Madras High Court
The Branch Manager vs R.Pugazhendhi on 16 February, 2021
C.M.A.No.1661 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH
and
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
C.M.A.No.1661 of 2019
and
C.M.P.No.4975 of 2019
The Branch Manager,
M/s.New India Assurance Co. Ltd.,
The Branch Office,
Old No.114, New No.204,
Kutchery Road,
Mylapore, Chennai – 600004. ... Appellant
Versus
1.R.Pugazhendhi
S/o.M.Raja
2.C.Shanmugam
S/o.Chinnasamy ... Respondents
Prayer: Civil Miscellaneous Appeal filed u/s.173 of the Motor Vehicles Act,
1988, against the judgment and decree dated 24.09.2014 passed in
M.C.O.P.No.54 of 2013 on the file of Motor Accident Claims Tribunal,
Special Subordinate Court, Krishnagiri.
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C.M.A.No.1661 of 2019
For Appellant : Mr.M.B.Raghavan
For Respondents : Mr.Mukund R. Pandiyan [R1]
Ex parte [R2]
*****
JUDGMENT
[Judgment of the Court was delivered by R.SUBBIAH, J]
This matter is heard through Video-Conferencing.
2. For the sake of convenience, appellant herein is referred to as
'Insurance Company' and first respondent herein is referred to as 'Claimant'.
3. Questioning the quantum of compensation awarded by the Tribunal in
any by its judgment and decree dated 24.09.2014 passed in M.C.O.P.No.54 of
2013 on the file of Motor Accident Claims Tribunal, Special Subordinate
Court, Krishnagiri, Insurance Company has filed the present appeal.
4. The brief facts of the case are as follows:
On 18.05.2006, at about 9 hours, while the claimant was riding his TVS
Victor Motor Cycle bearing Registration No.TN-29-K-6818, with a pillion
rider, on the left side of Kambainallur to Irumathur road towards Angampatti,
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C.M.A.No.1661 of 2019
a lorry bearing Registration No.TCI 6989 belonging to second respondent and
insured with the Insurance Company, came in a rash and negligent manner and
dashed against the motor cycle of the claimant, as a result of which the
claimant and the pillion rider fell down and sustained grievous injuries. The
claimant sustained fracture on his both bones of left leg, right patellar fracture
and other multiple injuries all over the body. Immediately, the claimant was
taken to Government Hospital, Dharmapuri, for first-aid treatment and
thereafter, he was admitted at St.Johns Medical College Hospital, Bangalore,
on the same day i.e., 18.05.2006. He was taking treatment, as an inpatient, in
the said hospital from 18.05.2006 to 06.03.2007 and had undergone several
operations. Thereafter, the claimant was admitted at CMC Hospital, Vellore,
on 22.05.2007, wherein it was diagnosed that there is non-union of left tibia
and fibula with chronic osteomyelitis. He underwent treatment and discharged
on 05.06.2007. Hence, claimant filed a claim petition seeking compensation in
a sum of Rs.25,00,000/- for the injuries sustained by him in the accident.
5. Resisting the claim made by claimant, Insurance Company has filed a
detailed counter statement inter alia contending that the accident had not
occurred in the manner as projected by claimant. They have also denied the
age, occupation and income of the claimant.
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C.M.A.No.1661 of 2019
6. To prove their claim, on the side of claimant, the claimant examined
himself as PW-1 and one Devendran, Doctor, was examined as PW-2 and 11
documents were marked as Exs.P1 to P11. On the side of Insurance Company,
none were examined and no exhibits were marked.
7. On appreciation of materials and the evidence on record, the Tribunal
arrived at a finding that the accident had occurred due to the rash and
negligent driving of the lorry bearing Registration No.TCI 6989.
Consequently, the Tribunal directed the Insurance Company, as insurer of the
offending vehicle, to pay compensation. The Tribunal awarded a sum of
Rs.20,21,036/-/- as compensation. The break-up details are as follows:
Sl. Amount
Compensation awarded under the head
No. (in Rs.)
1. Loss of earning capacity 7,00,000/-
2. Medical expenses 4,61,036/-
3. Attender charges 3,60,000/-
4. Pain and suffering 2,00,000/-
5. Future Medical expenses 1,50,000/-
6. For discomfort and loss of amenities and 1,00,000/-
marriage prospects
7. Nutrition and transportation 50,000/-
Total 20,21,036/-
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C.M.A.No.1661 of 2019
The said sum was directed to be paid together with interest at 6% p.a. from the
date of claim petition till the date of realisation. Challenging the quantum of
compensation, Insurance Company has filed the present appeal.
8. The main submission of learned counsel for Insurance Company is
that the petitioner is still working in Mathur Primary Agricultural Co-operative
Bank Ltd., Mathur and earning a sum of Rs.10,000/- p.m. It was also admitted
by claimant in his cross-examination. However, the Tribunal has awarded an
exorbitant sum of Rs.7,00,000/- as compensation under the head 'loss of
earning capacity'. Further, the Tribunal had applied multiplier and awarded an
exorbitant sum of Rs.3,60,000/- under the head 'attender charges'. The amount
awarded under the other heads is also on the higher side. Hence, learned
counsel submits that the compensation awarded by the Tribunal needs
appropriate reduction.
9. Per contra, learned counsel for claimant submits that considering the
nature of injuries as well as disability suffered by claimant, the Tribunal
awarded a consolidated sum of Rs.7,00,000/- towards loss of earning capacity.
Upon finding that the claimant could not do any work as he was doing before
the accident and requires the assistance of others throughout his life, the
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C.M.A.No.1661 of 2019
Tribunal had rightly applied multiplier towards awarding compensation under
the head 'attender charges'. Learned counsel submits that the Tribunal had
awarded a reasonable sum of Rs.20,21,036/- as compensation and the same
does not require interference by this Court and prays for dismissal of the
present appeal.
10. This Court has considered the rival submissions. Perused the
materials on record.
11. Since only the quantum of compensation is challenged in the present
appeal, this Court is not dealing with the aspect of liability to effect
compensation.
12. On a perusal of the records, this Court finds that even after the
accident, the claimant is continuing his avocation with the help of others. In
such circumstances, the sum of Rs.7,00,000/- awarded under the head 'loss of
earning capacity' appears to be highly excessive. Hence, the same is hereby
reduced to Rs.2,00,000/-. PW-2, Doctor, assessed the disability suffered by the
claimant at 70%. Considering the nature of injuries and the disability suffered
by him, this Court is of the considered view that it would be appropriate to
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C.M.A.No.1661 of 2019
award a sum of Rs.3,000/- per percentage of disability. Accordingly, a sum of
Rs.2,10,000/- (70*3000) is awarded towards permanent disability. Considering
the long duration of treatment undergone by claimant, this Court is of the view
that the sum of Rs.2,00,000/- awarded by the Tribunal towards pain and
suffering appears to be reasonable. Further, this Court finds that application of
multiplier is not warranted in the present case towards awarding compensation
under the head 'attender charges'. Accordingly, the sum of Rs.3,60,000/-
awarded under such head is reduced to Rs.1,00,000/-. Owing to the disability
suffered by claimant in the accident, his prospects of the marriage stood totally
diminished. Hence, this Court is of the view that the sum of Rs.1,00,000/-
awarded under the head 'for discomfort and loss of amenities and marriage
prospects' is on the lower side and hence, the same is enhanced to
Rs.2,25,000/-. The amount awarded under the other heads is hereby confirmed.
Further, the interest awarded by the Tribunal at 6% p.a. is hereby increased to
7.5% p.a.
13. Accordingly, the modified compensation payable would be:
Sl. Compensation awarded under Award of the Award of
No. the head Tribunal this Court
(in Rs.) (in Rs.)
1. Loss of earning capacity 7,00,000/- 2,00,000/-
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C.M.A.No.1661 of 2019
Sl. Compensation awarded under Award of the Award of
No. the head Tribunal this Court
(in Rs.) (in Rs.)
2. Permanent disability - 2,10,000/-
3. Medical expenses 4,61,036/- 4,61,036/-
4. Attender charges 3,60,000/- 1,00,000/-
5. Pain and suffering 2,00,000/- 2,00,000/-
6. Future Medical expenses 1,50,000/- 1,50,000/-
7. For discomfort and loss of 1,00,000/- 2,25,000/-
amenities and marriage
prospects
8. Nutrition and transportation 50,000/- 50,000/-
Total 20,21,036/- 15,96,036/-
Rounded off to - 16,00,000/-
In the result, the Civil Miscellaneous Appeal is partly allowed. The
compensation of Rs.20,21,036/- awarded by the Tribunal is hereby reduced to
Rs.16,00,000/- [Rupees Sixteen Lakhs only]. The Insurance Company is
directed to deposit the modified compensation of Rs.16,00,000/-, less the
amount already deposited, together with interest at 7.5% p.a. from the date of
claim petition till the date of deposit within a period of four weeks from the
date of receipt of this judgment. On such deposit being made by Insurance
Company, first respondent/claimant is permitted to withdraw the same along
with accrued/proportionate interest and costs, less the amount, if any already
withdrawn by him, by filing necessary application before the Tribunal. No
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C.M.A.No.1661 of 2019
costs. Connected miscellaneous petition is closed.
[R.P.S., J] [S.S.K., J]
16.02.2021
Speaking/Non-speaking order
Index: yes/no
Internet:yes/no
gm
To
1.The Motor Accident Claims Tribunal,
Special Subordinate Court,
Krishnagiri.
2.The Section Officer,
VR Section,
High Court, Madras.
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C.M.A.No.1661 of 2019
R.SUBBIAH, J
and
SATHI KUMAR SUKUMARA KURUP, J
gm
C.M.A.No.1661 of 2019
16.02.2021
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