Madras High Court
Tamilmaran vs Saran Kumar on 23 February, 2021
C.M.A.No.1643 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.02.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.1643 of 2020
Tamilmaran .. Appellant
Vs.
1.Saran Kumar
2.Branch Manager,
Reliance General Insurance Company Limited,
No.89, 100 Feet Road, Vivyan Plaza,
Ground Floor, Mudaliarpet,
Pondicherry Town,
Pondicherry District and State. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
13.03.2020 made in M.C.O.P.No.155 of 2017 on the file of the Motor
Accident Claims Tribunal, Sub Court, Nagapattinam.
For Appellant : Mr.M.Balasubramanian
For R1 : No appearance
For R2 : Mrs.C.Harini
for Mr.M.B.Raghavan
JUDGMENT
This Civil Miscellaneous Appeal has been filed for enhancement of
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C.M.A.No.1643 of 2020
compensation granted by the award dated 13.03.2020 made in
M.C.O.P.No.155 of 2017 on the file of the Motor Accident Claims Tribunal,
Sub Court, Nagapattinam.
2.The appellant is the claimant in M.C.O.P.No.155 of 2017 on the file
of the Motor Accident Claims Tribunal, Sub Court, Nagapattinam. He filed
the above said claim petition, claiming a sum of Rs.20,00,000/- as
compensation for the injuries sustained by him in the accident that took place
on 25.02.2017.
3.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent riding by
the rider of the motorcycle bearing Registration No.PY 02 Q 1815 belonging
to the 1st respondent and directed the 2nd respondent-Insurance Company to
pay a sum of Rs.3,34,682/- as compensation to the appellant.
4.Not being satisfied with the amounts awarded by the Tribunal, the
appellant has come out with the present appeal seeking enhancement of
compensation.
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C.M.A.No.1643 of 2020
5.The learned counsel appearing for the appellant contended that in the
accident the appellant sustained grievous head injury, right and left leg injury,
left eye injury and entire body fracture. The Medical Board from
Nagapattinam Government Hospital examined the appellant and certified that
appellant suffered 40% disability and issued Ex.X1/disability certificate to
that effect. The Tribunal has awarded only a meagre sum of Rs.3,000/- per
percentage of disability. The appellant was running Provisional Stores and
was earning a sum of Rs.20,000/- per month at the time of accident. To prove
the same, the appellant produced Ex.P16/copy of permit license. The Tribunal
did not accept Ex.P16 and fixed only a meagre sum of Rs.7,500/- per month
as notional income of the appellant and awarded compensation towards loss
of income only for two months. The Tribunal ought not to have fixed the
notional income suo motto by arbitrary imagination and the compensation
awarded by the Tribunal towards loss of income is meagre. The amounts
awarded by the Tribunal towards pain and sufferings, transportation,
attendant charges and extra nourishment are also meagre. The Tribunal has
not awarded any amount towards loss of amenities and damages to clothes
and prayed for enhancement of compensation.
6.Though notice has been served on the 1st respondent and his name is
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C.M.A.No.1643 of 2020
printed in the cause list, there is no representation for him, either in person or
through counsel.
7.Per contra, the learned counsel appearing for the 2nd respondent-
Insurance Company contended that the Tribunal accepted the disability
certificate issued by the Medical Board from Nagapattinam Government
Hospital and awarded a sum of Rs.1,20,000/- for 40% disability at the rate of
Rs.3,000/- per percentage of disability and the same is not meagre. The
Tribunal rejected Ex.P16/copy of permit license on the ground that Ex.P16
was obtained from the Tamil Nadu Food Department by paying a sum of
Rs.2,000/- on 10.01.2020, i.e., one month prior to examining the appellant.
Hence, the appellant is not entitled to compensation towards loss of income
by fixing a sum of Rs.15,000/- per month as notional income as claimed by
him. The amounts awarded by the Tribunal under different heads are not
meagre. The Tribunal considering the entire materials on record, has awarded
a sum of Rs.3,34,682/- as compensation to the appellant and the same is not
meagre. The appellant has not made out any case for enhancement of
compensation and prayed for dismissal of the appeal.
8.Heard the learned counsel appearing for the appellant as well as the
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C.M.A.No.1643 of 2020
learned counsel appearing for the 2nd respondent-Insurance Company and
perused the entire materials on record.
9.It is the case of the appellant that in the accident he sustained
grievous head injury, right and left leg injury, left eye injury and entire body
fracture. The Medical Board from Nagapattinam Government Hospital
examined the appellant and certified that appellant suffered 40% disability
and issued Ex.X1/disability certificate to that effect. The Tribunal accepted
the disability certificate issued by the Medical Board from Nagapattinam
Government Hospital and awarded a sum of Rs.1,20,000/- for 40% disability
at the rate of Rs.3,000/- per percentage of disability. The accident is of the
year 2017 and a sum of Rs.3,000/- per percentage of disability awarded by the
Tribunal is meagre. This Court by the judgment reported in 2020 (1) TN
MAC 617 [M. Chinnathambi Vs. S.Deepa and another], fixed a sum of
Rs.4,000/- per percentage of disability for the accident occurred in the year
2014 & 2015 and a sum of Rs.5,000/- per percentage of disability for the
accident occurred from the year 2016 onwards, due to raise in cost of living.
In the present case, the accident is of the year 2017. In view of the same, a
sum of Rs.5,000/- is awarded per percentage of disability. Thus, the
compensation awarded by the Tribunal towards disability is modified to
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C.M.A.No.1643 of 2020
Rs.2,00,000/- (Rs.5,000/- X 40% of disability).
10.It is the contention of the appellant that he was running Provisional
Stores and was earning a sum of Rs.20,000/- per month at the time of
accident. To prove the same, the appellant produced Ex.P16/copy of permit
license. The Tribunal rejected Ex.P16/copy of permit license on the ground
that Ex.P16/cash receipt was obtained from the Tamil Nadu Food Department
by paying a sum of Rs.2,000/- on 10.01.2020, i.e., one month prior to
examining the appellant. The reason given by the Tribunal for rejecting
Ex.P16 is proper but the monthly income of the appellant fixed by the
Tribunal at Rs.7,500/- is not proper. The accident occurred in the year 2017.
The cost of living has increased enormously and salary of even unskilled
workers has increased substantially. Hence, a sum of Rs.15,000/- per month is
fixed as notional income of the appellant. Due to the injuries and disability,
the appellant would not have attended his work atleast for a period of three
months. Thus, the compensation awarded by the Tribunal towards loss of
income is modified to Rs.45,000/- (Rs.15,000/- X 3 months). Considering the
nature of injuries and period of treatment taken by the appellant, the amounts
awarded by the Tribunal towards transportation, extra nourishment, pain and
sufferings and attendant charges are meagre and the same are enhanced to
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C.M.A.No.1643 of 2020
Rs.20,000/-, Rs.25,000/-, Rs.30,000/- and Rs.20,000/- respectively. The
Tribunal has not awarded any amount towards loss of amenities and damages
to clothes. Due to the injuries and disability, the appellant would have
suffered inconvenience and would be facing discomfort in his life. Hence, the
appellant is entitled to a sum of Rs.20,000/- towards loss of amenities. The
appellant is entitled to a sum of Rs.3,000/- towards damages to clothes. The
amount awarded by the Tribunal towards medical expenses is just and
reasonable and hence, the same is hereby confirmed. Thus, the compensation
awarded by the Tribunal is modified as follows:
S. Description Amount Amount awarded Award
No awarded by by this Court confirmed or
Tribunal (Rs) enhanced or
(Rs) granted
1. Disability 1,20,000/- 2,00,000/- Enhanced
2. Pain and sufferings 20,000/- 30,000/- Enhanced
3. Loss of income 15,000/- 45,000/- Enhanced
4. Extra nourishment 10,000/- 25,000/- Enhanced
5. Medical expenses 1,52,682/- 1,52,682/- Confirmed
6. Transportation 10,000/- 20,000/- Enhanced
7. Attendant charges 6,000/- 20,000/- Enhanced
8. Loss of amenities - 20,000/- Granted
9. Damages to clothes - 3,000/- Granted
Total Rs.3,33,682/- Rs.5,15,682/- Enhanced by
Rs.1,81,000/-
- (Rs.5,15,682/-
Tribunal arrived at Rs.3,34,682/ -
Rs.3,34,682/-)
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C.M.A.No.1643 of 2020
11.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.3,34,682/- is hereby
enhanced to Rs.5,15,682/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. The 2 nd respondent-
Insurance Company is directed to deposit the award amount now determined
by this Court along with interest and costs, less the amount already deposited,
if any, within a period of six weeks from the date of receipt of a copy of this
judgment, to the credit of M.C.O.P.No.155 of 2017 on the file of the Motor
Accident Claims Tribunal, Sub Court, Nagapattinam. On such deposit, the
appellant is permitted to withdraw the award amount now determined by this
Court, along with interest and costs, less the amount if any, already
withdrawn by making necessary applications before the Tribunal. The
appellant is directed to pay the necessary Court fee as per the order of this
Court dated 16.10.2020 made in C.M.P.No.11669 of 2020 in
C.M.A.No.SR.67568 of 2020. No costs.
23.02.2021
krk
Index : Yes / No
Internet : Yes / No
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C.M.A.No.1643 of 2020
To
1.The Subordinate Judge,
Motor Accident Claims Tribunal,
Nagapattinam.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.1643 of 2020
V.M.VELUMANI, J.
krk
C.M.A.No.1643 of 2020
23.02.2021
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