Madras High Court
E.Venugopal vs Sivasankar on 21 January, 2021
C.M.A.No.43 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.43 of 2021
E.Venugopal .. Appellant
Vs.
1.Sivasankar
2.The United India Insurance Company Limited,
Motor TP claims office,
No.134, Greams Road,
Chennai – 600 006. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
22.03.2019 made in M.C.O.P.No.4255 of 2014 on the file of the Motor
Accident Claims Tribunal, II Small Causes Court, Chennai.
For Appellant : Mr.K.Varadha Kamaraj
For R2 : Mr.C.Paranthaman
JUDGMENT
The matter is heard through “Video Conferencing”.
2.By consent of both the parties, this Civil Miscellaneous Appeal is
taken up for final disposal at the admission stage itself.
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C.M.A.No.43 of 2021
3.This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 22.03.2019 made in
M.C.O.P.No.4255 of 2014 on the file of the Motor Accident Claims Tribunal,
II Small Causes Court, Chennai.
4.The appellant is the claimant in M.C.O.P.No.4255 of 2014 on the file
of the Motor Accident Claims Tribunal, II Small Causes Court, Chennai. He
filed the above said claim petition, claiming a sum of Rs.40,00,000/- as
compensation for the injuries sustained by him in the accident that took place
on 11.12.2012.
5.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent riding by
the rider of the motorcycle belonging to the 1 st respondent and directed the 2nd
respondent-Insurance Company to pay a sum of Rs.13,97,000/- as
compensation to the appellant.
6.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.43 of 2021
7.The learned counsel appearing for the appellant contended that in the
accident the appellant suffered skull fracture and severe blood clot in brain
and the blood clot was removed through cutting a part of skull bone due to
which the nervous system of appellant got weakened and both upper and
lower limbs are not functioning. The Regional Medical Board, Government
Kilpauk Medical College Hospital examined the appellant and certified that
appellant suffered 50% partial permanent disability and issued
Ex.P19/disability certificate to that effect. The Tribunal failed to award any
amount towards disability. The appellant was aged 40 years, working as a
Loadman and was earning a sum of Rs.11,000/- per month. The Tribunal
fixed a meagre sum of Rs.9,000/- per month as notional income of the
appellant and has not granted any enhancement towards future prospects. The
amounts awarded by the Tribunal towards attendant charges, transportation,
loss of amenities, pain and sufferings and future medical expenses are
meagre. The Tribunal has not awarded any amount towards extra nourishment
and prayed for enhancement of compensation.
8.Per contra, Mr.C.Paranthaman, learned counsel appearing for the 2nd
respondent-Insurance Company contended that the appellant failed to prove
his avocation and income. In the absence of any material evidence with
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C.M.A.No.43 of 2021
regard to avocation and income, the Tribunal has fixed excessive sum of
Rs.9,000/- per month as notional income of the appellant, adopted multiplier
method and awarded a sum of Rs.7,02,000/- towards loss of earning capacity,
which is excessive and hence, the appellant is not entitled to any amount
separately towards disability. The amounts awarded by the Tribunal towards
pain and sufferings, attendant charges, loss of marital life, loss of amenities,
loss of expectation of life and future medical expenses are excessive and
hence, the appellant is not entitled to any amount towards extra nourishment.
The Tribunal considering the entire materials on record, has awarded a sum of
Rs.13,97,000/- as compensation to the appellant which is not meagre. The
appellant has not made out any case for enhancement of compensation and
prayed for dismissal of the appeal.
9.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.
10.From the materials available on record, it is seen that it is the
contention of the appellant that he suffered skull fracture and severe blood
clot in brain and the blood clot was removed through cutting a part of skull
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C.M.A.No.43 of 2021
bone due to which the nervous system of appellant got weakened and both
upper and lower limbs are not functioning. The Regional Medical Board,
Government Kilpauk Medical College Hospital examined the appellant and
certified that appellant suffered 50% partial permanent disability and issued
Ex.P19/disability certificate to that effect. Further, it is the contention of the
appellant that he was aged 40 years, working as a Loadman and was earning a
sum of Rs.11,000/- per month. As per Ex.P17/copy of Aadhar Card, the age
of the appellant was mentioned as 46 years. The Tribunal considering the age,
nature of injuries, disability and nature of work done by the appellant,
adopted multiplier method and awarded compensation for loss of earning
capacity and the same is proper. The appellant failed to prove the avocation
and income. In the absence of any material evidence with regard to avocation
and income, the Tribunal fixed a sum of Rs.9,000/- per month as notional
income of the appellant. The accident occurred in the year 2012 and the
monthly income fixed by the Tribunal is meagre. A sum of Rs.10,000/- per
month is fixed as notional income of the appellant. Thus, the compensation
awarded by the Tribunal towards loss of earning capacity is modified to
Rs.7,80,000/- (Rs.10,000/- X 12 X 13 X 50/100). The amounts awarded by
the Tribunal towards loss of expectation of life, loss of marital life and loss of
amenities are excessive and hence, the appellant is not entitled to any amount
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C.M.A.No.43 of 2021
towards extra nourishment. The amounts awarded by the Tribunal under other
heads are just and reasonable and hence, the same are hereby confirmed.
Thus, the compensation awarded by the Tribunal is modified as follows:
S. Description Amount Amount Award
No awarded by awarded by this confirmed or
Tribunal Court enhanced or
(Rs) (Rs) granted
1. Loss of earning capacity 7,02,000/- 7,80,000/- Enhanced
2. Pain and sufferings 2,00,000/- 2,00,000/- Confirmed
3. Medical expenses 60,000/- 60,000/- Confirmed
4. Loss of marital life 25,000/- 25,000/- Confirmed
5. Attendant charges 50,000/- 50,000/- Confirmed
6. Transportation 10,000/- 10,000/- Confirmed
7. Loss of amenities 50,000/- 50,000/- Confirmed
8. Loss of expectation of 1,00,000/- 1,00,000/- Confirmed
life
9. Future medical 2,00,000/- 2,00,000/- Confirmed
expenses
Total Rs.13,97,000/- Rs.14,75,000/- Enhanced by
Rs.78,000/-
11.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.13,97,000/- is hereby
enhanced to Rs.14,75,000/- 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
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C.M.A.No.43 of 2021
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.4255 of 2014 on the file of the Motor Accident Claims
Tribunal, II 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 for Rs.78,000/-, the amount now enhanced by
this Court, as per the order of this Court dated 05.01.2021 made in
C.M.P.No.14595 of 2020 in C.M.A.No.SR.95100 of 2020. No costs.
21.01.2021
krk
Index : Yes / No
Internet : Yes / No
To
1.The II Judge,
Motor Accident Claims Tribunal,
Small Causes Court,
Chennai.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.43 of 2021
V.M.VELUMANI, J.
krk
C.M.A.No.43 of 2021
21.01.2021
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