Madras High Court
N.Phiravin Kumar vs Ravi on 27 January, 2021
C.M.A.No.27 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.27 of 2021
N.Phiravin Kumar .. 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.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
09.06.2020 made in M.C.O.P.No.235 of 2018 on the file of the Motor
Accident Claims Tribunal, Special Sub Court, Erode.
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C.M.A.No.27 of 2021
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.235 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.235 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.
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
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C.M.A.No.27 of 2021
respondent-National Insurance Company Limited to pay a sum of
Rs.2,66,000/- as compensation to the appellant and dismissed the claim
petition as against the 4th respondent.
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 the disability certificate was marked as
Ex.C2. 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]. The appellant was a Partner in Sree Laxmi
Textile, Erode and was earning a sum of Rs.50,000/- per month. But the
Tribunal has not granted any amount towards loss of income. The appellant
has taken treatment at KMCH Hospital, Erode as inpatient from 28.12.2017
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C.M.A.No.27 of 2021
to 05.01.2018. 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 that he lost his income during treatment period.
Hence, he is not entitled to any amount towards loss of income. 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.
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C.M.A.No.27 of 2021
9.From the materials available on record, it is seen that it is the
contention 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.C2 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 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 working as a Partner in Sree Laxmi Textile, Erode and was earning a sum
of Rs.50,000/- per month. The appellant has not produced any material
evidence to prove that he lost his income during treatment period. Hence, he
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C.M.A.No.27 of 2021
is not entitled to any amount towards loss of income. The appellant has taken
treatment at KMCH Hospital, Erode as inpatient for 9 days from 28.12.2017
to 05.01.2018. The Tribunal has not granted any amount towards attendant
charges and future medical expenses. Therefore, the appellant is entitled to a
sum of Rs.15,000/- towards attendant charges. 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.15,000/-. 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 expenses. 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 75,000/- 75,000/- Confirmed
3. Extra nourishment 8,000/- 15,000/- Enhanced
4. Damages to clothes 2,000/- 2,000/- Confirmed
5. Attendant charges - 15,000/- Granted
6. Medical expenses 1,56,000/- 1,56,000/- Confirmed
7. Transportation 10,000/- 10,000/- Confirmed
Total Rs.2,66,000/- Rs.2,98,000/- Enhanced by
Rs.32,000/-
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C.M.A.No.27 of 2021
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.2,98,000/- 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
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.235 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 4th respondent. No costs.
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krk
Index : Yes / No
Internet : Yes / No
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C.M.A.No.27 of 2021
V.M.VELUMANI, J.
krk
To
1.The Special Subordinate Judge,
Motor Accident Claims Tribunal,
Erode.
2.The Section Officer,
VR Section,
High Court,
Madras.
C.M.A.No.27 of 2021
27.01.2021
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