Madras High Court
Ranjith vs Manickam on 25 February, 2021
C.M.A.No.316 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.02.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.316 of 2021
Ranjith .. Appellant
Vs.
1.Manickam
2.United India Insurance Company Limited,
Mettur Main Road, Omalur,
Salem District. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
08.08.2019 made in M.C.O.P.No.92 of 2014 on the file of the Motor Accident
Claims Tribunal, Additional District Court (FAC), Namakkal.
For Appellant : Mr.A.Sathishkumar
for Mr.C.Thangaraju
For R2 : Ms.I.Malar
JUDGMENT
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 08.08.2019 made in
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C.M.A.No.316 of 2021
M.C.O.P.No.92 of 2014 on the file of the Motor Accident Claims Tribunal,
Additional District Court (FAC), Namakkal.
2.The appellant is the claimant in M.C.O.P.No.92 of 2014 on the file of
the Motor Accident Claims Tribunal, Additional District Court (FAC),
Namakkal. He filed the above said claim petition, claiming a sum of
Rs.5,00,000/- as compensation for the injuries sustained by him in the
accident that took place on 11.06.2011.
3.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
the driver of the lorry belonging to the 1st respondent and directed the 2nd
respondent-Insurance Company to pay a sum of Rs.1,06,000/- as
compensation to the appellant at the first instance and recover the same from
the 1st respondent.
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.316 of 2021
5.The learned counsel appearing for the appellant contended that in the
accident the appellant suffered grievous injuries all over his body and
underwent surgeries in his head as well as in right eye for vision defects. The
Medical Board examined the appellant and certified that appellant suffered
10% disability and issued Ex.C1/disability certificate to that effect. But the
Tribunal awarded a meagre sum of Rs.30,000/- towards disability at the rate
of Rs.3,000/- per percentage of disability. Considering the nature of injuries
and vision defects in right eye, the Tribunal ought to have adopted multiplier
method and awarded compensation towards disability. At the time of
accident, the appellant was a College Student aged 19 years and the Tribunal
failed to award any amount towards loss of income. The Tribunal ought to
have fixed the monthly income of the appellant at Rs.12,000/-, granted 40%
enhancement towards future prospects, applied multiplier '18' and awarded
compensation towards loss of earning. The appellant has taken treatment as
inpatient at Vinayaga Hospital, Salem for 15 days from 11.06.2011 and also
underwent surgeries on 13.06.2011 & 09.01.2013. The amounts awarded by
the Tribunal towards pain and sufferings, extra nourishment and
transportation are meagre. The Tribunal failed to award any amount towards
attendant charges, loss of amenities, mental agony and damages to clothes
and prayed for enhancement of compensation.
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C.M.A.No.316 of 2021
7. Per contra, the learned counsel appearing for the 2nd respondent
contended that the Tribunal accepted the disability certificate issued by the
Medical Board and awarded a sum of Rs.30,000/- for 10% disability and the
same is not meagre. The appellant has not produced any material evidence to
prove his avocation and income. Hence, he is not entitled to compensation
towards loss of income. The appellant has not proved that he suffered
functional disability and lost his earning capacity. Hence, he is not entitled to
any amount towards loss of earning capacity by adopting multiplier method.
The Tribunal considering the entire materials on record, has awarded a sum of
Rs.1,06,000/- as compensation for the simple injuries sustained by the
appellant under different heads 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
learned counsel appearing for the 2nd respondent and perused the entire
materials on record.
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C.M.A.No.316 of 2021
9.It is the contention of the appellant that in the accident he suffered
grievous injuries all over his body and underwent surgeries in his head as well
as in right eye for vision defects. The Medical Board examined the appellant
and certified that appellant suffered 10% disability and issued
Ex.C1/disability certificate to that effect. The disability certificate issued by
the Medical Board was marked as Ex.C1. The Tribunal accepted the disability
certificate issued by the Medical Board and awarded a sum of Rs.30,000/- for
10% disability at the rate of Rs.3,000/- per percentage of disability and the
same is not meagre. After the accident, the appellant continued his studies and
completed the course. Hence, the contention of the appellant that he is entitled
to compensation towards loss of income is not acceptable. The appellant has
not proved that he suffered functional disability and lost his earning capacity.
Therefore, he is not entitled to any amount towards loss of earning capacity by
adopting multiplier method. The appellant has taken treatment as inpatient at
Vinayaga Hospital, Salem for 15 days from 11.06.2011 and also underwent
surgeries on 13.06.2011 & 09.01.2013. Considering the nature of injuries and
period of treatment taken by the appellant, the amounts awarded by the
Tribunal towards pain and sufferings, transportation and extra nourishment
are meagre and hence, the same are enhanced to Rs.15,000/- each. The
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C.M.A.No.316 of 2021
Tribunal failed to award any amount towards attendant charges, loss of
amenities and damages to clothes. The appellant is entitled to a sum of
Rs.5,000/- towards attendant charges, Rs.15,000/- towards loss of amenities
and Rs.1,000/- 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 awarded Amount awarded Award confirmed
No by Tribunal by this Court or enhanced or
(Rs) (Rs) granted
1. Disability 30,000/- 30,000/- Confirmed
2. Pain and sufferings 5,000/- 15,000/- Enhanced
3. Extra nourishment 5,000/- 15,000/- Enhanced
4. Transportation 5,000/- 15,000/- Enhanced
5. Medical expenses 61,033/- 61,033/- Confirmed
6. Attendant charges - 5,000/- Granted
7. Loss of amenities - 15,000/- Granted
8. Damages to clothes - 1,000/- Granted
Total Rs.1,06,033/- Rs.1,57,033/- Enhanced by
rounded off to rounded off to Rs.51,000/-
Rs.1,06,000/- Rs.1,57,000/-
10.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.1,06,000/- is hereby
enhanced to Rs.1,57,000/- together with interest at the rate of 7.5% per
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C.M.A.No.316 of 2021
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.92 of 2014 on the file of the Motor
Accident Claims Tribunal, Additional District Court (FAC), Namakkal, at the
first instance and recover the same from the 1 st 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 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 06.01.2021 made in C.M.P.No.14461 of 2020 in
C.M.A.No.SR.67027 of 2020. No costs.
25.02.2021
krk
Index : Yes / No
Internet : Yes / No
http://www.judis.nic.in
C.M.A.No.316 of 2021
V.M.VELUMANI, J.
krk
To
1.The Additional District Judge (FAC),
Motor Accident Claims Tribunal,
Namakkal.
2.The Section Officer,
VR Section,
High Court,
Madras.
C.M.A.No.316 of 2021
25.02.2021
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