Madras High Court
Karuppusamy (Died) vs Gowri on 25 February, 2021
C.M.A.No.2411 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR
C.M.A.No.2411 of 2014
Karuppusamy (Died)
2.Rangammal
3.K.Selvakumar
4.K.Baskaran
5.K.Logeswaran
[Appellants 2 to 5 brought on record as LR's
of the deceased sole appellant viz., Karuppusamy
vide order of Court dated 22.09.2020 made in
CMA.No.20790 to 20792 of 2016 in
CMA.No.2411 of 2014 (AQJ)] ..Appellants
Versus
1.Gowri
2.The New India Assurance Company Limited,
Rep, by its Branch Manager, Amman Complex,
Mettur Road, Erode District. ..Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, to set aside the award and judgment dated 11.06.2013 made in
M.C.O.P.No.136 of 2012 on the file of the Court of the Motor Accidents Claims
Tribunal, Sub Court, Gobichettipalayam, Erode District and enhance the
compensation from Rs.1,55,060/- to Rs.4,00,000/- and pass any other relief or
relief's that may be appropriated in the present circumstances of the case.
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C.M.A.No.2411 of 2014
For Appellant : Mr.V.P.Karthikeyan
For Respondents : Ms.R.Sreevidhya [for R2]
R1 – notice served
*****
JUDGMENT
The Appellants/claimants have filed this appeal against the award and
judgment dated 11.06.2013 made in M.C.O.P.No.136 of 2012 on the file of the
Motor Vehicle Accidents Claims Tribunal, Sub Court, Gobichettipalayam,
Erode District.
2. The case of the appellants/claimants are as follows:
The claimant was a mason and also an agriculturist. On 29.01.2012 after
finishing the construction work at about 4.00 p.m., the claimant was proceeding
in his bicycle on Gobichettipalayam to Coimbatore main road from north
towards south on the extreme left side of the road at a moderate speed. When
the claimant came near one Nataraj's house at Palanigoundenpalayam, the Alto
car bearing Reg.No.TN-38-AC-6606 which came behind the claimant in a rash
and negligent manner at a high speed, without blowing the horn in the same
direction dashed against the claimant from behind and caused the accident. Due
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C.M.A.No.2411 of 2014
to the impact, the claimant was thrown away along with his bicycle and he
sustained grievous injuries. Immediately after the accident, he was given first
aid and later shifted to SG Met hospital, Erode for further treatment. Even after
discharge from the hospital, the claimant was still undergoing treatment as an
outpatient. Due to the said accident the claimant had sustained abrasion over
right forehead, abrasions and a lacerated wound over his right temporal region,
a contusion over his left temporal region, abrasion over the right hand dorsam
and over his left upper arm. Due to the injuries sustained in the accident the
claimant was unable to do both masonary work and agriculture. From the above
two sources, claimant was earning Rs.25,000/- per month. Since the claimant
suffered permanent disability, he was unable to carry on his avocation as he was
doing before. Hence, the claimant filed a claim petition seeking compensation
of a sum of Rs.10,00,000/- for the injuries sustained by him in the accident.
3. Resisting the claim made by the deceased appellant/claimant, the 2 nd
respondent / Insurance company had filed a detailed counter statement inter
alia stating that the accident did not occur in the manner as projected by the
deceased appellant/claimant. They had also denied the age, occupation and
monthly income of the claimant. Thus, they prayed for dismissal of the claim
petition.
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C.M.A.No.2411 of 2014
4. Before the Tribunal, to prove his case, the claimant examined himself
as P.W.1 and 12 documents were marked as Exs.P1 to P12. On the side of the
2nd respondent/Insurance Company, none were examined and no exhibits were
marked.
5. On appreciation of materials, the Tribunal arrived at a finding that the
accident had occurred due to the rash and negligent driving of the driver of the
Alto car bearing Registration No.TN-36-AC-6606 and held that the 2nd
respondent / Insurance Company, as insurer of the said vehicle, is liable to pay
compensation. The break-up details are as follows:
Sl. Compensation awarded under the Amount
No. head (in Rs.)
1. Loss of earning 18,000.00
2. Transport 5,000.00
3. Medical Expenses 88,063.00
4. Extra nourishment 9,000.00
5. Mental agony and shock 5,000.00
6. Pain and Sufferings 30,000.00
TOTAL 1,55,063.00
6. Heard the learned counsel for 2nd respondent / Insurance Company
and the learned counsel appearing for appellants.
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C.M.A.No.2411 of 2014
7. According to the learned counsel for the appellants, the claimant
sustained injury due to the rash and negligent driving on the part of the
offending vehicle of the 1st respondent and due to the injury, he was admitted in
the hospital and produced various documents before the Tribunal and claimed
compensation of Rs.10,00,000/-. Without appreciating the case of the claimant,
the Tribunal has simply rejected the claim of the claimant that he is not entitled
to compensation for disability and has not taken note of the medical bills that
were produced by the deceased appellant/claimant in the aforesaid claim
petition. Therefore, on these grounds the claimant has preferred this appeal.
8. Learned counsel for the 2nd respondent/Insurance Company would
submit that the claimant has not produced documents for the disability and
pending appeal, the injured claimant has died and in the present appeal, the
legal heirs of the deceased claimant have been made as parties.
9. Learned counsel for the appellants seeks enhancement of
compensation under other heads namely the medical expenses incurred by the
deceased claimant due to the accident.
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C.M.A.No.2411 of 2014
10. This Court has perused the original records and from the said records
it is found that Ex.P.8 was marked before the Tribunal and the Tribunal has not
awarded any amount for the said medical bills. The appellants are entitled to a
sum of Rs.11,740/- towards medical expenses under Ex.P.8 rounded off to
Rs.12,000/-.
11. Accordingly, the appellants are entitled to the compensation of
Rs.1,67,063/- rounded off to Rs.1,67,000/- including the additional medical
bills. The 2nd respondent/Insurance Company has deposited entire compensation
amount before the Tribunal and undertakes to pay the enhanced compensation
amount within a period of four weeks from the date of receipt of a copy of this
order.
12. In the result, this Civil Miscellaneous Petition is partly allowed. The
appellant Insurance Company shall deposit the modified compensation amount,
as awarded by this Court along with interest at the rate of 7.5% per annum from
the date of petition till the date of deposit, less the amount already deposited, if
any, within a period of six weeks from the date of receipt of a copy of this
judgment. On such deposit being made, the appellants/claimants are permitted
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C.M.A.No.2411 of 2014
to withdraw the modified amount by filing appropriate application before the
tribunal. No costs.
25.02.2021
bri
Index:Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
To
1.The Motor Vehicle Accidents Claims Tribunal,
Sub Court, Gobichettipalayam,
Erode District.
2.The Section Officer,
V.R.Section, High Court, Madras.
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C.M.A.No.2411 of 2014
D. KRISHNAKUMAR, J.
bri
C.M.A.No.2411 of 2014
25.02.2021
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