Madras High Court
P.Mahendiran vs A.Subramani on 6 January, 2021
C.M.A.No.1810 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.1810 of 2019
P.Mahendiran .. Appellant
Vs.
1.A.Subramani
2.The Branch Manager
United India Insurance Company Ltd.
T.K.M.Complex, First Floor
46-51, Katpadi Road
Vellore-632 004. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the judgment and decree dated 28.04.2009
made in M.C.O.P.No.63 of 2005 on the file of Motor Accident Claims
Tribunal, Additional District Court, Dharmapuri.
For Appellant : Mr.K.Prasanna
for Mr.M.Sriram
For R2 : Ms.I.Malar
1/8
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C.M.A.No.1810 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 28.04.2009 made in
M.C.O.P.No.63 of 2005 on the file of Motor Accident Claims Tribunal,
Additional District Court, Dharmapuri.
2.The appellant is claimant in M.C.O.P.No.63 of 2005 on the file of
Motor Accident Claims Tribunal, Additional District Court, Dharmapuri. He
filed the said claim petition claiming a sum of Rs.3,00,000/- as compensation
for the injuries sustained by him in the accident that took place on
16.07.2003.
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 lorry belonging to the 1st respondent and directed both the
1st respondent as well as the 2nd respondent/Insurance Company being
insurer of the said lorry to jointly and severally pay a sum of Rs.30,000/- as
compensation to the appellant.
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C.M.A.No.1810 of 2019
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 running a paanipoori stall in pushing cart and was earning a
sum of Rs.4,000/- per month. In the accident, the appellant sustained grievous
injuries all over the body. P.W.2/Doctor after examining the appellant,
certified that the appellant suffered 20% disability. Due to the injuries, the
appellant could not do the work as he was doing earlier. The Tribunal ought
to have adopted multiplier method to award compensation. The Tribunal
awarded only a sum of Rs.25,000/- towards disability and Rs.5,000/- towards
pain and suffering. The Tribunal has not awarded any compensation towards
loss of income, transportation, extra nourishment, attendant charges and loss
of amenities and prayed for enhancement of compensation.
6.Per contra, the learned counsel appearing for the 2nd
respondent/Insurance Company contended that the appellant has not proved
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C.M.A.No.1810 of 2019
that he suffered functional disability and lost his earning power and therefore,
he is not entitled to any compensation by adopting multiplier method. The
Total compensation awarded by the Tribunal is not meagre. The appellant has
not made out any case for 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 and perused the entire
materials on record.
8.From the materials available on records, it is seen that it is the
contention of the appellant that in the accident, he suffered fracture on right
side of occipital bone and injuries on his left eye brow, upper lip and left leg.
P.W.2/Doctor examined the appellant and certified that the appellant suffered
20% disability. The Tribunal awarded a sum of Rs.25,000/- towards disability.
The compensation awarded by the Tribunal towards disability is not meagre.
P.W.2/Doctor has not deposed that the appellant suffered functional disability
and lost his earning capacity. Hence, the appellant is not entitled to
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C.M.A.No.1810 of 2019
compensation by adopting multiplier method. Due to the injuries, the
appellant would have suffered some pain. The Tribunal awarded a sum of
Rs.5,000/- towards pain and suffering, which is meagre and hence, the same
is hereby enhanced to Rs.10,000/-. According to the appellant, he has taken
treatment as in-patient in Government Hospital, Dharmapuri, from
16.07.2013 to till date of filing appeal. He has not produced any discharge
summary to prove the same. Therefore, the appellant is not entitled to any
compensation towards attendant charges. The Tribunal has not awarded any
compensation towards extra nourishment, damage to clothes and loss of
amenities. Considering the nature of injuries and disability, Rs.3,000/-,
Rs.1,000/- and Rs.5,000/- are awarded towards extra nourishment, damage to
clothes and loss of amenities respectively.
8(i) According to the appellant, he was running a paanipoori stall in
pushing cart and was earning a sum of Rs.4,000/- per month. The appellant
failed to prove the same. The accident is of the year 2003 and hence, a sum of
Rs.3,000/- per month is fixed as notional income of the appellant. Due to the
injuries, the appellant would not have attended his work atleast for a period
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C.M.A.No.1810 of 2019
of three months. Hence, a sum of Rs.9,000/- (Rs.3,000/- X 3) is awarded
towards loss of income. 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. Disability 25,000 25,000 Confirmed
2. Pain and 5,000 10,000 Enhanced
suffering
3. Loss of income - 9,000 Granted
4. Extra - 3,000 Granted
nourishment
5. Damage to - 1,000 Granted
clothes
6. Loss of - 5,000 Granted
amenities
Total 30,000 53,000 Enhanced by
Rs.23,000/-
9.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.30,000/- is hereby enhanced
to Rs.53,000/- together with interest at the rate of 7.5% per annum from the
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C.M.A.No.1810 of 2019
date of petition till the date of deposit. It is made clear that the appellant is
not entitled for any interest for the delay period on the amount of Rs.23,000/-
enhanced by this Court as per the order of this Court dated 28.01.2019 made
in M.P.No.1 of 2012 in C.M.A.SR.No.30826 of 2012. The respondents 1 & 2
are jointly and severally directed to deposit the enhanced 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. On such deposit, the appellant is permitted to
withdraw the enhanced award amount along with interest and costs, less the
amount if any, already withdrawn. No costs.
06.01.2021
Index : Yes / No
Internet : Yes/ No
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To
1.The Additional District Judge
Motor Accident Claims Tribunal
Dharmapuri.
2.The Section Officer
V.R.Section
High Court, Chennai.
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C.M.A.No.1810 of 2019
V.M.VELUMANI, J.,
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C.M.A.No.1810 of 2019
06.01.2021
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