Madras High Court
K.Venkatesan vs Sankar on 27 January, 2021
C.M.A.No.522 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.01.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.522 of 2020
K.Venkatesan .. Appellant
Vs.
1.Sankar
2.The Branch Manager
The New India Assurance Company Limited
Door No.39C, Bye-pass road
Dharmapuri Town
Dharmapuri Taluk and District. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the judgment and decree dated 27.09.2019
made in M.C.O.P.No.45 of 2018 on the file of Motor Accident Claims
Tribunal, Special District Court, Dharmapuri.
1/9
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C.M.A.No.522 of 2020
For Appellant : Mr.M.Selvam
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 27.09.2019 made in
M.C.O.P.No.45 of 2018 on the file of Motor Accident Claims Tribunal,
Special District Court, Dharmapuri.
2.The appellant is claimant in M.C.O.P.No.45 of 2018 on the file of
Motor Accident Claims Tribunal, Special District Court, Dharmapuri. He
filed the said claim petition claiming a sum of Rs.50,00,000/- as
compensation for the injuries sustained by him in the accident that took place
on 12.11.2017.
3. 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 Yamaha motorcycle belonging to the 1st respondent and directed
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C.M.A.No.522 of 2020
the 2nd respondent/Insurance Company being insurer of the said Yamaha
motorcycle to pay a sum of Rs.22,25,900/- as compensation to the appellant.
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 in the
accident, the left leg above knee of the appellant was amputated. The Medical
Board after examining the appellant certified that the appellant suffered 85%
disability. At the time of accident, the appellant was working as a mason and
sub-contractor, earning a sum of Rs.30,000/- per month. The Tribunal
without considering the same, fixed a meagre sum of Rs.9,000/- per month as
notional income of the appellant. The Tribunal has not awarded any
enhancement towards future prospects and any compensation towards future
medical expenses. The amounts awarded by the Tribunal under different
heads are meagre and prayed for enhancement of compensation.
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C.M.A.No.522 of 2020
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.9,000/- per month as
notional income of the appellant, which is excessive. The Tribunal has
awarded excessive amount of Rs.2,00,000/- towards loss of amenities. The
total compensation awarded by the Tribunal is not meagre. The appellant is
not entitled for any 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.It is the case of the appellant that in the accident, he sustained
grievous injuries all over the body and his left leg below knee was amputated.
At the time of accident, the appellant was a mason by profession, he was doing
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C.M.A.No.522 of 2020
construction work and was earning a sum of Rs.30,000/- per month. 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.9,000/- per month as notional income of the appellant. The
accident is of the year 2017 and the notional income fixed by the Tribunal is
meagre. Hence, a sum of Rs.12,000/- per month including future prospects is
fixed as notional income of the appellant. The Tribunal accepting the
disability certificate issued by the Medical Board, fixed the disability of the
appellant at 85%, applied multiplier 15 and awarded compensation towards
disability by adopting multiplier method, which is proper. Thus, the
compensation awarded by the Tribunal towards disability is modified to
Rs.18,36,000/- (Rs.12,000/- X 12 X 15 X 85/100). The appellant has not
produced any document to prove that he is still taking 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 not
meagre and hence, the same are hereby confirmed. Thus, the compensation
awarded by the Tribunal is modified as follows:
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C.M.A.No.522 of 2020
S.No Description Amount awarded Amount Award
by Tribunal awarded by confirmed or
(Rs) this Court enhanced or
(Rs) granted or
reduced
1. Physical 13,77,000 18,36,000 Enhanced
disability
2. Pain and 75,000 75,000 Confirmed
suffering
3. Extra 30,000 30,000 Confirmed
nourishment
4. Attendant 15,000 15,000 Confirmed
charges
5. Transportation 20,000 20,000 Confirmed
6. Loss of 2,00,000 2,00,000 Confirmed
amenities
7. Medical 5,02,000 5,02,000 Confirmed
expenses
8. Repairing 6,900 6,900 Confirmed
charges to two
wheeler
Total 22,25,900 26,84,900 Enhanced by
Rs.4,59,000/-
9.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.22,25,900/- is hereby
enhanced to Rs.26,84,900/- together with interest at the rate of 7.5% per
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C.M.A.No.522 of 2020
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.
27.01.2021
Index : Yes / No
Internet : Yes/ No
kj
To
1.The Special District Judge
Motor Accident Claims Tribunal
Dharmapuri.
2.The Section Officer
V.R.Section
High Court, Chennai.
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C.M.A.No.522 of 2020
V.M.VELUMANI, J.,
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C.M.A.No.522 of 2020
27.01.2021
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