Madras High Court
B.Venkatesh Prabhu vs Ravi on 27 January, 2021
C.M.A.No.37 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.01.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.37 of 2021
B.Venkatesh Prabhu .. Appellant
Vs.
1.Ravi
2.Renaatus Project Private Limited,
Office at 156, Mullamparappu,
N.G.Palayam Post,
Erode – 638 115.
3.The Branch Manager,
National Insurance Company Limited,
Divisional Office – 78,
Thiruvenkatasamy Chetty Street,
Erode – 638 001.
4.N.V.Phiravin Kumar
5.The Branch Manager,
Reliance General Insurance Company Limited,
3rd floor, Sakthi Super Market Building,
408, Perundurai Road,
Erode. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
1/9
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C.M.A.No.37 of 2021
09.06.2020 made in M.C.O.P.No.203 of 2018 on the file of the Motor
Accident Claims Tribunal, Special Sub Court, Erode.
For Appellant : Mr.P.Parthi Kannan
for Mr.S.Kaithamalai Kumaran
For R3 : Mr.J.Chandran
JUDGMENT
The matter is heard through “Video Conferencing”.
2.This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 09.06.2020 made in
M.C.O.P.No.203 of 2018 on the file of the Motor Accident Claims Tribunal,
Special Sub Court, Erode.
3.The appellant is the claimant in M.C.O.P.No.203 of 2018 on the file
of the Motor Accident Claims Tribunal, Special Sub Court, Erode. He filed
the above said claim petition, claiming a sum of Rs.10,00,000/- as
compensation for the injuries sustained by him in the accident that took place
on 28.12.2017.
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C.M.A.No.37 of 2021
4.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 lorry belonging to the 2nd respondent and directed the 3rd
respondent-National Insurance Company Limited to pay a sum of
Rs.2,69,000/- as compensation to the appellant and dismissed the claim
petition as against the respondents 4 and 5.
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 in the
accident the appellant suffered multiple grievous injuries all over the body.
The District Medical Board examined the appellant and certified that
appellant suffered 5% disability and issued disability certificate Ex.C1 to that
effect. The Tribunal awarded a meagre sum of Rs.15,000/- towards disability
at the rate of Rs.3,000/- per percentage of disability. The Tribunal ought to
have awarded a sum of Rs.5,000/- per percentage of disability as per the
judgment of this Court reported in 2020 (1) TN MAC 617 [M. Chinnathambi
Vs. S.Deepa and another]. At the time of accident, the appellant was a
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C.M.A.No.37 of 2021
Financier and Agriculturist and was earning a sum of Rs.30,000/- per month.
But the Tribunal has fixed a meagre sum of Rs.9,000/- per month as notional
income of the appellant and awarded compensation for loss of income only
for six monhts. The Tribunal ought to have awarded more compensation
towards loss of income. The appellant has taken treatment at KMCH
Hospital, Erode as inpatient from 28.12.2017 to 31.12.2017. The Tribunal has
not granted any amount towards attendant charges. The amounts awarded by
the Tribunal towards pain and sufferings and extra nourishment are meagre.
The Tribunal failed to award any amount towards future medical expenses
and prayed for enhancement of compensation.
7.Per contra, the learned counsel appearing for the 3rd respondent-
National Insurance Company contended that the Tribunal accepted the
disability certificate issued by the District Medical Board and awarded a sum
of Rs.15,000/- for 5% of disability at the rate of Rs.3,000/- per percentage of
disability and the same is not meagre. The appellant has not produced any
material evidence to prove his avocation and income. 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 and awarded
a sum of Rs.54,000/- as compensation towards loss of income for six months
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C.M.A.No.37 of 2021
and the same 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.
8.Heard the learned counsel appearing for the appellant as well as the
learned counsel appearing for the 3rd respondent and perused the entire
materials on record.
9.From the materials available on record, it is seen that it is the case of
the appellant that in the accident he suffered multiple grievous injuries all
over the body. The District Medical Board examined the appellant and
certified that appellant suffered 5% disability and issued disability certificate
Ex.C1 to that effect. The Tribunal awarded a meagre sum of Rs.15,000/-
towards disability at the rate of Rs.3,000/- per percentage of 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 2017. In view of the same, a sum of Rs.5,000/- is
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C.M.A.No.37 of 2021
awarded per percentage of disability. Thus, the compensation awarded by the
Tribunal towards disability is modified to Rs.25,000/- (Rs.5,000/- X 5%
disability).
10.It is the contention of the appellant that at the time of accident, he
was a Financier and Agriculturist and was earning a sum of Rs.30,000/- per
month. He failed to prove 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 and awarded
compensation towards loss of income for six months. The accident occurred
in the year 2017 and the notional income fixed by the Tribunal is meagre.
Therefore, a sum of Rs.15,000/- per month is fixed as notional income of the
appellant. Thus, the compensation awarded by the Tribunal towards loss of
income is modified to Rs.90,000/- (Rs.15,000/- X 6 months). The appellant
has taken treatment at KMCH Hospital, Erode as inpatient for 4 days from
28.12.2017 to 31.12.2017. The Tribunal has not granted any amount towards
attendant charges and future medical expenses. Therefore, the appellant is
entitled to a sum of Rs.6,000/- towards attendant charges. The appellant has
not produced any medical records to show that he requires further medical
treatment. Hence, he is not entitled to any amount towards future medical
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C.M.A.No.37 of 2021
expenses. Considering the nature of injuries and period of treatment taken by
the appellant, the amounts awarded by the Tribunal towards extra
nourishment is meagre and the same is enhanced to Rs.10,000/-. The amounts
awarded by the Tribunal under other heads are just and reasonable and hence,
the same are hereby confirmed. Thus, the compensation awarded by the
Tribunal is modified as follows:
S. Description Amount awarded Amount awarded Award confirmed
No by Tribunal by this Court or enhanced or
(Rs) (Rs) granted
1. Disability 15,000/- 25,000/- Enhanced
2. Pain and sufferings 65,000/- 65,000/- Confirmed
3. Extra nourishment 6,000/- 10,000/- Enhanced
4. Damages to clothes 2,000/- 2,000/- Confirmed
5. Attendant charges - 6,000/- Granted
6. Medical expenses 1,17,000/- 1,17,000/- Confirmed
7. Transportation 10,000/- 10,000/- Confirmed
8. Loss of income 54,000/- 90,000/- Enhanced
Total Rs.2,69,000/- Rs.3,25,000/- Enhanced by
Rs.56,000/-
11.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.2,66,000/- is hereby
enhanced to Rs.3,25,000/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. The 3 rd respondent-
National Insurance Company Limited is directed to deposit the award amount
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C.M.A.No.37 of 2021
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, to the credit of M.C.O.P.No.203 of 2018
on the file of the Motor Accident Claims Tribunal, Special Sub Court, Erode.
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 by making necessary applications before the
Tribunal. This appeal is dismissed against the respondents 4 & 5. No costs.
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Index : Yes / No
Internet : Yes / No
To
1.The Special Subordinate Judge,
Motor Accident Claims Tribunal,
Erode.
2.The Section Officer,
VR Section,
High Court,
Madras.
V.M.VELUMANI, J.
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C.M.A.No.37 of 2021
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C.M.A.No.37 of 2021
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