Madras High Court
Parthasarathy vs Gopal on 25 January, 2021
C.M.A.No.19 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.19 of 2021
Parthasarathy .. Appellant
Vs.
1.Gopal
(R1 remained exparte before the Tribunal)
2.Reliance General Insurance Co. Ltd.
RAI's Tower, Plot No.2054
2nd avenue, 2nd floor
Anna nagar, Chennai-600 040. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the judgment and decree dated 26.06.2018
made in M.C.O.P.No.4397 of 2013 on the file of Motor Accident Claims
Tribunal, V Small Causes Court, Chennai.
For Appellant : Mr.K.V.Muthu Visakan
For R2 : Mr.S.Arunkumar
1/8
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C.M.A.No.19 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 26.06.2018 made in
M.C.O.P.No.4397 of 2013 on the file of Motor Accident Claims Tribunal, V
Small Causes Court, Chennai.
2.The appellant is claimant in M.C.O.P.No.4397 of 2013 on the file of
Motor Accident Claims Tribunal, V Small Causes Court, Chennai. He filed
the said claim petition claiming a sum of Rs.8,00,000/- as compensation for
the injuries sustained by him in the accident that took place on 22.05.2013.
3.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
the driver of the auto rickshaw belonging to the 1st respondent and directed
the 2nd respondent/Insurance Company being insurer of the said auto
rickshaw to pay a sum of Rs.2,20,200/- as compensation to the appellant.
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C.M.A.No.19 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 the
appellant was a sanitary item seller and was earning a sum of Rs.20,000/- per
month at the time of accident. The Tribunal without considering the same,
erred in fixing only a meagre sum of Rs.10,000/- as monthly income of the
appellant and awarding only a sum of Rs.30,000/- towards loss of income for
three months. The Tribunal has not awarded any compensation towards
damage to clothes and medical expenses. The amounts awarded by the
Tribunal towards transportation, extra nourishment and loss of amenities 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 failed to prove
the avocation and income. In the absence of material evidence with regard to
avocation and income, the Tribunal fixed a sum of Rs.10,000/- per month as
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C.M.A.No.19 of 2021
notional income of the appellant, which is not meagre. The amounts awarded
by the Tribunal under different heads are 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 in the accident, the
appellant sustained head injuries, communited fracture of both bones right leg
and underwent surgeries. The appellant has taken treatment as in-patient in
KMC Hospital, Kilpauk, from 23.05.2013 to 14.06.2013 and again from
19.08.2013 to 29.08.2013. The amounts awarded by the Tribunal towards
extra nourishment, transportation, attendant charges and loss of amenities are
meagre. Considering the nature of injuries, disability and period of treatment
taken by the appellant, Rs.25,000/-, Rs.15,000/-, Rs.20,000/- and Rs.20,000/-
are awarded towards extra nourishment, transportation, attendant charges and
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C.M.A.No.19 of 2021
loss of amenities respectively. Though the appellant has taken treatment in
Government Hospital, he would have spent some amount towards medical
expenses. Considering the period of treatment, a sum of Rs.10,000/- is
awarded towards medical expenses.
8(i) The appellant has contended that he was a sanitary item seller and
was earning a sum of Rs.20,000/- per month at the time of accident. The
appellant failed to substantiate the said contention. In the absence of any
material evidence with regard to avocation and income, the Tribunal fixed a
sum of Rs.10,000/- per month as notional income of the appellant. The
accident is of the year 2013 and the notional income fixed by the Tribunal is
meagre. Hence, a sum of Rs.12,000/- per month is fixed as notional income of
the appellant. Due to the injuries, the appellant would not have attended the
work atleast for a period of six months. Thus, the compensation awarded by
the Tribunal towards loss of income is modified to Rs.72,000/- (Rs.12,000/-
X 6). The Tribunal has not awarded any compensation towards damage to
clothes and hence, a sum of Rs.2,000/- is awarded towards damage to clothes.
The amounts awarded by the Tribunal under all other heads are just and
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C.M.A.No.19 of 2021
reasonable and hence, the same are hereby confirmed. Thus, the
compensation awarded by the Tribunal is modified as follows:
S.No Description Amount awarded by Amount Award
Tribunal awarded by confirmed or
(Rs) this Court enhanced or
(Rs) granted or
reduced
1. Pain and 30,000 30,000 Confirmed
suffering
2. Extra 10,000 25,000 Enhanced
nourishment
3. Transportation 10,000 15,000 Enhanced
4. Disability 1,20,000 1,20,000 Confirmed
5. Attendant 10,200 20,000 Enhanced
charges
6. Loss of 10,000 20,000 Enhanced
amenities
7. Loss of income 30,000 72,000 Enhanced
8. Damage to - 2,000 Granted
clothes
9. Medical - 10,000 Granted
expenses
Total 2,20,200 3,14,000 Enhanced by
Rs.93,800/-
9.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.2,20,200/- is hereby
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C.M.A.No.19 of 2021
enhanced to Rs.3,14,000/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. The 2nd
respondent/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, 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.
25.01.2021
Index : Yes / No
Internet : Yes/ No
kj
To
1.V 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.19 of 2021
V.M.VELUMANI, J.,
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C.M.A.No.19 of 2021
25.01.2021
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