Madras High Court
T.Periyasamy vs S.Marappan on 25 February, 2021
C.M.A.No.450 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.02.2021
CORAM:
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR
CMA.No.450 of 2011
T.Periyasamy ... Appellant
..Vs..
1.S.Marappan
S/o.Chellappa Gounder
2.United India Insurance Co. Ltd.,
Branch Office,
146, N.KUmar Complex,
Tiruchengode-637211 ...Respondents
Appeal filed under Section 173 of the Motor Vehicles Act, 1988,
against the Judgment and decree dated 08.12.2009 made in
M.C.O.P.No.81 of 2007 on the file of Principal Sub Judge, (Motor
Accidents Claims Tribunal), Salem.
For Appellant : Mr. Syed Sibghatulla
For Respondent No.2 : Ms.I.Malar
Respondent No.1 : Notice served
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C.M.A.No.450 of 2011
JUDGMENT
Dissatisfied with the judgment and decree, dated 08.12.2009 in
MCOP.No. 81 of 2007 passed by the tribunal awarding compensation of
Rs.1,44,190/- along with interest at the rate of 7.5% per annum, the
claimant are before this Court for enhancement of compensation.
2. It is the case of the claimant/appellant herein that on
23.1.2006 the claimant was on duty in bus bearing registration
No.TN29/N 1641 which was plying between Salem and Bangalore. When
the bus was reached near Paiyur, on Krishnagiri Dharmapuri Road, at
06.15 pm, a bus came from Krishnagiri to Dharmapuri bearing
Reg.No.TN30-F-9396 driven by its driver in a rash and negligent matter,
without following traffic rules , dashed against the claimant's bus. Due
to this accident, the claimant sustained severe and multiple fractures in
his both legs and abrasions. Hence, for the injuries sustained by him, he
filed a claim petition, claiming compensation of Rs.10,00,000/-. The
tribunal based on the evidence and documents, has awarded a sum of
Rs.1,44,190/- as compensation payable by the 2nd respondent.
Challenging the said compensation, the claimant is before this Court for
enhancement.
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C.M.A.No.450 of 2011
3. On the side of the claimants, two witnesses P.W.1 & P.W.2
were examined and thirteen documents Ex.P1 to P13 were marked. On
the side of the respondents, no witnesses were examined and no
documents were marked.
4. The learned counsel appearing for the appellants submitted that
the tribunal has accepted the disability at 35% assessed by the
doctor/PW2 as awarded only a sum of Rs.35,000/- by fixing Rs.1000/-
per percentage, which is very meagre. Further the tribunal has wrongly
calculated the compensation for Medical Bills as Rs.62,250/- instead of
65,250/-. The learned counsel for the appellant submitted that due to
the said accident, the appellant is not able to climb the stairs or stand
continuously and sit on the floor and is not able to do his job as before
the accident. The tribunal has not considered the said aspect and not
awarded any amount towards loss of earning capacity. The compensation
awarded under other heads are also in adequate, hence seeks
enhancement of compensation.
5. The learned counsel appearing for the 2nd respondent/Insurance
Company objected for enhancement of compensation and submitted that
based on the evidence and documents, the tribunal has awarded
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C.M.A.No.450 of 2011
compensation to the claimants, which is fair and reasonable and does
not require any modification by this Court.
6. Heard the learned counsel appearing for the appellants, the
learned counsel appearing for the 2nd respondent/Insurance Company
and perused the materials available on record.
7. From a perusal of the documents , PW2/Doctor who assessed
the disabilities of the claimant has stated that he sustained bone fracture
in the said accident, due to which , he cannot sit or stand properly and
he cannot drive vehicles as before. The claimant has also under gone
two surgeries for the fracture in his leg. The X-ray taken by the doctor
was marked as Ex.P12. The doctor assessed the disability at 35%, the
disability certificate issued by the doctor was marked as Ex.P10. It is
clear that the appellant had sustained severe fracture injuries, hence, it
would be proper to enhance the compensation under the head
permanent disability, enhancing Rs.2000/- per percentage. Accordingly,
for 35% disability, a sum of Rs.70,000/- is granted under the said head.
8. It is contended by the learned counsel for the appellant that the
appellant had marked Ex.P9/Medical Bills for Rs.51,750 & Ex.P13
/Medical Bill for Rs.13,500/- .The tribunal has accepted the said bills and
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C.M.A.No.450 of 2011
granted a sum of Rs.62,250/- instead of 65,250/- towards Medical Bills.
Though it is wrongly mentioned in the discussion paragraph, while
calculating the total compensation, the tribunal has rightly taken a sum
Rs.65,250/- as claimed by the appellant herein. This Court also confirms
the said amount under the head 'Medial Bills'. The tribunal has observed
that in view of the injuries and treatment taken by the
claimant/appellant as inpatient for the surgeries undergone by him, after
deducting the Medical Leave availed from the department, he could have
suffered loss of income at least for three months. Hence by considering
the net income from the salary certificate of the year 2006 which shows
Rs.7647/-, the tribunal has calculated the loss of income for three
months, which comes to Rs.22,941/-. According to this Court, the said
compensation is fair and reasonable. Considering the injuries and the
period of treatment, this Court is inclined to enhance the compensation
for 'Pain and Suffering' from Rs.15,000/- to Rs.20,000/- and also grants
compensation under the heads 'Loss of Amenities' at Rs.10,000/- and for
Attendant Charges at Rs. 10,000/-. The sum awarded under the heads
Transport expenses and Extra nourishment are confirmed.
9. Thus the award of the tribunal is modified by this Court as
follows:
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C.M.A.No.450 of 2011
Heads Compensation Compensation
awarded by the modified by this
tribunal Court
Rs. Rs.
Permanent Disability 35,000 70,000/-
(2000 x 35)
Pain and Suffering 15,000 20,000
Attendant Charges .. 10,000
Loss of Amenities .. 10,000
Loss of Income for 22,941/- 22,941
three months
Medial Bills 65,250/- 65,250
Extra Nourishment 5,000 5,000
Transport Expenses 1,000 1,000
Total 1,44,190 /- 2,04,191
(rounded of to
Rs.2,04,000/-)
10. In the result, this Civil Miscellaneous Appeal is partly allowed
and the compensation awarded by the tribunal at sum of Rs. 1,44,190/-
is enhanced to Rs. 2,04,000/- along with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit.
11. The 2nd respondent/Insurance Company is directed to deposit
the entire compensation amount along with interest as modified by this
Court, less the amount already deposited, within a period of six weeks
from the date of receipt of a copy of this judgment. On such deposit, the
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C.M.A.No.450 of 2011
appellant/claimant are permitted to withdraw the compensation as
modified by this Court along interest and costs, after adjusting the
amount, if any, already withdrawn, by filing necessary applications
before the Tribunal. No costs.
25.02.2021
Index: Yes/No
Internet: Yes/No
ak
To
1. The Principal Sub Judge,
(Motor Accidents Claims Tribunal),
Salem.
2. The Section Officer,
V.R.Section,
High Court, Madras.
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C.M.A.No.450 of 2011
D.KRISHNAKUMAR, J.
ak
CMA.No.450 of 2011
25.02.2021
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