Madras High Court
Gokul vs K.Chitra on 24 February, 2021
C.M.A.No.329 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.02.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.329 of 2021
Gokul .. Appellant
Vs.
1.K.Chitra
(Notice to R1 is dispensed with for the time
being and separate petition has been filed
for the same)
2.The United India Insurance Company Limited
Represented by its Manager, 595, B2/B3
SRS Towers, Mettur Main Road
Bhavani-638 301. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the judgment and decree dated 05.10.2018
made in M.C.O.P.No.518 of 2016 on the file of Motor Accident Claims
Tribunal, IV Additional District Court, Erode at Bhavani.
For Appellant : Mr.C.Kulanthaivel
For R2 : Mrs.I.Malar
1/9
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C.M.A.No.329 of 2021
JUDGMENT
The Civil Miscellaneous Appeal is filed for enhancement of
compensation granted by the Tribunal in the award dated 05.10.2018 made in
M.C.O.P.No.518 of 2016 on the file of Motor Accident Claims Tribunal, IV
Additional District Court, Erode at Bhavani.
2.The appellant is claimant in M.C.O.P.No.518 of 2016 on the file of
Motor Accident Claims Tribunal, IV Additional District Court, Erode at
Bhavani. He filed the said claim petition claiming a sum of Rs.3,00,000/- as
compensation for the injuries sustained by him in the accident that took place
on 18.06.2016.
3.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent riding by
the 1st respondent, the rider-cum-owner of the Scooty and directed the 2nd
respondent/Insurance Company being insurer of the said Scooty to pay a sum
of Rs.1,61,550/- as compensation to the appellant at the first instance and
recover the same from the 1st respondent, owner-cum-rider of the Scooty as
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C.M.A.No.329 of 2021
she did not possess valid driving license to ride the vehicle at the time of
accident.
4.Not being satisfied with the amounts awarded by the Tribunal, the
appellant has come out with the present appeal seeking enhancement of
compensation.
5.The learned counsel appearing for the appellant contended that in
the accident, the appellant suffered fracture of right temporal bone,
haemorrhagic contusion in left frontal lobe and abrasion on right knee. The
appellant has taken treatment as in-patient in Ortho Life Hospital, Erode,
from 18.06.2016 to 25.06.2016. The Medical Board after examining the
appellant, fixed the disability of the appellant as 20%. Due to the injuries,
the appellant could not do the work as he was doing earlier. The appellant
suffered functional disability and the Tribunal ought to have adopted
multiplier method and awarded compensation towards loss of earning
capacity. The appellant was working as a carpenter and was earning a sum of
Rs.15,000/- per month at the time of accident. The Tribunal failed to fix the
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C.M.A.No.329 of 2021
monthly income of the appellant and awarded only a sum of Rs.30,000/-
towards loss of income, which is meagre. The Tribunal has not awarded any
amount towards attendant charges, damage to clothes and loss of amenities.
The amounts awarded by the Tribunal under different heads are meagre and
prayed for enhancement of compensation.
6.Per contra, the learned counsel appearing for the 2nd
respondent/Insurance Company contended that the appellant has not proved
that he suffered functional disability and lost his earning capacity. Therefore,
he is not entitled to any compensation by adopting multiplier method. The
Tribunal after considering the materials available on record, has awarded
compensation under different heads, which are not meagre. The appellant has
not made out any case for enhancement of compensation and prayed for
dismissal of the appeal.
7.Heard through “Video-conferencing” the learned counsel appearing
for the appellant as well as the learned counsel appearing for the 2nd
respondent/Insurance Company and perused the entire materials on record.
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C.M.A.No.329 of 2021
8.It is the case of the appellant that in the accident, he suffered
fracture of right temporal bone, haemorrhagic contusion in left frontal lobe
and abrasion on right knee. The Medical Board after examining the appellant,
fixed the disability of the appellant as 20%. The Tribunal fixed the disability
at 20% as certified by the Medical Board and awarded a sum of Rs.60,000/-
(Rs.3,000/- X 20%) towards disability by awarding a sum of 3,000/- per
percentage of disability. The appellant has not produced any document to
prove that he suffered functional disability and lost his earning capacity.
Hence, he is not entitled to any compensation by adopting multiplier method.
The accident is of the year 2016 and the amount awarded by the Tribunal per
percentage of disability 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 rise in cost of
living. In the present case, the accident is of the year 2016. In view of the
same, a sum of Rs.5,000/- is awarded per percentage of disability. Thus, the
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C.M.A.No.329 of 2021
compensation awarded by the Tribunal towards disability is modified to
Rs.1,00,000/- (Rs.5,000/- X 20%).
8(i) The appellant has taken treatment as in-patient in Ortho Life
Hospital, Erode, from 18.06.2016 to 25.06.2016. The Tribunal has not
awarded any compensation towards attendant charges and damage to clothes
and articles. Considering the period of treatment taken by the appellant,
Rs.15,000/- and Rs.3,000/- are awarded towards attendant charges and
damage to clothes and articles respectively. A sum of Rs.10,000/- awarded by
the Tribunal towards extra nourishment is meagre and hence, the same is
hereby enhanced to Rs.15,000/-.
8(ii) The appellant has contended that he was working as a carpenter
and was earning a sum of Rs.15,000/- per month at the time of accident. The
appellant failed to substantiate the said contention. The Tribunal awarded a
sum of Rs.30,000/- towards loss of income during treatment period. The
accident is of the year 2016 and hence, a sum of Rs.14,000/- per month is
fixed as notional income of the appellant. Due to the injuries, the appellant
would not have attended the work atleast for a period of three months. Thus,
the compensation awarded by the Tribunal towards loss of income is
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C.M.A.No.329 of 2021
modified to Rs.42,000/- (Rs.14,000/- X 3). The amounts awarded by the
Tribunal under all other heads are just and reasonable and hence, the same are
hereby confirmed. Thus, the compensation awarded by the Tribunal is
modified as follows:
S.No Description Amount awarded Amount Award
by Tribunal awarded by confirmed or
(Rs) this Court enhanced or
(Rs) granted or
reduced
1. Loss of income 30,000 42,000 Enhanced
during
treatment
period
2. Pain and 30,000 30,000 Confirmed
suffering
3. Disability 60,000 1,00,000 Enhanced
4. Medical bills 21,550 21,550 Confirmed
5. Extra 10,000 15,000 Enhanced
nourishment
6. Transportation 10,000 10,000 Confirmed
7. Attendant - 15,000 Granted
charges
8. Damage to - 3,000 Granted
clothes and
articles
Total 1,61,550 2,36,550 Enhanced by
Rs.75,000/-
9.In the result, this Civil Miscellaneous Appeal is partly allowed and
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C.M.A.No.329 of 2021
the compensation awarded by the Tribunal at Rs.1,61,550/- is hereby
enhanced to Rs.2,36,550/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. The 2nd
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 at the first instance and recover the same from the
1st respondent. 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. No costs.
24.02.2021
Index : Yes / No
Internet : Yes/ No
kj
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C.M.A.No.329 of 2021
V.M.VELUMANI, J.,
kj
To
1.IV Additional District Judge
Motor Accident Claims Tribunal
Erode at Bhavani.
2.The Section Officer
V.R.Section
High Court, Chennai.
C.M.A.No.329 of 2021
24.02.2021
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