Madras High Court
T.M.Gokulkumar vs Selvam on 22 January, 2021
C.M.A. No.1981 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.01.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.1981 of 2020
T.M.Gokulkumar .. Appellant
Vs.
1.Selvam
2.Raja
3.The United India Insurance Co. Ltd.,
Arjuna Tower, No.248/164, Cherry Road,
Salem 636 001. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree dated 03.03.2020, made
in M.C.O.P. No.1376 of 2018, on the file of the Special Sub Court No.I,
(Motor Accident Claims Tribunal) Salem.
For Appellant : Mr.T.S.Arthanareeswaran
for M/s.C.Paraneedharan
For Respondents : M/s. I.Malar (For R3)
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C.M.A. No.1981 of 2020
JUDGMENT
The matter is heard through "Video Conferencing".
This appeal has been filed for enhancement of compensation granted
by the award dated 03.03.2020, made in M.C.O.P. No.1376 of 2018, on the
file of the Special Sub Court No.I, (Motor Accident Claims Tribunal) Salem.
2.The appellant-claimant filed M.C.O.P. No.1376 of 2018, on the file
of the Special Sub Court No.I, (Motor Accident Claims Tribunal) Salem,
claiming a sum of Rs.15,00,000/- as compensation for the injuries sustained
by him in the accident that took place on 11.06.2018.
3.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
the 1st respondent, driver of the Max Cab belonging to the 2nd respondent and
directed the 3rd respondent, as insurer of the offending vehicle, to pay a sum
of Rs.5,85,061/- as compensation to the appellant at the first instance and
recover the same from the 2nd respondent.
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C.M.A. No.1981 of 2020
4.Not being satisfied with the amounts awarded by the Tribunal in the
award dated 03.03.2020, made in M.C.O.P. No.1376 of 2018, the appellant
has come out with the present appeal.
5.The learned counsel appearing for the appellant contended that at the
time of accident, the appellant was aged 28 years, working as a UPS & RO
Sales and Service Worker and was earning a sum of Rs.24,000/- per month. In
the accident, he sustained grievous injuries and multiple fractures and has
taken treatment as in-patient in KMCH Speciality Hospital at Erode from
11.06.2018 to 27.06.2018, for a period of 17 days. He also underwent
surgeries and screws were fixed. Due to the injuries sustained, the appellant
could not do the work as he was doing earlier and lost his entire earning
power. The Medical Board assessed and certified that the appellant suffered
25% disability. In the disability certificate it has been clearly stated that the
appellant has some difficulties in lifting overhead objects, sitting cross legged
and squatting pain in hip and ankle and hence the assessment of disability is
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C.M.A. No.1981 of 2020
very meagre. The Tribunal considering Ex.C1- disability certificate, ought to
have adopted multiplier method for awarding compensation towards
permanent disability. The amounts awarded by the Tribunal towards loss of
income, pain and suffering, extra nourishment, attendant charges and
transportation to the Hospital are meagre and prayed for enhancement of the
compensation.
6.Per contra, the learned counsel appearing for the 3rd respondent-
Insurance Company contended that the Tribunal considering the disability
certificate issued by the Medical Board, marked as Ex.C1, awarded
compensation towards disability and the same is proper. The appellant has not
proved that he suffered functional disability and lost his entire earning
capacity. Hence, he is not entitled to compensation by adopting multiplier
method. Considering the nature of injuries suffered by the appellant, the
Tribunal awarded compensation under different heads, which are not meagre.
The appellant has not made out any case for enhancement of the
compensation and prayed for dismissal of the appeal.
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C.M.A. No.1981 of 2020
7.Heard learned counsel appearing for the appellant as well as the 3rd
respondent-Insurance Company and perused the materials available on record.
8.From the materials on record, it is seen that it is the case of the appellant
that in the accident, he suffered grievous injuries and multiple fractures. The
Medical Board examined the appellant and certified that the appellant suffered
25% disability. The appellant has not proved that he suffered functional
disability and lost his earning capacity. In the absence of any material evidence,
the Tribunal rightly adopted percentage method and awarded a sum of
Rs.75,000/- towards disability at the rate of Rs.3,000/- per percentage for 25%
disability and the same is meagre. This Court by 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 2018. In view of the
same, a sum of Rs.5,000/- is awarded per percentage of disability. Hence, the
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C.M.A. No.1981 of 2020
amount awarded by the Tribunal towards disability is enhanced to
Rs.1,25,000/- [Rs.5,000/- x 25%] at the rate of Rs.5,000/- per percentage for
25% disability. For the injuries sustained in the accident, the appellant has
taken first aid treatment at Government Mohan Kumaramangalam Medical
College Hospital, Salem and then has taken further treatment as in-patient at
KMCH Speciality Hospital, Erode from 11.06.2018 to 27.06.2018, for a
period of 17 days. Considering the period of treatment taken and nature of
injuries sustained by the appellant, the amounts awarded by the Tribunal
towards attendant charges, extra nourishment, pain and suffering and
transportation are enhanced to Rs.20,000/-, Rs.20,000/-, Rs.35,000/- and
Rs.15,000/- respectively.
9.It is the case of the appellant that at the time of accident, he was
working as a UPS & RO Sales and Service Worker at M/s. Blue Lines, Salem
and was earning a sum of Rs.24,000/- per month. He has failed to prove the
same. In the absence of any materials, the Tribunal fixed a sum of Rs.7,500/-
per month as notional income. The accident is of the year 2018. Considering the
date of accident and nature of work done by the appellant, a sum of Rs.13,000/-
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C.M.A. No.1981 of 2020
per month is fixed as notional income. Due to the injuries sustained in the
accident, the appellant would not have worked atleast for a period of 5 months.
Hence, the amount awarded by the Tribunal towards loss of income is enhanced
to Rs.65,000/- [Rs.13,000/- x 5 months]. Due to the injuries sustained, the
appellant would have suffered some inconvenience. The amounts awarded by
the Tribunal towards loss of amenities is meagre and hence, the same is
enhanced to Rs.35,000/-. The Tribunal has awarded meagre sum of Rs.1,000/-
towards damage to clothes and the same is enhanced to Rs.3,000/-. The amount
awarded by the Tribunal towards medical expenses is just and reasonable and
hence, the same is hereby confirmed. Thus, the compensation awarded by the
Tribunal is modified as follows:
S. No Description Amount awarded Amount Award
by Tribunal awarded by this confirmed or
(Rs) Court (Rs) enhanced or
granted
1. Loss of income 37,500/- 65,000/- Enhanced
2. Pain and suffering 25,000/- 35,000/- Enhanced
3. Medical expenses 3,84,061/- 3,84,061/- Confirmed
4. Transportation 12,500/- 15,000/- Enhanced
5. Extra nourishment 12,500/- 20,000/- Enhanced
6. Attendant charges 12,500/- 20,000/- Enhanced
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C.M.A. No.1981 of 2020
7. Damage to clothes 1,000/- 3,000/- Enhanced
8. Loss of amenities 25,000/- 35,000/- Enhanced
9. Disability 75,000/- 1,25,000/- Enhanced
Total 5,85,061/- 7,02,061/- Enhanced by
Rs.1,17,000/-
10.In the result, the appeal is partly allowed and the amount awarded
by the Tribunal at Rs.5,85,061/- is enhanced to Rs.7,02,061/- together with
interest at the rate of 7.5% per annum from the date of petition till the date of
deposit. The 3rd respondent-Insurance Company is directed to deposit the
award amount, now determined by this Court, along with interest and costs,
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.1376 of 2018, at the first instance and
recover the same from the 2nd respondent. On such deposit, the appellant is
permitted to withdraw the award amount, now determined by this Court,
along with interest and costs, after adjusting the amount, if any already
withdrawn, by filing necessary applications before the Tribunal. No costs.
22.01.2021
gsa
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C.M.A. No.1981 of 2020
To
1.The Special Subordinate Judge – I,
(Motor Accident Claims Tribunal),
Salem.
2.The Section Officer,
V.R Section, High Court, Madras.
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C.M.A. No.1981 of 2020
V.M.VELUMANI, J.,
gsa
C.M.A.No.1981 of 2020
22.01.2021
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