Madras High Court
Sakthi vs Premalatha on 6 January, 2021
C.M.A.No.1958 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.1958 of 2020
Sakthi .. Appellant
Vs.
1.Premalatha
2.United India Insurance Co. Ltd.
Branch Office – III, Arjuna towers
248/164, Cherry Road, Salem-636 001. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the judgment and decree dated 27.09.2019
made in M.C.O.P.No.875 of 2018 on the file of 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
1/9
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C.M.A.No.1958 of 2020
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 27.09.2019 made in
M.C.O.P.No.875 of 2018 on the file of Motor Accident Claims Tribunal,
Special Sub Court No.I, Salem.
2.The appellant is claimant in M.C.O.P.No.875 of 2018 on the file of
Motor Accident Claims Tribunal, Special Sub Court No.I, Salem. She filed
the said claim petition claiming a sum of Rs.20,00,000/- as compensation for
the injuries sustained by her in the accident that took place on 05.12.2017.
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 bus belonging to the 1st respondent and directed the 2nd
respondent/Insurance Company being insurer of the said bus to pay a sum of
Rs.5,30,181/- as compensation to the appellant.
4.Not being satisfied with the amounts awarded by the Tribunal, the
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C.M.A.No.1958 of 2020
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 working as an agricultural coolie in her own lands and was
earning a sum of Rs.18,000/- per month. The Tribunal without considering
the same, erred in fixing notional income of the appellant as Rs.6,500/- per
month. In the accident, the appellant suffered fractures, open circumferential
degloving injury in left lower limb extending from proximal thigh to distal
leg, closed fracture in left 5th toe and stress induced hyperglycemia. The
appellant has taken treatment as in-patient in Ganga Medical Centre and
Hospital, Coimbatore, from 06.12.2017 to 23.12.2017 for 18 days and again
from 04.01.2018 to 13.01.2018 for ten days and underwent multiple
surgeries. Wound debridement and split skin grafting were done. Due to the
injuries, she could not do the work as she was doing earlier. The Medical
Board examined the appellant and certified that the appellant suffered 20%
disability. The Tribunal awarded a sum of Rs.3,000/- per percentage of
disability, which is meagre. The accident is of the year 2017 and the Tribunal
ought to have awarded a sum of Rs.5,000/- per percentage of disability. The
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C.M.A.No.1958 of 2020
Tribunal has not awarded any compensation towards future medical expenses.
The amounts awarded by the Tribunal towards pain and suffering, loss of
income and extra nourishment are meagre and prayed for enhancement of
compensation.
6.Per contra, the learned counsel appearing for the 2nd
respondent/Insurance Company contended that the appellant failed to prove
the avocation and income. In the absence of 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, which is not meagre. The amounts awarded
by the Tribunal under different heads are not meagre. The appellant is not
entitled to any 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/Insurance Company and
perused the entire materials on record.
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C.M.A.No.1958 of 2020
8.From the materials on record, it is seen that it is the contention of the
appellant that in the accident, she sustained multiple fractures and grievous
injuries all over the body. The Medical Board examined the appellant and
certified that the appellant suffered 20% disability. The Tribunal fixed the
disability as 20% and awarded a sum of Rs.3,000/- per percentage of
disability. The accident is of the year 2017 and the amount fixed by the
Tribunal per percentage of disability is meagre. This Court by judgment dated
09.01.2020 made in C.M.A.No.4870 of 2020 in the case of M/s.IFFCO
TOKIO General Insurance Company Limited vs. Venkatesh 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 hereby enhanced to Rs.1,00,000/- (Rs.5,000/- X 20%).
8(i) The appellant has taken treatment as in-patient in Ganga Medical
Centre and Hospital, Coimbatore, from 06.12.2017 to 23.12.2017 for 18 days
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C.M.A.No.1958 of 2020
and again from 04.01.2018 to 13.01.2018 for ten days and underwent
multiple surgeries. The amounts awarded by the Tribunal towards extra
nourishment, attendant charges and damage to clothes are meagre.
Considering the nature of injuries, disability and period of treatment taken by
the appellant, Rs.25,000/- each is awarded towards extra nourishment and
attendant charges and Rs.2,000/- is awarded towards damage to clothes.
8(ii) According to the appellant, she was working as an agricultural
coolie in her own lands and was earning a sum of Rs.18,000/- per month. The
appellant failed to substantiate the said contention. In the absence of any
material evidence with regard to income, the Tribunal fixed a sum of
Rs.6,500/- per month as notional income of the appellant, which is meagre.
The accident is of the year 2017 and the notional income of the appellant is
fixed at Rs.10,000/- per month. Due to the injuries, the appellant would not
have attended the 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). The appellant has not produced any document
to prove that she is still taking treatment. Therefore, the appellant is not
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C.M.A.No.1958 of 2020
entitled to any compensation towards future medical expenses. The amounts
awarded by the Tribunal under all 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.No Description Amount awarded Amount Award
by Tribunal awarded by confirmed or
(Rs) this Court enhanced or
(Rs) granted or
reduced
1. Pain and 20,000 20,000 Confirmed
suffering
2. Loss of income 39,000 60,000 Enhanced
3. Medical 3,45,181 3,45,181 Confirmed
expenses
4. Transportation 15,000 15,000 Confirmed
5. Extra 15,000 25,000 Enhanced
nourishment
6. Attendant 15,000 25,000 Enhanced
charges
7. Damage to 1,000 2,000 Enhanced
clothes
8. Loss of 20,000 20,000 Confirmed
amenities
9. Permanent 60,000 1,00,000 Enhanced
disability
Total 5,30,181 6,12,181 Enhanced by
Rs.82,000/-
9.In the result, this Civil Miscellaneous Appeal is partly allowed and
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C.M.A.No.1958 of 2020
the compensation awarded by the Tribunal at Rs.5,30,181/- is hereby
enhanced to Rs.6,12,181/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. The 2nd respondent 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. 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. No costs.
06.01.2021
Index : Yes / No
Internet : Yes/ No
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https://www.mhc.tn.gov.in/judis/
C.M.A.No.1958 of 2020
V.M.VELUMANI, J.,
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To
1.The Special Subordinate Judge - I
Motor Accident Claims Tribunal
Salem.
2.The Section Officer
V.R.Section
High Court, Chennai.
C.M.A.No.1958 of 2020
06.01.2021
https://www.mhc.tn.gov.in/judis/
