Giri vs V.Sekar
2021 Latest Caselaw 1333 Mad

Citation : 2021 Latest Caselaw 1333 Mad
Judgement Date : 21 January, 2021

Madras High Court

Giri vs V.Sekar on 21 January, 2021

                                                                 1

                                      In the High Court of Judicature at Madras

                                                    Dated: 21.01.2021

                                                         Coram

                                   The Honourable Mr. Justice D.KRISHNA KUMAR


                                               C.M.A.No.3313 of 2010



                     Giri                                               ... Appellant
                                                        ..Vs..


                     1.V.Sekar

                     2.United India Insurance Co. Ltd.,
                       Motor Third Party Claims Office,
                       No.38, Anna Salai,
                       Chennai-600 002.                                 ... Respondents




                     Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of
                     Motor Vehicles Act, 1988, against the judgment and decree passed
                     by the learned VI Judge (FTC-2), (MACT), Court of Small Causes,
                     Chennai in M.C.O.P.No.1471 of 1995 dated 16.04.1998.


                                    For Appellant       : Mr.J.Mahalingam

                                    For Respondent-2    : Mr.C.Paranthaman




https://www.mhc.tn.gov.in/judis/
                                                              2




                                                    JUDGMENT

Being aggrieved by the award passed by the Motor Accident

Claims Tribunal / learned VI Judge (FTC-2), (MACT), Court of Small

Causes, Chennai in M.C.O.P.No.1471 of 1995 dated 16.04.1998, the

appellant/claimant has preferred this appeal for enhancement of

compensation.

2. Heard Mr.J.Mahalingam, learned counsel for the appellant

and Mr.C.Paranthaman, learned counsel appearing on behalf of the

second respondent/Insurance Company. Inspite of the notice

unserved to the first respondent, taking into account, the year of

the appeal and also with the consent of both the appellant as well as

the second respondent/Insurance Company, the appeal is taken up

today “for final disposal”.

3. The brief facts of the case is as follows:-

a) On 29.11.1993 at about 2.30 pm when the claimant was

riding his bicycle at NSK Salai, a lorry bearing registration No.TN-

21-Z-6379 which was driven by its driver in a rash and negligent

https://www.mhc.tn.gov.in/judis/

manner hit the claimant, due to which, the appellant claimant had

suffered crush injury at his right foot. He was admitted in the

Government Hospital and he has taken treatment as in-patient for

one month. Aggrieved over the same, the claimant had preferred a

claim petition before the Tribunal, claiming a sum of Rs.3 lakhs as

compensation for the injuries sustained by him in the accident.

b) Before the Tribunal, P.W.1 to P.W4 are examined as

witnesses and Exs.P1 to P6 were marked on the side of the

claimant. No witness has been examined or documents have been

marked on the side of the respondents. The Tribunal after

analysing the oral and documentary evidences, came to the

conclusion that the accident had occurred only due to the rash and

negligent driving of the driver of the lorry which was insured with

the second respondent Insurance Company herein and directed the

second respondent/Insurance Company herein to pay a sum of

Rs.87,000/- with interest at the rate of 12% per annum from the

date of claim till the date of realization as compensation.

c) The break-up details of the award passed by the Tribunal

are as follows:-

https://www.mhc.tn.gov.in/judis/

Serial No. Heads Amount (Rs.) 1 Loss of income due to 50,000 permanent disability 2 Pain and sufferings 5,000 3 Loss of earning power 25,000 4 Loss of income during 5,000 treatment period 5 Transportation 1,000 6 Extra nourishment 1,000 Total 87,000

4. Challenging the aforesaid award passed by the Tribunal,

the claimant/appellant has come forward with the present appeal for

enhancement of compensation.

5. The learned counsel for the appellant submitted that the

Tribunal had erred in awarding the compensation under loss of

income for permanent disability as 50% disability crush injury at the

right foot was suffered by the claimant in the accident and

contended that as employed as turner, it affects its future earning

capacity and warrants interference by this Court. She further

submitted that the amount awarded under the non pecuniary heads

also needs enhancement.

https://www.mhc.tn.gov.in/judis/

6. On the other hand, the learned counsel for the second

respondent Insurance Company submitted that the award passed by

the Tribunal is just and reasonable and warrants no interference.

7. Considering the facts and circumstances of the case, this

Court is of the opinion that since the appellant/claimant had

suffered 50% disability due to the accident, a sum of Rs.1,00,000/-

has to be awarded towards loss of income due to permanent

disability i.e., awarding Rs.2000/- per percentage of disability. The

amounts awarded by the Tribunal towards pain and sufferings and

loss of income during the treatment period are confirmed by this

Court. In respect of non pecuniary heads, this Court taking into

account of the crush injury sustained by the claimant in the

accident, a sum of Rs.5000/- each towards transportation, extra

nourishment and attendant benefits respectively are granted. The

appellant/claimant is entitled for a sum of Rs.10,000/- towards loss

of amenities. A sum of Rs.15,000/- is granted towards loss of

earning power in the future. In total, the award passed by the

Tribunal is enhanced to Rs.1,70,000/- from Rs.87,000/-. It is made

clear that the interest for the enhanced amount is at the rate of

7.5% p.a. from the date of appeal till the date of realization.

https://www.mhc.tn.gov.in/judis/

8. The break-up details of the compensation amount awarded

by this Court is as follows:

                                   Serial No.             Heads               Amount (Rs.)
                      1                         Loss of income due to 1,00,000
                                                permanent disability
                      2                         Loss of income during     5,000
                                                treatment period
                      3                         Pain and sufferings      25,000
                      4                         Transportation            5,000
                      5                         Attendant benefits        5,000
                      6                         Extra nourishment         5,000
                      7                         Loss of amenities        10,000
                      8                         Loss of earning power    15,000
                                                Total                   1,70,000

9. Accordingly, the Civil Miscellaneous Appeal is allowed. The

second respondent herein/Insurance Company is directed to deposit

the enhanced amount with 7.5% p.a. interest to the credit of

M.C.O.P.No.1471 of 1995, before the learned VI Judge, MACT, Court

of Small Causes, Chennai, within a period of 6 weeks from the date

of receipt of a copy of this order. On such deposit being made, the

appellant/claimant is entitled to withdraw the entire/enhanced

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compensation amount on filing appropriate petition before the

Tribunal. There shall be no orders as to costs.

21.01.2021

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