Madras High Court
Marimuthu vs R.Jayakumar on 26 February, 2021
C.M.A.No.1017 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.02.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.1017 of 2020
Marimuthu .. Appellant
Vs.
1.R.Jayakumar
2.United India Insurance Company Limited,
No.38, Anna Salai,
Chennai – 600 002 .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
19.11.2010 made in M.C.O.P.No.106 of 2005 on the file of the Motor
Accident Claims Tribunal, III Small Causes Court, Chennai.
For Appellant : Mrs.P.T.Saleem Fathima
for Mr.S.Ravikumar
For R2 : Mr.C.Paranthaman
JUDGMENT
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 19.11.2010 made in
M.C.O.P.No.106 of 2005 on the file of the Motor Accident Claims Tribunal,
III Small Causes Court, Chennai.
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C.M.A.No.1017 of 2020
2.The appellant is the claimant in M.C.O.P.No.106 of 2005 on the file
of the Motor Accident Claims Tribunal, III Small Causes Court, Chennai. He
filed the above said claim petition, claiming a sum of Rs.8,00,000/- as
compensation for the injuries sustained by him in the accident that took place
on 25.08.2004.
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 mini lorry belonging to the 1st respondent and directed the 2nd
respondent-Insurance Company to pay a sum of Rs.10,46,100/- 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.
5.The learned counsel appearing for the appellant contended that in the
accident the appellant suffered head injury, injury at the spine, fracture femur
and abrasion all over the body. P.W.2/Doctor examined the appellant and
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C.M.A.No.1017 of 2020
certified that appellant suffered 100% disability. The appellant was working
as Hotel Master and was earning a sum of Rs.4,500/- per month. The Tribunal
ought to have fixed the monthly income of the appellant at Rs.4,500/- and
granted compensation. The Tribunal failed to grant any enhancement towards
future prospects and also not awarded any amount towards future medical
expenses. The appellant has taken treatment as inpatient at Government
General Hospital from 25.08.2004 to 27.10.2004 and subsequently at Agilash
Hospital, Coimbatore from 11.06.2006 to 29.08.2006. The Tribunal failed to
award any amount towards attendant charges, loss of amenities and damages
to clothes. The amounts awarded by the Tribunal towards Pain and
Sufferings, Transportation and Extra Nourishment are meagre and prayed for
enhancement of compensation.
6.Per contra, Mr.C.Paranthaman, learned counsel appearing for the 2nd
respondent-Insurance Company contended that the Tribunal accepted the
disability certificate issued by P.W.2/Doctor and awarded a sum of
Rs.8,64,000/- as compensation towards loss of earning capacity and the same
is excessive. In the absence of any material evidence with regard to avocation
and income, a sum of Rs.4,000/- per month fixed by the Tribunal as notional
income of the appellant is excessive. The total compensation awarded by the
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C.M.A.No.1017 of 2020
Tribunal at Rs.10,46,100/- is highly excessive. The appellant has not made
out any case for enhancement of compensation and prayed for dismissal of
the appeal.
7.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.
8.It is the case of the appellant that in the accident he suffered head
injury, injury at spine, femur fracture and abrasion all over the body.
P.W.2/Doctor examined the appellant and certified that appellant suffered
100% disability and issued Ex.P14/disability certificate to that effect. The
Tribunal accepted the disability certificate issued by P.W.2/Doctor, adopted
multiplier method and awarded a sum of Rs.8,64,000/- towards loss of
earning capacity by fixing the monthly income of the appellant at Rs.4,000/-.
At the time of accident, the appellant was working as Hotel Master and was
earning a sum of Rs.4,500/- per month but he did not file any material
document to prove the same. In the absence of any material evidence with
regard to avocation and income, the Tribunal fixed a sum of Rs.4,000/- per
month as notional income of the appellant. The accident is of the year 2004.
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C.M.A.No.1017 of 2020
The cost of living has increased enormously and salary of even unskilled
workers has increased substantially. Hence, a sum of Rs.4,500/- per month is
fixed as notional income of the appellant as claimed by him. The Tribunal
considering the nature of injuries, evidence of P.W.2/Doctor and nature of
work done by the appellant, adopted multiplier method and awarded
compensation for loss of earning capacity and the same is proper. Thus, by
fixing Rs.4,500/- per month as notional income, the compensation awarded
by the Tribunal towards loss of earning capacity is modified to Rs.9,72,000/-
[Rs.4,500/- X 12 X 18]. The appellant has taken treatment as inpatient at
Government General Hospital from 25.08.2004 to 27.10.2004 and
subsequently at Agilash Hospital, Coimbatore from 11.06.2006 to
29.08.2006. The Tribunal failed to award any amount towards attendant
charges, loss of amenities and damages to clothes. Considering the nature of
injuries and period of treatment taken by the appellant, he is entitled to a sum
of Rs.20,000/- each towards attendant charges and loss of amenities and
Rs.1,000/- towards damages to clothes. The appellant has not produced any
medical records to show that he requires further medical treatment. Hence, he
is not entitled to any amount towards future medical expenses. The amounts
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C.M.A.No.1017 of 2020
awarded by the Tribunal under other heads are just and reasonable and hence,
same are 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. Loss of earning 8,64,000/- 9,72,000/- Enhanced
capacity
2. Pain and sufferings 50,000/- 50,000/- Confirmed
3. Medical expenses 97,100/- 97,100/- Confirmed
4. Extra nourishment 15,000/- 15,000/- Confirmed
5. Transportation 20,000/- 20,000/- Confirmed
6. Attendant charges - 20,000/- Granted
7. Loss of amenities - 20,000/- Granted
8. Damages to clothes - 1,000/- Granted
Total Rs.10,46,100/- Rs.11,95,100/- Enhanced by
Rs.1,49,000/-
9.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.10,46,100/- is hereby
enhanced to Rs.11,95,100/- 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
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C.M.A.No.1017 of 2020
judgment, to the credit of M.C.O.P.No.106 of 2005 on the file of the Motor
Accident Claims Tribunal, III Small Causes Court, Chennai. 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. It is made
clear that the appellant is not entitled to any interest on the amount of
Rs.1,49,000/-, the amount now enhanced by this Court for the default period
as per the order of this Court dated 14.02.2020 made in C.M.P.No.26263 of
2019 in C.M.A.No.SR.90766 of 2015. The appellant is directed to pay the
necessary Court fee as per the order of this Court dated 13.11.2019 made in
C.M.P.No.24029 of 2019 in C.M.A.(SR).No.90766 of 2015. No costs.
26.02.2021
krk
Index : Yes / No
Internet : Yes / No
To
1.The III Judge,
Motor Accident Claims Tribunal,
Small Causes Court,
Chennai.
2.The Section Officer,
VR Section, High Court,
Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1017 of 2020
V.M.VELUMANI, J.
krk
C.M.A.No.1017 of 2020
26.02.2021
https://www.mhc.tn.gov.in/judis/
