Madras High Court
Thadeus Kumar vs )M/S.R.R.M. Blue Metals on 17 February, 2021
CMA(MD)No.150 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.02.2021
CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
CMA(MD)No.150 of 2021
Thadeus Kumar ... Appellant
vs.
1)M/s.R.R.M. Blue Metals,
Through its Managing Partner,
No.5/97A, Karungal,
Manintapallu vilai,
Kanyakumari District-629 157.
2)The New India Assurance Company Ltd.,
Through its Branch Manager,
No.87, Mahatma Gandhi Road,
Fort, Mumbai-400 001. ... Respondents
Prayer : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, against the judgment and decree made in
MCOP.No.126 of 2017 on the file of the Motor Accidents Claims
Tribunal, (Special Sub Judge), Tirunelveli, dated 19.11.2019.
For Appellants : Mr.T.Selvakumaran
For R2 : Mr.K.Elangovan
JUDGMENT
Not satisfied with the quantum of compensation awarded by the
Tribunal, the claimants are before this Court seeking enhancement.
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CMA(MD)No.150 of 2021
2.The learned counsel for the appellant would state that the
appellant/claimant sustained fracture of right humerus and right elbow
and fracture of right side ribs 2, 3, 4 and 5; he was a seller of fish by
avocation; due to the injuries, he is not able to continue his avocation;
though the disability is assessed at 35.8%, the functional disability is
100% and therefore, the Tribunal ought to have adopted multiplier
method to compute the loss of income due to disability. He would
further state that the Tribunal ought to have awarded Rs.1,00,000/-
towards pain and suffering and the compensation under the heads
transport expenses, nourishment and loss of amenities is on the lower
side which requires enhancement.
3.The learned counsel for the 2nd respondent would state that the
Tribunal considering the facts and circumstances of the case, has
awarded a just and reasonable compensation which does not require
interference by this Court.
4.Heard the learned counsel for the appellant and the 2nd
respondent.
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CMA(MD)No.150 of 2021
5.Perusal of record shows that in the accident, the
appellant/claimant sustained fracture of right humerus and right elbow
and fracture of right side ribs 2, 3, 4 and 5. He was admitted in Vijaya
Hospital, Thuckalay, where he took treatment for 9 days, during which, a
surgery has been performed and plate and rod were fitted to fuse the
fractured bones in the right hand. PW2 Doctor who examined the
appellant/claimant would state that rod and plate were fitted for the
fracture in the right hand, due to which, the claimant has difficulty in full
extension and flexion of the right elbow and the claimant had fracture of
right ribs 2, 3, 4 and 5 with haemo-thorax which forecasts reduced
functional capacity of lung. PW2 Doctor has assessed the disability
sustained by the claimant at 35.8% and issued Ex.P8-disability
certificate. The Tribunal by awarding Rs.4,000/- per percentage of
disability, has awarded disability compensation at Rs,1,43,200/-. If the
effect of disability on the injured is continuous and it is in the nature of
either resulting in reduction of earning capacity or in the full use of the
limbs, it may be a case for invocation of multiplier method to award just
compensation. The appellant in this case sustained fracture of right
shoulder and elbow and he has difficulty in full extension and flexion
and the fracture of ribs reduced his functional capacity of the lung and
due to the above injuries, the appellant could not at all do his avocation
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CMA(MD)No.150 of 2021
as fish seller and therefore, in my opinion, it is a fit case where multiplier
method has to be adopted.
6.The appellant claimed that by doing whole sale fish selling work,
earned Rs.30,000/- per month, but there is no proof for the income. Even
for a vegetable vendor, the Apex Court in Syed Sadiq vs. United India
Insurance Co.Ltd., reported in 2014 (1) TN MAC 459(SC), has fixed the
monthly income at Rs.6,500/- where there was no proof for income.
Therefore, relying upon the said judgment, the monthly income of the
appellant is fixed at Rs.6,500/-. The age of the appellant at the time of
accident was 46 years and the multiplier according to his age is 13.
Applying 13 multiplier, the disability compensation is calculated as
follows:-
Rs.6500X12X13X35.8/100=Rs.3,63,012/-
The appellant/claimant is entitled to compensation of Rs.
3,63,012/- towards disability compensation as against Rs.1,43,200/-
awarded by the Tribunal. Considering the injuries which are grievous in
nature, the award of the Tribunal at Rs.25,000/- towards pain and
suffering is enhanced to Rs.1,00,000/-. Considering the injuries and the
treatment taken by the appellant, the award of Rs.5,000/- towards
transportation is enhanced to Rs.25,000/- and a sum of Rs.3,000/-
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CMA(MD)No.150 of 2021
granted towards attendant charges is increased to Rs.15,000/-. Except
the above, the compensation under other heads are not interfered with.
The quantum of compensation is modified and apportioned as follows:-
Disability compensation = Rs.3,63,012/-
Attendant charges = Rs. 15,000/-
Pain and suffering = Rs.1,00,000/-
Extra Nourishment = Rs. 25,000/-
Loss of convenience = Rs. 25,000/-
Medical expenses = Rs. 89,597/-
Transport expenses = Rs. 25,000/-
Loss of income during = Rs. 20,000/-
treatment -------------------------
Total = Rs.6,62,609/-
(Less) Award of the Tribunal= Rs.3,35,797/-
-------------------------
Enhanced compensation = Rs.3,26,812/-
-------------------------
7.In the result, there shall be an enhancement of Rs.3,26,812/- on
the quantum. The 2nd respondent insurance company is directed to
deposit the modified compensation of Rs.6,62,609/- with 7.5% interest
per annum from the date of petition till the date of deposit, within a
period of twelve weeks from the date of receipt of a copy of this
judgment. On such deposit, the appellant/claimant is permitted to
withdraw the entire amount without filing formal permission petition
before the Tribunal. The appellant/claimant shall pay the necessary court
fee for the enhanced compensation.
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CMA(MD)No.150 of 2021
J.NISHA BANU, J.
bala
8.With the above direction, this Civil Miscellaneous Appeal is
allowed. No costs.
17.02.2021
Index :yes/No
Internet:yes/No
bala
To
The Special Sub Judge,
Motor Accidents Claims Tribunal,
Tirunelveli.
JUDGMENT MADE IN
CMA(MD)No.150 of 2021
DATED : 17.02.2021
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