Madras High Court
Uthirasamy vs Satheeshkumar on 27 January, 2021
C.M.A.No.74 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.74 of 2021
Uthirasamy .. Appellant
Vs.
1.Satheeshkumar
2.The United India Insurance Company Limited,
Divisional Office, HUB Ranga Building,
Peramanur Main Road, Peramanur,
Salem – 636 007. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
02.06.2020 made in M.C.O.P.No.1190 of 2016 on the file of the Motor
Accident Claims Tribunal, Special Sub Court No.I, Salem.
For Appellant : Mr.T.S.Arthanareeswaran
for Mr.C.Paraneedharan
For R2 : Ms.I.Malar
JUDGMENT
The matter is heard through “Video Conferencing”.
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C.M.A.No.74 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 02.06.2020 made in
M.C.O.P.No.1190 of 2016 on the file of the Motor Accident Claims Tribunal,
Special Sub Court No.I, Salem.
4.The appellant is the claimant in M.C.O.P.No.1190 of 2016 on the file
of the Motor Accident Claims Tribunal, Special Sub Court No.I, Salem. He
filed the above said claim petition, claiming a sum of Rs.15,00,000/- as
compensation for the injuries sustained by him in the accident that took place
on 01.01.2016.
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.3,15,081/- as
compensation to the appellant at the first instance and recover the same from
the 1st respondent.
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C.M.A.No.74 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 head injury, both bone fracture in left leg, D/3
with fracture in right temporal bone, bilateral frontal contusion with thin SDH
at right frontal area. The Medical Board, Government Hospital, Omalur
examined the appellant and certified that appellant suffered 25% disability
and issued disability certificate Ex.C1 to that effect. The Tribunal awarded a
meagre sum of Rs.75,000/- towards disability at the rate of Rs.3,000/- per
percentage of disability. The accident occurred in the year 2016 and the
Tribunal ought to have awarded a sum of Rs.5,000/- per percentage of
disability. At the time of accident, the appellant was working as Mason and
was earning a sum of Rs.25,000/- per month. But the Tribunal fixed a meagre
sum of Rs.7,500/- per month as notional income of the appellant and awarded
compensation towards loss of income only for five months. The appellant has
taken treatment at Government Hospital, Tiruchengode and also at Krishna
Hospital, Tiruchengode as inpatient for 17 days from 01.01.2016 to
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C.M.A.No.74 of 2021
17.01.2016. The Tribunal failed to award any amount towards future medical
expenses. The amounts awarded by the Tribunal towards loss of income, pain
and sufferings, attendant charges and extra nourishment 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
Medical Board and awarded a sum of Rs.75,000/- for 25% 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.7,500/-
per month as notional income of the appellant and awarded compensation
towards loss of income for five months, which 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.
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.
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C.M.A.No.74 of 2021
10.From the materials available on record, it is seen that it is the
contention of the appellant that in the accident he suffered head injury, both
bone fracture in left leg, D/3 with fracture in right temporal bone, bilateral
frontal contusion with thin SDH at right frontal area. The Medical Board,
Government Hospital, Omalur examined the appellant and certified that
appellant suffered 25% disability. The disability certificate issued by the
Medical Board, Government Hospital, Omalur was marked as Ex.C1. The
Tribunal accepted the disability certificate issued by the Medical Board and
awarded a sum of Rs.75,000/- for 25% of 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 2016. 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.1,25,000/- (Rs.5,000/- X 25% disability).
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C.M.A.No.74 of 2021
11.It is the contention of the appellant that at the time of accident, he
was working as a Mason and was earning a sum of Rs.25,000/- 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.7,500/-
per month as notional income of the appellant and awarded compensation
towards loss of income for five months. The accident occurred in the year
2016 and the notional income fixed by the Tribunal is meagre. Therefore, a
sum of Rs.14,000/- 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.70,000/- (Rs.14,000/- X 5 months). The appellant has taken
treatment at Government Hospital, Tiruchengode and also at Krishna
Hospital, Tiruchengode as inpatient for 17 days from 01.01.2016 to
17.01.2016. Considering the nature of injuries and period of treatment taken
by the appellant, the amounts awarded by the Tribunal towards attendant
charges, extra nourishment and damages to clothes are meagre and the same
are enhanced to Rs.20,000/-, Rs.20,000/- and Rs.3,000/- 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 towards pain
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C.M.A.No.74 of 2021
and sufferings, transportation, medical expenses, future medical expenses and
loss of amenities 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 75,000/- 1,25,000/- Enhanced
2. Pain and sufferings 25,000/- 25,000/- Confirmed
3. Loss of income 37,500/- 70,000/- Enhanced
4. Extra nourishment 12,500/- 20,000/- Enhanced
5. Damages to clothes 1,000/- 3,000/- Enhanced
6. Attendant charges 12,500/- 20,000/- Enhanced
7. Medical expenses 1,14,081/- 1,14,081/- Confirmed
8. Transportation 12,500/- 12,500/- Confirmed
9. Loss of amenities 25,000/- 25,000/- Confirmed
Total Rs.3,15,081/- Rs.4,14,581/- Enhanced by
Rs.99,500/-
12.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.3,15,081/- is hereby
enhanced to Rs.4,14,581/- 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,
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C.M.A.No.74 of 2021
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.1190 of 2016 on the file of the Motor
Accident Claims Tribunal, Special Sub Court No.I, Salem, 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 by making necessary applications before the Tribunal. No costs.
27.01.2021
krk
Index : Yes / No
Internet : Yes / No
To
1.The Special Subordinate Judge No.I,
Motor Accident Claims Tribunal,
Salem.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.74 of 2021
V.M.VELUMANI, J.
krk
C.M.A.No.74 of 2021
27.01.2021
https://www.mhc.tn.gov.in/judis/
