Motor Accidents Claims Tribunal), Madurai, so far as it relates to
quantum of compensation granted.
For Appellant : Mr.S.Srinivasaragavan for
Mr.N.Ilango
For R2 : Mr.D.Sivaraman
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CMA(MD)No.9 of 2021
JUDGMENT
Not satisfied with the quantum of compensation, the claimant has
filed this appeal seeking enhancement.
2.The learned counsel for the appellant/claimant would state that
the claimant has sustained fracture in the right hand, right leg, head
injury and multiple injuries all over the body and due to the injuries, she
experienced pain and sufferings for more than one year and therefore, the
compensation of Rs.15,000/- towards pain and sufferings is on the lower
side. He would further state that though the claimant has marked Exs.P6
and P7 to prove that due to injuries, she took treatment from 31.08.2018
to 16.09.2019, 18.09.2018 to 20.09.2018 and 16.08.2019 to 25.08.2019
totally 30 days by taking medical leave, the Tribunal did not award any
sum for loss of income during treatment period. If the accident was not
occurred, the appellant can get an opportunity of availing of leave at her
leisure and pleasure and therefore, the Tribunal ought to have awarded
compensation under that head. In support of the said contention, she
would rely on the judgment in B.Anandhi vs. R.Latha and others
reported in 2002 ACJ 233. She would further state that the
compensation of Rs.3,000/- towards nutrition, Rs.2,000/- towards
attendant charges and Rs.3,000/- towards transportation are extremely
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CMA(MD)No.9 of 2021
inadequate. It is also stated that due to the injuries sustained in the
accident, the claimant has developed vertigo for which, she is taking
medical treatment continuously, but the Tribunal has not awarded any
sum for future medical expenses. Thus, the learned counsel would pray
for enhancement on the quantum.
3.Heard the learned counsel for the appellant as well as the 2nd
respondent insurance company.
4.Perusal of record shows that the at the time of accident, the
claimant was aged 35 years and she is working as a B.T. Assistant in
Madurai Corporation Middle School and earning Rs.60,000/- per month.
In the accident, she sustained injuries on head, hip, right shoulder and
fracture in the right hand and initially, she took treatment in Vadamalayan
Hospital, Madurai, and subsequently on three spells namely, from
31.08.2018 to 16.09.2019, 18.09.2018 to 20.09.2018 and 16.08.2019 to
25.08.2019 in various hospitals. The claimant would state that due to the
injuries sustained in the accident, she is not able to do her work as before
and she is not able to stand or sit continuously. Taking into consideration
the nature of injuries and the treatment record, the Tribunal fixed 14%
partial permanent disability and awarded compensation of Rs.42,000/- by
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CMA(MD)No.9 of 2021
awarding Rs.3,000/- for each percentage of disability.
5.Perusal of record shows that the claimant is a Government
servant and she is entitled to leave salary for 30 days medical leave
availed by her, but however, considering the nature of injuries, in my
opinion, the award towards pain and suffering, attendant charges and
other heads requires enhancement. The Tribunal awarded Rs.15,000/-
towards pain and suffering. Considering the nature of injuries and period
of treatment, the said award is enhanced to Rs.50,000/-. Due to the
injuries, the claimant has taken treatment as inpatient for 30 days and she
would have taken nutritious food for speedy recovery and the award of
Rs.3,000/- towards nutrition is inadequate and therefore, the same is
enhanced to Rs.10,000/-. Considering the period of hospitalization
which is more than a month, this Court is inclined to enhance the award
towards attendant charges to Rs.10,000/- from Rs.2,000/- awarded by the
Tribunal. The award of Rs.69,000/- towards medical expenses duly
supported by the series of medical bills, is confirmed. Considering the
facts and circumstances of the case, the award of Rs.3,000/- towards
transportation is enhanced to Rs.10,000/-. The award of Rs.2,000/-
towards damage to clothes is sustained. The compensation is modified
and apportioned as hereunder:-
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CMA(MD)No.9 of 2021
Disability compensation = Rs. 42,000/-
Pain and sufferings = Rs. 50,000/-
Nutrition = Rs. 10,000/-
Attendant charges = Rs. 10,000/-
Transportation = Rs. 10,000/-
Medical expenses = Rs. 69,000/-
Damage to clothes = Rs. 2,000/-
-------------------------
Total = Rs.1,93,000/-
(Less)Award of the Tribunal = Rs.1,36,000/-
-------------------------
Enhancement = Rs. 57,000/-
-------------------------
6.In the result, there shall be an enhancement of Rs.57,000/- on the
quantum. The 2nd respondent insurance company is directed to deposit
the modified compensation of Rs.1,93,000/- with 7.5% interest per
annum from the date of claim petition till the date of deposit and costs, to
the credit of the claim petition, within a period of four weeks from the
date of receipt of a copy of this judgment. On such deposit, the
appellant/claimant is permitted to withdraw the same without filing
formal permission petition before the Tribunal.
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CMA(MD)No.9 of 2021
J.NISHA BANU, J.
bala/gns
7.With the above direction, the Civil Miscellaneous Appeal is
partly allowed. No costs. Consequently, connected miscellaneous
petition is closed.
05.02.2021
Index : Yes / No
Internet: Yes / No
bala/gns
NOTE: In view of the present lock down owing to COVID-19 pandemic,
a web copy of the order may be utilized for official purposes, but,
ensuring that the copy of the order that is presented is the correct copy,
shall be the responsibility of the advocate/litigant concerned.
To
The Judge,
Special Sub Court,
Motor Accidents Claims Tribunal,
Madurai.
JUDGMENT MADE IN
CMA(MD)No.9 of 2021
DATED : 05.02.2021
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