Madras High Court
Dhayalan vs Ramachandran on 19 February, 2021
CMA No.2278 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 19.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
CMA.No.2278 of 2012
Dhayalan ... Appellant/Claimant
Vs.
1. Ramachandran
2. The Branch Manager,
The Oriental Insurance Co. Ltd.,
No.75, Krishnan Street,
Thiruvannamalai Town and Dist.
... Respondents/ Respondents
Prayer: Civil Miscellaneous Appeal has been filed under Section
173 of the Motor Vehicles Act, 1988, against the decree and judgment
23.12.2011 passed in MCOP No.85 of 2010 by the Additional
Subordinate Judge, Motor Accident Claims Tribunal, Thiruvannamalai.
For Appellant : Ms. Subadra
for M/s M.Malar
For respondents : Mr.S.Krishnamoorty (for R2)
No appearance for R1
Page 1 of 9
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CMA No.2278 of 2012
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 him in a road accident that took place on 08.01.2009.
3. The brief case of the claimant is as follows: On
08.01.2009 at about 1.00 p.m, the claimant riding his two wheeler
bearing registration No.TN-25-C2325 from his house towards his rice
shop at Kamatchi Ammal Koil, Thiruvannamalai and while nearing
Thirumanjana Gopura Veedhi opposite to the Veterinary Hospital,
Thiruvannamalai Town, a speedy Hero Honda bearing registration No.
TN-32-D-5068 hit the motorcycle ridden by the claimant, thereby he
sustained injuries. According to the claimant, the rash and negligent
riding of the rider of the Hero Honda was the cause of accident, and
since the first respondent insured his vehicle with the second
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CMA No.2278 of 2012
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, the claimant and one Dr.Raveendran
were examined as PW1 and PW2 respectively and Ex.P1 to Ex.P7 were
marked. On the side of the second respondent, two witnesses were
examined as RW1 and RW2 and Ex.R1 to Ex.R5 were marked.
6. After analysing the evidence on record, the Tribunal has
awarded a sum of Rs.1,41,300/- as compensation to the claimant under
various heads as extracted hereunder.
Sl No Heads Amount in Rs.
1 Partial permanent disability 80,000
40 x 2000
2 Loss of income for one month 3,000
3 Transportation charges 3,000
4 Extra Nourishment 3,000
5 Attender's charges 3,000
6 Medical bills 39,300
7 Pain and sufferings 10,000
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CMA No.2278 of 2012
Sl No Heads Amount in Rs.
Total 1,41,300
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 is doing rice business and was earning a
sum of Rs.6,000/- per month, however, the Tribunal has fixed only a
sum of Rs.3,000/- as monthly income and awarded a sum of Rs.3000/-
towards " Loss of income " for only one month. He further submitted
that the claimant has sustained fracture on his left Tibia and also
sustained injuries all over his body and has taken treatment in the
Government Hospital, Thiruvannamalai and subsequently in the CMC
Hospital Vellore and also in the private hospitals, but, without
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CMA No.2278 of 2012
considering the above facts, the Tribunal has awarded a very meagre
amount of Rs.10,000/- towards " Pain and sufferings" and not awarded
any amount towards " Mental agony ", " Future medical bills" and
" Loss of amenities". 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.
10. Now the points for determination is
(i) Whether the compensation awarded by the
Tribunal has to be enhanced.?
11. Point No.1:
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CMA No.2278 of 2012
The claimant has stated in the claim petition that he was
doing rice business and was earning a sum of Rs.6,000/- per month and
inview of the disablement suffered by the claimant in the accident, he is
not able to do work as done earlier. However, there is no proof of
income. Therefore, by considering the age of the claimant and the year
of accident, monthly income of the claimant is fixed at Rs.4,000/- and
awarded a sum of Rs.12,000/- towards " Loss of income during
treatment period" for three months. The Tribunal has awarded a sum of
Rs.3,000/- each towards " Transportation charges", " Extra
Nourishment" and " Attender Charges". Considering the nature of the
injuries and the fracture sustained by the claimant, the same are
enhanced to Rs.5,000/- each and Rs.4,000/- respectively. Besides, the
Tribunal has awarded a sum of Rs.10,000/- towards " Pain and
sufferings", which is very meagre and is enhanced to Rs.15,000/-. The
Tribunal has not awarded any amounts towards " Loss of Amenities"
and hence, a sum of Rs.10,000/- is awarded under the above said head.
In so far as the amount awarded under the heads " Medical Bills" and
" Permanent disability " is concerned, this court is of the view that it
does not warrant any interference by this court. Accordingly, the
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CMA No.2278 of 2012
modified compensation awarded by this court under various are
extracted hereunder.
Sl.N Heads Compensation Compensation
o Awarded by the enhanced/ Awarded
Tribunal by this court
1 Partial permanent disability 80,000 80,000
(40 x 2000)
2 Loss of income during the 3,000 12,000
treatment period for three (4000x3)
months
3 Transportation charges 3,000 5,000
4 Extra Nourishment 3,000 5,000
5 Attender's charges 3,000 4,000
6 Medical bills 39,300 39,300
7 Pain and sufferings 10,000 15,000
Loss of amenities - 10,000
Total 1,41,300 1,70,300
This amount shall carry interest at the rate of 7.5% per annum from the
date of claim petition till the date of deposit.
13. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed and
the award passed by the Tribunal is enhanced from 1,41,300/- to
Rs.1,70,300/-. No costs.
(ii) The second respondent/insurance company is directed
to deposit the enhanced compensation of Rs.1,70,300/- with interest at
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CMA No.2278 of 2012
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 eight
weeks from the date of receipt of a copy of this order.
(iii) On such deposit being made by the insurance
company, the claimant is entitled to withdraw the same, after following
due process of law.
19.02.2021
Index:Yes/No
Internet:Yes/No
Speaking/non Speaking order
mst
To
The Branch Manager,
The Oriental Insurance Co. Ltd.,
No.75, Krishnan Street,
Thiruvannamalai Town and Dist.
http://www.judis.nic.in
CMA No.2278 of 2012
D. KRISHNAKUMAR, J.
mst
CMA. No.2278 of 2012
19.02.2021
http://www.judis.nic.in
