Madras High Court
Mani @ Manikandan vs Dhinakaran on 19 January, 2021
CMA No.48 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 19.01.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
CMA.No.48 of 2021
Mani @ Manikandan ... Appellant/Petitioner
Vs.
1. Dhinakaran
2. The Oriental Insurance Company Limited,
Ponnusamy Gounder Complex,
Tiruchengode Road, Sankari, Salem District.
... Respondents/Respondents
This Civil Miscellaneous Appeal has been filed under
Section 173 of the Motor Vehicles Act, 1988, against the decree and
judgment dated 30.09.2020 passed in MCOP.No.108 of 2016 by the
Subordinate Judge, Motor Accident Claims Tribunal, Sankari.
For Appellant : Mr.T.S.Arthanareeswaran
Page 1 of 7
https://www.mhc.tn.gov.in/judis/
CMA No.48 of 2021
JUDGMENT
Not satisfied with the Award passed by the Tribunal, the
claimant/appellant is before this court to enhance the compensation.
2. The claimant/appellant filed a claim petition before the
Tribunal seeking compensation of Rs.15,00,000/- for the injuries
sustained by him in a road accident that took place on 29.05.2015.
3. The brief case of the claimant is as follows. On
29.05.2015, at about 1.30 p.m. the claimant was riding his two wheeler
bearing registration No.T-24-H-1949 along Tiruchengode-Salem Road
and while nearing Mahendra Engineering College, a speedy car bearing
registration No.TN 09 U 8599 hit the motorcycle thereby he sustained
grievous injuries and was admitted to Government Hospital Salem and
then admitted to Krishna Hospital, Tiruchengode for better treatment.
According to the claimant, the rash and negligent driving of the driver
of the car was the cause of accident and since the first respondent
insured his car with the second respondent, both of them are liable to
pay compensation to the claimant.
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CMA No.48 of 2021
4. The second respondent resisted the claim petition.
5. Before Tribunal, on the side of the claimant/appellant, the
claimant was examined as PW1 and Ex.P1 to Ex.P5 were marked. On
the side of the respondents, one witness was examined as RW1 and
Ex.R1 was marked. In addition to that, Ex.C1 and Ex.C2 were marked
as court documents.
6. After analysing the evidence on record, the Tribunal has
awarded a compensation of Rs.6,80,000/- under the following heads.
Heads Amount in Rs.
Loss of income (7500x12x18x20%) 3,24,000
Extra nourishment 50,000
Medical expenses 1,20,000
Future medical expenses 50,000
Pain and sufferings 50,000
Transportation charges 25,000
Damages to clothes and articles 10,000
Permanent Disability 50,000
Total 6,79,000
Rounded off 6,80,000
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CMA No.48 of 2021
7. Heard the learned counsel for the appellant and also I
have perused the material on record.
8. The learned counsel appearing for the claimant/appellant
vehemently argued and placed reliance on Ex.P4 and Ex.P5 and
submitted that as per Ex.P5 medical bills, the applicant had spent a sum
of Rs.1,18,000/- towards medical expenses and the discharge summary
Ex.P4 reveals that he sustained fracture on his left side Tuber bone and
Right side Tibia bone. He also submitted that the claimant was working
as a lorry body builder and earning a sum of Rs.20,000/- per month,
however, the Tribunal had fixed only a sum of Rs.7,500/- as monthly
income and awarded very meagre amounts towards compensation and
hence, the appellant seeks enhancement of compensation in this appeal.
9. As per the claim petition and the evidence of the
claimant, he was working as a lorry body builder on contract basis
and was earning a sum of Rs.20,000/- per month and his age was 23
years on the date of accident. Though the claimant stated that he was
earning a sum of Rs.20,000/- per month, there is no evidence to prove
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CMA No.48 of 2021
his income. Therefore, by following the decisions of the Apex court in
2015 (2) TN MAC 624, the Tribunal has correctly fixed sum of
Rs.7,500/- as monthly income. As per Ex.C1 Disability Certificate, the
Medical Board had assessed 20% as Permanent Disability and the
Tribunal has awarded a sum of Rs. 3,24,000/- towards " Loss of
Income". Further, as per Ex.P5, totally a sum of Rs.1,18,020/- was
spent by the claimant and hence, the Tribunal has awarded a sum of
Rs.1,20,000/- towards medical bills. In addition to that, the Tribunal
has also awarded various amounts towards " Extra Nourishment, Future
medical expenditure, Pain and Sufferings, Damages to cloth and article
and Permanent disability" and totally awarded a sum of Rs.6,80,000/-
as compensation. The respondent/Insurance Company has not preferred
any appeal questioning the quantum of compensation. Thus, this court
is of the view that the the Tribunal has awarded a just and reasonable
amounts as compensation and it does not warrant any interference by
this court.
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CMA No.48 of 2021
10. In the result,
(i) The civil miscellaneous appeal is dismissed. No costs
and the Award passed by the Tribunal is upheld.
(ii) The second respondent/insurance company is directed
to deposit the amount with interest as awarded by the Tribunal within a
period of 12 weeks from the date of receipt of a copy of this order, less
the amount if already deposited.
(iii) On such deposit being made by the respondent, the
claimant is entitled to withdraw the same, after following due process
of law.
19.01.2021
mst
Index:Yes/No
Internet:Yes/No
Speaking/non Speaking order
To
The Oriental Insurance Company Limited,
Ponnusamy Gounder Complex,
Tiruchengode Road, Sankari, Salem District.
https://www.mhc.tn.gov.in/judis/
CMA No.48 of 2021
D. KRISHNAKUMAR, J.
mst
CMA. No.48 of 2021
19.01.2021
https://www.mhc.tn.gov.in/judis/
