Madras High Court
G.Easwari vs S.Arokiyasamy on 18 February, 2021
CMA No.2461 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 18.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
CMA.No.2461 of 2014
G.Easwari ... Appellant/ Claimant
Vs.
1. S.Arokiyasamy
2. The Oriental Insurance Company Ltd.,
No.7, Esplanade, Chennai-8. ... Respondents/respondents
Prayer: Civil Miscellaneous Appeal has been filed under Section
173 of the Motor Vehicles Act, 1988, against the decree and judgment
dated 25.06.2007 passed in M.C.O.P.No.3796 of 2002 by the VI Judge,
Motor Accident Claims Tribunal, Court of Small Causes, Chennai.
For Appellant : Mr.A.N.Viswanatha Rao
For II respondent : Mr.K.Vinoth
for Mr.Elveera Ravindran
For I respondent : No appearance
Page 1 of 10
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CMA No.2461 of 2014
JUDGMENT
Not satisfied with the quantum of compensation awarded
by the Tribunal, the claimant is before this court to enhance the
compensation.
2. The appellant/ claimant has filed a claim petition before
the Tribunal seeking compensation of Rs.5,00,000/- for the injuries
sustained by her in a road accident that took place on 23.01.2002.
3. The brief case of the claimant is as follows: On
23.01.2002 at about 8.00 hours, the petitioner was travelling in a Tata
Sumo bearing registration No.TN-02-D-8177 and while the Tata Sumo
nearing Poly Gramam Ellai High Ways Road, Villupuram District, a
speedy Container lorry bearing registration No.TSE-5319, coming
from opposite side dashed against the Tata Sumo, thereby the claimant
and the other passengers, including the driver had sustained injuries and
the petitioner has taken treatment in the Government Hospital,
Ulundurpettai. According to the claimant, the rash and negligent
driving of the driver of the Container Lorry was the cause of accident,
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CMA No.2461 of 2014
and since the first respondent insured his vehicle with the second
respondent, both of them are liable to pay compensation to them.
4. The second respondent/ Insurance Company resisted the
claim petition by filing counter affidavit.
5. Before Tribunal, including the present claimant, totally
eight persons have filed claim petitions, who have travelled in the same
Tata Sumo car on the date of accident. On the side of the claimant in
the instant case, she and one Dr.Gopalan were examined as PW5 and
PW9 respectively and Ex.P51 to Ex.P55 and Ex.P71 and Ex.P72 were
marked. On the side of the respondents, no oral and documentary
evidence was adduced.
6. After analysing the evidence on record, the Tribunal has
awarded a sum of Rs.1,41,000/- as compensation to the claimant under
various heads as extracted hereunder.
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CMA No.2461 of 2014
Sl Heads Amount in
No Rs.
1 Loss of income (3000x2) 6,000
2 Transportation charges 5,000
3 Extra nourishment 1,000
4 Medical expenses 38,896
5 Mental agony 5,000
6 Pain and sufferings 5,000
7 Disability 50 x 1000 50,000
8 Loss of earning power 30,000
Total 1,40,896
Rounded off to 1,41,000
Not satisfied with the quantum of compensation, the claimant has filed
the present appeal for enhancement of compensation.
7. Heard the learned counsel for the appellant and the
learned counsel for the second respondent and I have perused the
materials on record.
8. The learned counsel appearing for the appellant/
claimant submitted that the claimant was a vegetable vendor and was
earning a sum of Rs.10,000/- per month, however, the Tribunal has
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CMA No.2461 of 2014
fixed only a sum of Rs.3,000/- as monthly income and awarded a sum
of Rs.6000/- towards " Loss of income " for only two months. He
further submitted that the claimant has sustained severe head injuries
and she was treated as inpatient from 23.1.2002 to 4.2.2002 and
thereafter also has taken treatment as out patient for a long time, but,
without considering the above facts, the Tribunal has awarded a very
meagre amount of Rs.5,000/- towards pain and sufferings and not
awarded any amount towards " Permanent disability" and " Future
medical bills". He also submitted that the compensation awarded under
the other heads also very meagre and therefore, he prayed for
enhancement of compensation.
9. The learned counsel appearing for the respondent/
insurance company submitted that after analysing the evidence on
record and the medical reports, the Tribunal has awarded a just and
reasonable compensation and therefore, the award passed by the
Tribunal does not warrant any interference by this court.
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CMA No.2461 of 2014
10. Now the points for determination is
(i) Whether the compensation awarded by the
Tribunal has to be enhanced.?
11. Point No.1:
The claimant has stated in the claim petition that she was a
vegetable vendor and was earning a sum of Rs.10,000/- per month.
However, there is no proof of income. Therefore, by considering the
age of the claimant and the year of accident, the Tribunal has fixed the
monthly income of the deceased as Rs.3,000/- and awarded Rs.6,000/-
towards " loss of income" for two months. The Tribunal has also
awarded Rs.5,000/- towards " Transportation charges" and Rs.38,896/-
towards " Medical Bills", as per bill. This court do not find any fault on
the compensation awarded under the above said heads. Besides, a sum
of Rs.5,000/- towards " Mental Agony" and a sum of Rs.30,000/-
towards " Loss of earning power" was also awarded as compensation.
In addition to that as per Ex.P71 disability certificate, the disability
suffered by the claimant was fixed at 50% and by awarding Rs.1,000/-
per percentage, granted a sum of Rs.50,000/- towards " Disability". The
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CMA No.2461 of 2014
Tribunal has given cogent reasons and to award such compensation and
there is no error on it. However, the Tribunal has awarded only a sum
of Rs.1,000/- towards " Extra Nourishment" and Rs.5,000/- towards
" Pain sufferings ". It is not the disputed fact that the claimant has
sustained head injuries. Therefore, by considering the nature of the
injuries and the facts and circumstances of the case, this court is
inclined to award a sum of Rs.5,000/- towards " Extra Nourishment"
and a sum of Rs.20,000/- towards " Pain and sufferings". Accordingly,
the modified compensation awarded by this court under various are
extracted hereunder.
Sl.No Heads Compensation Compensation
Awarded by the enhanced by this
Tribunal court
1 Loss of income (3000x2) 6,000 6,000
2 Transportation charges 5,000 5,000
3 Extra nourishment 1,000 5,000
4 Medical expenses 38,896 38,896
5 Mental agony 5,000 5,000
6 Pain and sufferings 5,000 20,000
7 Disability 50 x 1000 50,000 50,000
8 Loss of earning power 30,000 30,000
Total 1,40,896 1,59,896
Rounded off to 1,41,000 1,60,000
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CMA No.2461 of 2014
This amount shall carry interest at the rate of 7.5% per annum from the
date of claim petition till the date of deposit.
12. In the Award, the Tribunal has decided that as per the
First Information Report, the fault on the driver of the container lorry is
the cause of accident. The Tribunal has directed the insurance company
to deposit the compensation amount and also given liberty to them to
recover the award amount from the owner of the vehicle. The above
said decision rendered by the Tribunal does not warrant any
interference by this court. Accordingly, the point is answered
13. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed and
the award passed by the Tribunal is enhanced from 1,41,000/- to
Rs.1,60,000/-. No costs.
(ii) The second respondent/insurance company is directed
to deposit the enhanced compensation of Rs.1,60,000/- with interest at
the rate of 7.5.% p.a. from the date of claim petition till the date of
deposit, less the amount if already deposited, within a period of six
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CMA No.2461 of 2014
weeks from the date of receipt of a copy of this order. The insurance
company is at liberty to recover the above said compensation amount
from the owner of the vehicle.
(iii) On such deposit being made by the insurance
company, the claimant is entitled to withdraw the same, after following
due process of law.
18.02.2021
Index:Yes/No
Internet:Yes/No
Speaking/non Speaking order
mst
To
The Oriental Insurance Company Ltd.,
No.7, Esplanade, Chennai-8.
https://www.mhc.tn.gov.in/judis/
CMA No.2461 of 2014
D. KRISHNAKUMAR, J.
mst
CMA. No.2461 of 2014
18.02.2021
https://www.mhc.tn.gov.in/judis/
