Madras High Court
Sickandar Shareef vs Srinivasan on 27 January, 2021
C.M.A.No.2411 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.01.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.2411 of 2019
Sickandar Shareef .. Appellant
Vs.
1.Srinivasan
(R1 remained exparte before the
Tribunal)
2.SBI General Insurance Company Limited
Ground floor, Greams Dugar Buildings
No.64, Greams Road
Chennai-600 006. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the judgment and decree dated 09.11.2018
made in M.C.O.P.No.1376 of 2016 on the file of Motor Accident Claims
Tribunal, Special Sub Court No.1 (dealing with MCOP cases), Small Causes
Court, Chennai.
For Appellant : Mr.K.V.Muthu Visakan
for Mr.S.Thambi
For R2 : Mr.J.Michael Visuvasam
1/8
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2411 of 2019
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 09.11.2018 made in
M.C.O.P.No.1376 of 2016 on the file of Motor Accident Claims Tribunal,
Special Sub Court No.1 (dealing with MCOP cases), Small Causes Court,
Chennai.
2.The appellant is claimant in M.C.O.P.No.1376 of 2016 on the file of
Motor Accident Claims Tribunal, Special Sub Court No.1 (dealing with
MCOP cases), Small Causes Court, Chennai. He filed the said claim petition
claiming a sum of Rs.70,00,000/- as compensation for the injuries sustained
by him in the accident that took place on 15.12.2015.
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 mini lorry belonging to the 1 st respondent and directed the
2nd respondent/Insurance Company being insurer of the said mini lorry to
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2411 of 2019
pay a sum of Rs.18,92,000/- as compensation to the appellant at the first
instance and recover the same from the 1st respondent as the driver of the mini
lorry belonging to the 1st respondent did not possess valid driving license at
the time of accident.
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 aged 24 years at the time of accident, he was working as a
marketing officer in Micro Labs Limited, Bangalore and was earning a sum
of Rs.11,000/- per month along with incentives. He has marked the joining
report and pay slip as Exs.P6 and P7 to prove the avocation and income. The
Tribunal without considering the same, fixed only a sum of Rs.10,279/- as
monthly income of the appellant. In the accident, the appellant sustained
severe crush injury over right leg, amputation below knee in right leg and
multiple injuries all over the body. The Medical Board after examining the
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2411 of 2019
appellant, certified that the appellant suffered 60% disability. The Tribunal
has not awarded any amounts towards damage to clothes, loss of amenities,
loss of expectation of life, loss of marital life and permanent disability. The
amounts awarded by the Tribunal under different heads are meagre and
prayed for enhancement of compensation.
6.Per contra, the learned counsel appearing for the 2nd
respondent/Insurance Company contended that the Tribunal has adopted
multiplier method and awarded compensation towards pecuniary loss. In
addition to that, the Tribunal has awarded a sum of Rs.2,00,000/- towards loss
of future prospects. The total compensation awarded by the Tribunal under
different heads are excessive. The appellant is not entitled to 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.From the materials on record, it is seen that it is the contention of the
appellant that in the accident, he sustained severe crush injury over right leg,
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2411 of 2019
amputation below knee in right leg and multiple injuries all over the body.
The Medical Board after examining the appellant, certified that the appellant
suffered 60% disability and issued Ex.C1/Disability certificate. The appellant
has taken treatment in the hospital as in-patient from 15.12.2015 to
04.02.2016 for 52 days. The amounts awarded by the Tribunal towards
transportation, extra nourishment and attendant charges are meagre.
Considering the nature of injuries, disability and period of treatment taken by
the appellant, Rs.25,000/-, Rs.50,000/- and Rs.50,000/- are awarded towards
transportation, extra nourishment and attendant charges respectively.
9.The appellant has contended that he was aged 24 years at the time of
accident, he was working as a marketing officer in Micro Labs Limited,
Bangalore and was earning a sum of Rs.11,000/- per month along with
incentives. He has marked the joining report and pay slip as Exs.P6 and P7 to
prove the avocation and income. The Tribunal fixed a sum of Rs.10,279/- as
monthly income of the appellant and awarded compensation towards
pecuniary loss by adopting multiplier method, which is not proper. A sum of
Rs.11,000/- is fixed as monthly income of the appellant as claimed by the
appellant. Thus, the compensation awarded by the Tribunal towards
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2411 of 2019
pecuniary loss is modified to Rs.14,25,600/- (Rs.11,000/- X 12 X 18 X
60/100). The amounts awarded by the Tribunal under all 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.No Description Amount awarded Amount Award
by Tribunal awarded by confirmed or
(Rs) this Court enhanced or
(Rs) granted or
reduced
1. Pecuniary loss 13,32,158 14,25,600 Enhanced
2. Pain and 50,000 50,000 Confirmed
suffering
3. Transportation 10,000 25,000 Enhanced
4. Hospital and 1,14,200 1,14,200 Confirmed
medical
expenses
5. Future Medical 1,42,652 1,42,652 Confirmed
Expenses
6. Extra 30,000 50,000 Enhanced
nourishment
7. Attendant 13,000 50,000 Enhanced
charges
8. Loss of future 2,00,000 2,00,000 Confirmed
prospects
Total 18,92,010 2057452 Enhanced by
rounded off to rounded off to Rs.1,65,500/-
18,92,000 20,57,500
10.In the result, this Civil Miscellaneous Appeal is partly allowed and
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2411 of 2019
the compensation awarded by the Tribunal at Rs.18,92,000/- is hereby
enhanced to Rs.20,57,500/- 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 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.
27.01.2021
Index : Yes / No
Internet : Yes/ No
kj
V.M.VELUMANI,J.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2411 of 2019
Kj
To
1.The Special Subordinate Judge No.I
Motor Accident Claims Tribunal
Small Causes Court, Chennai.
2.The Section Officer
V.R.Section,
High Court,
Chennai.
C.M.A.No.2411 of 2019
27.01.2021
https://www.mhc.tn.gov.in/judis/
