Muneeswaran vs Easwaran
2021 Latest Caselaw 1759 Mad

                                                          1

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                                 DATED: 27.01.2021
                                                      CORAM:
                              THE HONOURABLE MRS.JUSTICE J.NISHA BANU


                                              C.M.A.(MD)No.239 of 2019



                    Muneeswaran                                 ...Appellant/Claimant

                                                        Vs.
                    1.Easwaran

                    2.The Manager
                      Iswariya Enterprises
                      D.No.6/164
                      Thalavaipuram
                      Rajapalayam Taluk
                      Virudhunagar District

                    3.The Branch Manager
                      The New India Assurance Co.,Ltd.,
                      D.No.1419, Thenkasi Road
                      Rajapalayam Town
                      Virudhunagar District             ....Respondents/Respondents


                    PRAYER: This Appeal has been filed under Section 173 of the Motor

                    Vehicles Act, 1988, as against the order and decree made in M.C.O.P.No.35

                    of 2016 dated 04.12.2018 on the file of the Motor Accident Claims

                    Tribunal/Principal Sub Court, Virudhunagar District at Srivilliputhur.




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                                                              2

                                 For appellant            :        Mr.M.Thirunavukkarasu
                                 For respondent 3         :        Mr.J.S.Murali
                                 For respondents 1 & 2    :       No appearance
                                                     JUDGMENT

This Civil Miscellaneous Appeal has been filed against the order and

decree made in M.C.O.P.No.35 of 2016 dated 04.12.2018 on the file of the

Motor Accident Claims Tribunal/Principal Sub Court, Virudhunagar District

at Srivilliputhur.

2.The case of the appellant/claimant is that on 09.11.2015 when the

appellant was driving his two wheeler bearing Registration No.TN-79-

A-0625 near Sethur-Tenkasi road, at that time, a Van belonging to the 2nd

respondent driven by its driver in a rash and negligent manner and dashed

against the appellant. Due to the accident, the appellant sustained multiple

fractures on his right leg below knee. Hence, he filed a claim petition in

M.C.O.P.No.35 of 2016 before the Motor Accident Claims

Tribunal /Principal Sub Court, Virudhunagar District at Srivilliputhur,

claiming a sum of Rs.10,00,000/- as compensation where the learned

Tribunal after hearing the oral and documents evidence, awarded a sum of

Rs.3,51,900/- along with interest to the appellant. Aggrieved over the same,

the appellant has filed this Civil Miscellaneous Appeal.

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3.The learned counsel for the appellant would submit that Ex.P9,

Medical Bill series demonstrating that the appellant herein had spent a sum

of Rs.20,282/-. But the Tribunal has taken note of the first medical bill alone

and awarded a sum of Rs.880/- which highly arbitrary and the appellant is

entitled to get a further sum of Rs.19,702/-. Prior to the accident, the

appellant was working as a Mason, because of injuries sustained in the

accident, he was not in a position to sit on the floor or stand continuously and

therefore, he cannot do his Mason work after the accident. Since the

appellant had undergone two surgeries on his right leg for multiple grievous

injuries, the Court below ought to have awarded compensation by adopting

multiplier method. The learned counsel for the appellant submitted that the

compensation awarded by the Tribunal is very low and the same is liable to

be enhanced and hence, he sought before this Court to allow this civil

miscellaneous appeal as prayed for.

4.Heard the learned counsel for the appellant as well as the third

respondent and perused the materials available on record.

5.Perusal of record shows that due to the injuries sustained in the

accident, the appellant cannot do his mason work as he cannot stand or sit http://www.judis.nic.in

continuously in the same place. The claimant had also undergone two

surgeries on his right leg for multiple grievous injuries. Therefore, the

disability has to be treated as functional disability and multiplier method has

to be adopted. The Tribunal has taken the monthly income of the appellant as

Rs.8,000/- per month and awarded compensation of Rs.40,000/- towards loss

of income during treatment period and if the same amount is taken to

calculate the permanent disability, it would be arrived at Rs.5,35,680/-(Rs.

8000 x 12 x 18 x 31%-100 = Rs.5,35,680/-). After deducting the amount of

Rs.1,08,500/-, the appellant would get a sum of Rs.4,27,180/- under the head

of loss of earning capacity alone. But, the appellant has restricted to a sum

of Rs.5,00,000/- over and above the award amount of Rs.3,51,900/-. If the

multiplier method is adopted, higher amount would be paid to the appellant

than the awarded amount. Since the appellant has restricted to a sum of

Rs.5,00,000/-, this Court is inclined to allow this Civil Miscellaneous

Appeal. Accordingly, the third respondent/Insurance Company is directed to

deposit a sum of Rs.5,00,000/- with 9% interest per annum from the date of

claim till the date of deposit, less the amount already deposited, if any, to the

credit of the claim petition, within a period of eight weeks from the date of

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

appellant/claimant is directed to withdraw the entire award amount with

accrued interest and costs, by filing an application before the Tribunal. http://www.judis.nic.in

6. In the result, this Civil Miscellaneous Appeal is allowed. No costs.

                                                                                27.01.2021


                    Index       :Yes/No
                    Internet    :Yes/No
                    msa

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1.The Motor Accident Claims Tribunal / Principal Sub Court, Virudhunagar District at Srivilliputhur

2.The Record Keeper, VR Section, Madurai Bench of Madras High Court, Madurai.

http://www.judis.nic.in

J.NISHA BANU,J.

msa

C.M.A.(MD)No.239 of 2019

27.01.2021

http://www.judis.nic.in