Madras High Court
M.Thirupathi vs S.R.Dineshkumar on 25 January, 2021
C.M.A.No.62 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.01.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.62 of 2021
M.Thirupathi .. Appellant
Vs.
1.S.R.Dineshkumar
(R1 remained exparte before the
Tribunal and hence, her presence is
dispensed with)
2.The New India Assurance Company Ltd.
Third Party Claim HUB
No.1, CSI building
2nd floor, Officer line, Vellore. .. 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.21 of 2018 on the file of Motor Accident Claims
Tribunal, Sub Court, Vaniyambadi.
1/9
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C.M.A.No.62 of 2021
For Appellant : Mrs.A.Subadra
for Ms.M.Malar
For R2 : Mr.J.Chandran
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.21 of 2018 on the file of Motor Accident Claims Tribunal, Sub
Court, Vaniyambadi.
2.By consent of both the learned counsel appearing for the appellant
and the 2nd respondent/Insurance Company, the appeal is taken up for final
disposal at the stage of admission itself.
3.The appellant is claimant in M.C.O.P.No.21 of 2018 on the file of
Motor Accident Claims Tribunal, Sub Court, Vaniyambadi. He filed the said
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C.M.A.No.62 of 2021
claim petition claiming a sum of Rs.5,00,000/- as compensation for the
injuries sustained by him in the accident that took place on 03.07.2017.
4.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 bearing Registration No.TN-23-BM-6752
belonging to the 1st respondent and directed the 2nd respondent/Insurance
Company being insurer of the said motorcycle to pay a sum of Rs.48,000/- as
compensation to the appellant at the first instance and recover the same from
the 1st respondent as the rider of the motorcycle belonging to the 1st
respondent did not possess valid driving license at the time of accident.
5.Not being satisfied with the amounts awarded by the Tribunal, the
appellant has come out with the present appeal seeking enhancement of
compensation.
6.The learned counsel appearing for the appellant contended that the
appellant was aged 21 years at the time of accident, he was working as a
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C.M.A.No.62 of 2021
driver and was earning a sum of Rs.10,000/- per month. The Tribunal without
considering the same, fixed a meagre sum of Rs.6,500/- per month as notional
income and awarded loss of income only for one month. In the accident, the
appellant suffered right shoulder dislocation and multiple injuries all over the
body. After the accident, the appellant could not do the work as he was doing
earlier. The appellant has lost his earning capacity. The Tribunal failed to
award any compensation towards disability. The Tribunal ought to have
adopted multiplier method to award compensation. The Tribunal awarded
only a sum of Rs.48,000/- towards compensation. The Tribunal ought to have
awarded compensation towards future medical expenses, loss of amenities
and mental agony. The amounts awarded by the Tribunal under different
heads are meagre and prayed for enhancement of compensation.
7.Per contra, the learned counsel appearing for the 2nd
respondent/Insurance Company contended that the appellant has not proved
that he suffered functional disability and lost his earning power. The appellant
has not filed disability certificate to prove his injuries. The Tribunal after
considering the materials available on record in proper perspective, has
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C.M.A.No.62 of 2021
awarded compensation under different heads, which are not meagre. The
appellant has not made out any case for enhancement of compensation and
prayed for dismissal of the appeal.
8.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.
9.From the materials on record, it is seen that it is the contention of the
appellant that in the accident, the appellant suffered right shoulder
dislocation, abrasions in the hand, shoulder joint, right cheek, forehead,
tenderness in the right shoulder joint, right hip joint and multiple injuries all
over the body. The appellant has taken treatment as in-patient in AR Rahman
Hospital, Vaniyambadi, from 03.07.2017 to 08.07.2017. The appellant has
not examined the Doctor who treated him and has not filed any disability
certificate to prove the nature of injuries. The appellant has not proved that he
suffered functional disability and lost his earning power. Therefore, the
appellant is not entitled to any compensation towards disability. The Tribunal
has awarded a sum of Rs.1,000/- each towards extra nourishment and
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C.M.A.No.62 of 2021
attendant charges, which are meagre. Considering the date of accident and
nature of injuries sustained by the appellant, Rs.6,000/- each is awarded
towards extra nourishment and attendant charges. The Tribunal has not
awarded any compensation towards transportation and hence, a sum of
Rs.5,000/- is awarded towards transportation.
9(i) It is the contention of the appellant that at the time of accident, he
was working as a driver and was earning a sum of Rs.10,000/- per month.
The appellant failed to substantiate the said contention. In the absence of any
material evidence, the Tribunal fixed a sum of Rs.6,500/- per month as
notional income and awarded compensation towards loss of income, which is
meagre. The accident is of the year 2017 and hence, a sum of Rs.10,000/- per
month as claimed by the appellant is fixed as notional income and Rs.10,000/-
is awarded towards loss of income for one month. The appellant has not
produced any document to prove that he continued his treatment and
therefore, he is not entitled to any compensation towards future medical
expenses. The amounts awarded by the Tribunal under all other heads are
just and reasonable and hence, the same are hereby confirmed.
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C.M.A.No.62 of 2021
S.No Description Amount awarded Amount Award
by Tribunal awarded by confirmed or
(Rs) this Court enhanced or
(Rs) granted or
reduced
1. Pain and 25,000 25,000 Confirmed
suffering
2. Medical 14,500 14,500 Confirmed
expenses
3. Extra 1,000 6,000 Enhanced
nourishment
4. Attendant 1,000 6,000 Enhanced
charges
5. Loss of income 6,500 10,000 Enhanced
6. Transportation - 5,000 Granted
Total 48,000 66,500 Enhanced by
Rs.18,500/-
10.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.48,000/- is hereby enhanced
to Rs.66,500/- together with interest at the rate of 6% per annum from the
date of petition till the date of deposit. The 2nd respondent/Insurance
Company is directed to deposit the award amount now determined by this
Court along with interest and costs, less the amount already deposited, if any,
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C.M.A.No.62 of 2021
within a period of six weeks from the date of receipt of a copy of this
judgment at the first instance and recover the same from the 1st respondent.
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.
25.01.2021
Index : Yes / No
Internet : Yes/ No
kj
To
1.The Subordinate Judge
Motor Accident Claims Tribunal
Vaniyambadi.
2.The Section Officer
V.R.Section,
High Court,
Chennai.
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C.M.A.No.62 of 2021
V.M.VELUMANI,J.
Kj
C.M.A.No.62 of 2021
25.01.2021
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