Madras High Court
Valli vs T.D.Sanjay Kandiar on 20 January, 2021
C.M.A.No.29 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.01.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.29 of 2021
Valli .. Appellant
Vs.
1.T.D.Sanjay Kandiar
2.The New India Assurance Co. Ltd.
No.45, Moore street
Chennai-600 014. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the judgment and decree dated 12.12.2019
made in M.C.O.P.No.1026 of 2014 on the file of Motor Accident Claims
Tribunal, VI Small Causes Court, Chennai.
For Appellant : Mr.K.Varadha Kamaraj
for Mr.V.Mohan Choudary
For R2 : Mr.S.Dhakshnamoorthy
1/9
https://www.mhc.tn.gov.in/judis/
C.M.A.No.29 of 2021
JUDGMENT
This matter is heard through “Video-Conferencing”.
The Civil Miscellaneous Appeal is filed for enhancement of
compensation granted by the Tribunal in the award dated 12.12.2019 made in
M.C.O.P.No.1026 of 2014 on the file of Motor Accident Claims Tribunal, VI
Small Causes Court, Chennai.
2.The appellant is claimant in M.C.O.P.No.1026 of 2014 on the file of
Motor Accident Claims Tribunal, VI Small Causes Court, Chennai. She filed
the said claim petition claiming a sum of Rs.2,50,000/- as compensation for
the injuries sustained by her in the accident that took place on 07.01.2014.
3.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent riding by
the 1st respondent, rider-cum-owner of the motorcycle and directed the 2nd
respondent/Insurance Company being insurer of the said motorcycle to pay a
sum of Rs.75,300/- as compensation to the appellant.
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C.M.A.No.29 of 2021
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 fracture and dislocation of right shoulder,
injuries in abdomen, right elbow and hip. P.W.2/Doctor after examining the
appellant, certified that the appellant suffered 20% disability and issued
disability certificate Ex.P12 to that effect. The Tribunal reduced the disability
to 10% and awarded meagre amount as compensation towards disability. The
appellant has taken treatment as in-patient in Rajiv Gandhi Government
General Hospital, on 07.01.2014 and 08.01.2014 and then in Peripheral
Hospital from 18.01.2014 to 23.01.2014. At the time of accident, the
appellant was working as a coolie and was earning a sum of Rs.350/- per day.
Due to the injuries sustained in the accident, the appellant could not do the
work as she was doing earlier. The Tribunal has not awarded any
compensation towards loss of income during treatment period. The Tribunal
ought to have awarded compensation by adopting multiplier method to award
loss of earning power. The Tribunal has not awarded any compensation
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C.M.A.No.29 of 2021
towards future medical expenses. The amounts awarded by the Tribunal
under different heads are meagre and prayed for enhancement of
compensation.
6.Per contra, the learned counsel appearing for the 2nd
respondent/Insurance Company contended that the appellant has not
produced any document to prove that she suffered functional disability and
lost her earning power. Therefore, the Tribunal awarded compensation
towards disability by adopting percentage method, which is not meagre. 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/Insurance Company and
perused the entire materials on record.
8.From the materials on record, it is seen that it is the contention of the
appellant that in the accident, she suffered fracture and dislocation of right
shoulder, injuries in abdomen, right elbow and hip. P.W.2/Doctor after
examining the appellant, certified that the appellant suffered 20% disability.
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C.M.A.No.29 of 2021
The Tribunal reduced the disability to 10% on the ground that P.W.2/Doctor
has not filed any worksheet for mode of assessment, which is not proper. The
2nd respondent/Insurance Company has not examined any Doctor to disprove
the evidence of P.W.2/Doctor and the disability certificate issued by him.
Therefore, the appellant is entitled to compensation for 20% disability as
assessed by P.W.2/Doctor. The appellant has not produced any document to
prove that she suffered functional disability and lost her earing power. Hence,
she is not entitled to compensation towards loss of earning by adopting
multiplier method. The Tribunal awarded a sum of Rs.3,000/- per percentage
of disability, which is meagre. This Court in the judgment reported in 2020
(1) TN MAC 617 [M. Chinnathambi Vs. S.Deepa and another], fixed a
sum of Rs.4,000/- per percentage of disability for the accident occurred in the
year 2014 & 2015 and a sum of Rs.5,000/- per percentage of disability for the
accident occurred from the year 2016 onwards, due to raise in cost of living.
In the present case, the accident is of the year 2014. In view of the same, a
sum of Rs.4,000/- is awarded per percentage of disability. Thus, the
compensation awarded by the Tribunal towards disability is hereby enhanced
to Rs.80,000/- (Rs.4,000/- X 20%).
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C.M.A.No.29 of 2021
8(i) According to the appellant, she has taken treatment as in-patient in
Rajiv Gandhi Government General Hospital, Chennai, on 07.01.2014 and
08.01.2014 and then in Peripheral Hospital from 18.01.2014 to 23.01.2014.
The amounts awarded by the Tribunal towards attendant charges and damage
to clothes are meagre. Considering the nature of injuries and period of
treatment taken by the appellant, Rs.6,000/- and Rs.2,000/- are awarded
towards attendant charges and damage to clothes respectively.
8(ii) The appellant has contended that she was working as a coolie and
was earning a sum of Rs.350/- per day at the time of accident. The appellant
has not produced any document to prove her avocation and income.
Considering the date of accident and nature of work, a sum of Rs.8,000/- is
fixed as monthly income of the appellant. Due to the injuries, the appellant
would not have attended the work atleast for a period of 3 months. The
Tribunal has not awarded any compensation towards loss of income during
treatment period. Thus, a sum of Rs.24,000/- is awarded towards loss of
income during treatment period. The amounts awarded by the Tribunal under
all other heads are just and reasonable and hence, the same are hereby
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C.M.A.No.29 of 2021
confirmed. Thus, the compensation awarded by the Tribunal is modified as
follows:
S.No Description Amount awarded Amount Award
by Tribunal awarded by confirmed or
(Rs) this Court enhanced or
(Rs) granted or
reduced
1. Disability 30,000 80,000 Enhanced
2. Pain and 15,000 15,000 Confirmed
suffering
3. Extra 10,000 10,000 Confirmed
nourishment
4. Transportation 5,000 5,000 Confirmed
5. Damage to 1,000 2,000 Enhanced
clothes
6. Attendant 3,000 6,000 Enhanced
charges
7. Medical 1270.70 1270.70 Confirmed
expenses
8. Loss of 10,000 10,000 Confirmed
amenities
9. Loss of income - 24,000 Granted
during
treatment
period
Total 75,270.70 1,53,270.70 Enhanced by
rounded off to rounded off to Rs.78,000/-
75,300 1,53,300
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C.M.A.No.29 of 2021
9.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.75,300/- is hereby enhanced
to Rs.1,53,300/- together with interest at the rate of 7.5% per annum from the
date of petition till the date of deposit. The 2nd respondent 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. 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. No costs.
20.01.2021
Index : Yes / No
Internet : Yes/ No
kj
To
1.VI Judge
Motor Accident Claims Tribunal
Small Causes Court, Chennai.
2.The Section Officer
V.R.Section, High Court, Chennai.
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C.M.A.No.29 of 2021
V.M.VELUMANI, J.,
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C.M.A.No.29 of 2021
20.01.2021
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