Madras High Court
T.Raja vs V.Ramesh on 27 January, 2021
C.M.A.No.80 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.80 of 2021
T.Raja .. Appellant
Vs.
1.V.Ramesh
2.National Insurance Company Limited,
No.751, Anna Salai,
Chennai – 600 002. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
14.08.2019 made in M.C.O.P.No.7188 of 2013 on the file of the Motor
Accident Claims Tribunal, Special Subordinate Judge No.I, Small Causes
Court, Chennai.
For Appellant : Mr.K.Varadhakamaraj
For R2 : Ms.R.Rathnathara
JUDGMENT
The matter is heard through “Video Conferencing”.
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C.M.A.No.80 of 2021
2.By consent of both the parties, this Civil Miscellaneous Appeal is
taken up for final hearing admission stage itself.
3.This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 14.08.2019 made in
M.C.O.P.No.7188 of 2013 on the file of the Motor Accident Claims Tribunal,
Special Subordinate Judge No.I, Small Causes Court, Chennai.
4.The appellant is the claimant in M.C.O.P.No.7188 of 2013 on the file
of the Motor Accident Claims Tribunal, Special Subordinate Judge No.I,
Small Causes Court, Chennai. 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 07.11.2013.
5.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 motorcycle belonging to the 1 st respondent and directed the 2nd
respondent-Insurance Company to pay a sum of Rs.2,78,050/- as
compensation to the appellant.
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C.M.A.No.80 of 2021
6.Not being satisfied with the amounts awarded by the Tribunal, the
appellant has come out with the present appeal seeking enhancement of
compensation.
7.The learned counsel appearing for the appellant contended that in the
accident the appellant suffered both bone fracture of right leg, right arm
fracture, head injury and multiple injuries all over his body. He has also
underwent two surgeries. The Regional Medical Board, Government Kilpauk
Medical College Hospital, Chennai examined the appellant and certified that
appellant suffered 10% disability and issued disability certificate Ex.C1 to
that effect. However, the Tribunal awarded only a meagre sum of Rs.30,000/-
towards disability at the rate of Rs.3,000/- per percentage of disability. The
Tribunal ought to have fixed 100% loss of earning power for appellant and
granted compensation for 100% loss of earning power. The appellant was a
Carpenter and was earning a sum of Rs.20,000/- per month. But the Tribunal
fixed a meagre sum of Rs.6,500/- per month as notional income of the
appellant and awarded compensation towards loss of income only for two
months. The appellant has taken treatment as inpatient at Chettinad Super
Specialist Hospital, Chennai on two spells for 16 days from 07.11.2013 to
20.11.2013 and from 13.02.2015 to 14.02.2015. The Tribunal failed to award
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C.M.A.No.80 of 2021
any amount towards future medical expenses and loss of amenities. The
amounts awarded by the Tribunal towards loss of income, pain and
sufferings, attendant charges, extra nourishment, transportation and future
prospects are meagre and prayed for enhancement of compensation.
8.Per contra, the learned counsel appearing for the 2nd respondent
contended that the Tribunal accepted the disability certificate issued by the
Regional Medical Board, Government Kilpauk Medical College Hospital,
Chennai and awarded a sum of Rs.30,000/- for 10% 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.6,500/- per month as notional income
of the appellant and awarded compensation towards loss of income for two
months, which is not meagre. The appellant has not proved that he lost his
earning capacity by producing material evidence and hence, he is not entitled
to compensation for loss of earning capacity. 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.
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C.M.A.No.80 of 2021
9.Heard the learned counsel appearing for the appellant as well as the
learned counsel appearing for the 2nd respondent and perused the entire
materials on record.
10.From the materials available on record, it is seen that it is the case of
the appellant that in the accident he suffered both bone fracture of right leg,
right arm fracture, head injury and multiple injuries all over his body. The
Regional Medical Board, Government Kilpauk Medical College Hospital,
Chennai examined the appellant and certified that appellant suffered 10%
disability and issued disability certificate Ex.C1 to that effect. The Tribunal
accepted the disability certificate issued by the Regional Medical Board,
Government Kilpauk Medical College Hospital, Chennai and awarded a sum
of Rs.30,000/- for 30% of disability at the rate of Rs.3,000/- per percentage of
disability. The accident occurred in the year 2013 and the amount awarded by
the Tribunal towards disability is not meagre. The appellant has not proved
that he suffered functional disability and lost his earning capacity. Hence, he
is not entitled to compensation for loss of earning capacity.
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C.M.A.No.80 of 2021
11.It is the contention of the appellant that he was working as
Carpenter and was earning a sum of Rs.20,000/- 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.6,500/- per month as
notional income of the appellant and awarded compensation towards loss of
income for two months. The accident occurred in the year 2013 and the
monthly income fixed by the Tribunal is meagre. Considering the year of
accident, age and nature of work done by the appellant, a sum of Rs.10,000/-
per month is fixed as notional income of the appellant. Due to the injuries and
disability suffered by the appellant in the accident, he would not have
attended his work atleast for a period of six months. Thus, the compensation
awarded by the Tribunal towards loss of income is modified to Rs.60,000/-
(Rs.10,000/- X 6 months). The appellant has taken treatment as inpatient at
Chettinad Super Specialist Hospital, Chennai on two spells for 16 days from
07.11.2013 to 20.11.2013 and from 13.02.2015 to 14.02.2015. Considering
the nature of injuries and period of treatment taken by the appellant, the
amounts awarded by the Tribunal towards attendant charges and
transportation are meagre and the same are enhanced to Rs.15,000/- and
Rs.10,000/- respectively. The Tribunal has not awarded any amount towards
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C.M.A.No.80 of 2021
loss of amenities and damages to clothes. The appellant is entitled to a sum of
Rs.20,000/- and Rs.2,000/- towards loss of amenities and damages to clothes
respectively. 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 30,000/- 30,000/- Confirmed
2. Pain and sufferings 20,000/- 20,000/- Confirmed
3. Loss of income 13,000/- 60,000/- Enhanced
4. Extra nourishment 15,000/- 15,000/- Confirmed
5. Loss of future 20,000/- 20,000/- Confirmed
prospects
6. Attendant charges 4,000/- 15,000/- Enhanced
7. Medical expenses 1,71,041/- 1,71,041/- Confirmed
8. Transportation 5,000/- 10,000/- Enhanced
9. Loss of amenities - 20,000/- Granted
10. Damages to clothes - 2,000/- Granted
Total Rs.2,78,041/- Rs.3,63,041/- Enhanced by
rounded off to rounded off to Rs.85,000/-
Rs.2,78,050/- Rs.3,63,050/-
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C.M.A.No.80 of 2021
12.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.2,78,050/- is hereby
enhanced to Rs.3,63,050/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. The 2 nd 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, to the credit of M.C.O.P.No.7188 of 2013 on the file of the Motor
Accident Claims Tribunal, Special Subordinate Judge No.I, Small Causes
Court, Chennai. 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. No costs.
27.01.2021
krk
Index : Yes / No
Internet : Yes / No
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C.M.A.No.80 of 2021
To
1.The Special Subordinate Judge No.I,
Motor Accident Claims Tribunal,
Small Causes Court,
Chennai.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.80 of 2021
V.M.VELUMANI, J.
krk
C.M.A.No.80 of 2021
27.01.2021
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