Madras High Court
Ganesan vs Parthiban on 27 January, 2021
C.M.A.No.28 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.28 of 2021
Ganesan .. Appellant
Vs.
1.Parthiban
2.Ilamaran
3.The Branch Manager,
United India Insurance Company Limited,
Having Office at,
No.50, Jeevanandam Street,
Karaikal. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
25.10.2019 made in M.C.O.P.No.237 of 2015 on the file of the Motor
Accident Claims Tribunal, District Court, Karaikal.
For Appellant : Mr.K.Varadhakamaraj
For R3 : Mr.J.Chandran
JUDGMENT
The matter is heard through “Video Conferencing”.
C.M.A.No.28 of 2021
2.This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 25.10.2019 made in
M.C.O.P.No.237 of 2015 on the file of the Motor Accident Claims Tribunal,
District Court, Karaikal.
3.The appellant is the claimant in M.C.O.P.No.237 of 2015 on the file
of the Motor Accident Claims Tribunal, District Court, Karaikal. He filed the
above said claim petition, claiming a sum of Rs.25,00,000/- as compensation
for the injuries sustained by him in the accident that took place on
26.07.2015.
4.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 2nd respondent and directed the
3rd respondent-Insurance Company to pay a sum of Rs.3,62,000/- as
compensation to the appellant.
5.Not being satisfied with the amounts awarded by the Tribunal, the
appellant has come out with the present appeal seeking enhancement of
compensation.
C.M.A.No.28 of 2021
6.The learned counsel appearing for the appellant contended that in the
accident the appellant suffered multiple grievous injuries all over his body.
The Medical Board examined the appellant and certified that appellant
suffered 36% disability and issued Ex.P18/disability certificate. But, the
Tribunal has awarded a meagre sum of Rs.1,08,000/- towards disability at the
rate of Rs.3,000/- per percentage of disability. The Tribunal ought to have
awarded more compensation towards disability. The Tribunal ought to have
fixed loss of earning power of the appellant at 36% and granted compensation
for 36% loss of earning power. The appellant was aged 55 years, an Iron
Scrap Worker and was earning a sum of Rs.500/- per day. The Tribunal failed
to grant any amount towards loss of income during treatment period. The
appellant has taken treatment as inpatient at General Hospital, Karaikal for
three days and at Government Hospital, Pondicherry from 28.07.2015 to
17.08.2015 for 21 days and further at Vinayaga Mission Medical College and
Hospital on 22.01.2016 & 29.02.2016, 21.09.2016 & 03.10.2016 &
26.01.2017 and 01.02.2017. The Tribunal failed to award any amount towards
future medical expenses and future prospects. The amounts awarded by the
Tribunal towards pain and sufferings, attendant charges, extra nourishment,
transportation and loss of amenities are meagre and prayed for enhancement
of compensation.
C.M.A.No.28 of 2021
7.Per contra, the learned counsel appearing for the 3rd respondent
contended that the Tribunal accepted the disability certificate issued by the
Medical Board and awarded a sum of Rs.1,08,000/- for 36% of disability at
the rate of Rs.3,000/- per percentage of disability and the same is not meagre.
The appellant has not proved that he lost his income during treatment period
by producing valid documents. Hence, he is not entitled to any amount
towards loss of income during treatment period. The Tribunal has awarded
excessive amount of Rs.1,00,000/- each towards loss of amenities and pain
and sufferings and hence, the appellant is not entitled to any amount towards
future medical expenses and future prospects. The Tribunal considering the
entire materials on record, awarded a sum of Rs.3,62,000/- under different
heads as compensation to the appellant and the same is 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.
C.M.A.No.28 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 his body. The Medical Board examined the appellant and
certified that appellant suffered 36% disability and issued Ex.P18/disability
certificate. The Tribunal accepted the disability certificate issued by the
Medical Board and awarded a sum of Rs.1,08,000/- for 36% 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 2015. In view of the same, a sum of Rs.4,000/- is
awarded per percentage of disability. Thus, the compensation awarded by the
Tribunal towards disability is modified to Rs.1,44,000/- (Rs.4,000/- X 36%
disability). The appellant has not proved that he suffered functional disability
and lost his earning capacity. Hence, he is not entitled to any amount towards
loss of earning capacity.
C.M.A.No.28 of 2021
10.It is the contention of the appellant that due to the injuries and
disability suffered by him in the accident, he has taken treatment as inpatient
at General Hospital, Karaikal for three days and at Government Hospital,
Pondicherry from 28.07.2015 to 17.08.2015 for 21 days and further at
Vinayaga Mission Medical College and Hospital on 22.01.2016 &
29.02.2016, 21.09.2016 & 03.10.2016 & 26.01.2017 and 01.02.2017. It is the
further contention of the appellant that he was aged 55 years, working as an
Iron Scrap Worker and was earning a sum of Rs.500/- per day. He failed to
prove the said contention. The accident occurred in the year 2015.
Considering the year of accident, age and nature of work done by the
appellant, a sum of Rs.13,000/- per month is fixed as notional income of the
appellant. Considering the fact that the appellant has taken treatment as
inpatient in two different Hospitals on different spells from 26.07.2015 to
01.02.2017, he would not have attended his work atleast for a period of 12
months. Thus, the appellant is entitled to a sum of Rs.1,56,000/- (Rs.13,000/-
X 12 months) towards loss of income during treatment period. 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 transportation are meagre and the same are enhanced to
Rs.50,000/-, Rs.50,000/- and Rs.25,000/- respectively. The appellant has not
C.M.A.No.28 of 2021
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 and sufferings,
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 1,08,000/- 1,44,000/- Enhanced
2. Attendant charges 15,000/- 50,000/- Enhanced
3. Extra nourishment 25,000/- 50,000/- Enhanced
4. Transportation 10,000/- 25,000/- Enhanced
5. Pain and sufferings 1,00,000/- 1,00,000/- Confirmed
6. Loss of amenities 1,00,000/- 1,00,000/- Confirmed
7. Medical expenses 4,000/- 4,000/- Confirmed
8. Loss of income - 1,56,000/- Granted
Total Rs.3,62,000/- Rs.6,29,000/- Enhanced by
Rs.2,67,000/-
11.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.3,62,000/- is hereby
enhanced to Rs.6,29,000/- 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-
Insurance Company is directed to deposit the award amount now determined
C.M.A.No.28 of 2021
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.237 of 2015 on the file of the Motor
Accident Claims Tribunal, District Court, Karaikal. 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 District Judge,
Motor Accident Claims Tribunal,
Karaikal.
2.The Section Officer,
VR Section,
High Court,
Madras.
C.M.A.No.28 of 2021
V.M.VELUMANI, J.
krk
C.M.A.No.28 of 2021
27.01.2021
