Madras High Court
Nagarajan vs Bala & Balamurugan on 7 January, 2021
C.M.A. No.1987 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.01.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.1987 of 2020
Nagarajan .. Appellant
Vs.
1.Bala & Balamurugan
(R1 remained exparte before the Tribunal)
2.Gunasekaran
3.The New India Assurance Co. Ltd.,
Karaikal, Rep. By its Branch Manager,
Having Office at 1st Floor,
MAJ Appartments, No.149, Bharathiar Road,
Karaikal town and District Munsifi. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree dated 23.03.2020, made
in M.C.O.P. No.84 of 2014, on the file of the District Judge, (Motor Accident
Claims Tribunal) Karaikal.
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C.M.A. No.1987 of 2020
For Appellant : Mr.K.Varadhakamaraj
For Respondents : Mr.J. Chandran (For R3)
JUDGMENT
The matter is heard through "Video Conferencing".
This appeal has been filed for enhancement of compensation granted
by the award dated 23.03.2020, made in M.C.O.P. No.84 of 2014, on the file
of the District Judge, (Motor Accident Claims Tribunal) Karaikal.
2.By consent of the learned counsel appearing for the appellant as well
as the 3rd respondent, the appeal is taken up for final disposal at the admission
stage itself.
3.The appellant-claimant filed M.C.O.P. No.84 of 2014, on the file of
the District Judge, (Motor Accident Claims Tribunal) Karaikal, claiming a
sum of Rs.50,00,000/- as compensation for the injuries sustained by him in
the accident that took place on 18.03.2014.
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C.M.A. No.1987 of 2020
4.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent riding by
1st respondent, rider of the Motorcycle belonging to the 2nd respondent and
directed the 3rd respondent, as insurer of the offending vehicle, to pay a sum
of Rs.1,63,750/- as compensation to the appellant.
5.Not being satisfied with the amounts awarded by the Tribunal in the
award dated 23.03.2020, made in M.C.O.P. No.84 of 2014, the appellant has
come out with the present appeal.
6.The learned counsel appearing for the appellant contended that in the
accident, the appellant suffered grievous injuries all over the body and
underwent surgeries and suffered disability. The Medical Board has assessed
that the appellant suffered 9% disability and issued disability certificate,
marked as Ex.C1. At the time of accident, the appellant was working as
Electrician cum A/c Mechanic. The Tribunal ought to have fixed a sum of
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C.M.A. No.1987 of 2020
Rs.500/- per day as notional income and determined loss of income. The
Tribunal failed to award any enhancement towards future prospects, loss of
earning power, loss of amenities and future medical expenses. The amounts
awarded by the Tribunal towards attendant charges, transportation, extra
nourishment and pain and suffering are meagre and prayed for enhancement
of the compensation.
7.Per contra, the learned counsel appearing for the 3rd respondent-
Insurance Company contended that the Tribunal considering the nature of
injuries and disability certificate issued by Medical Board, accepted 9%
disability assessed by the Medical Board and awarded compensation towards
disability at the rate of Rs.3,000/- per percentage for 9% disability. The
appellant failed to prove his avocation and income. Hence, the Tribunal rightly
did not award any amount towards loss of income. The compensation awarded
by the Tribunal under different heads are not meagre. The appellant has not
made out any case for enhancement of the compensation and prayed for
dismissal of the appeal.
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C.M.A. No.1987 of 2020
8.Heard learned counsel appearing for the appellant as well as the 3rd
respondent-Insurance Company and perused the materials available on record.
9.From the materials on record, it is seen that it is the contention of the
appellant that in the accident he suffered multiple and grievous injuries all over
the body. The Medical Board has examined the appellant and certified that the
appellant suffered 9% disability. To prove the same, the appellant has marked
discharge summary and disability certificate as Exs.P10 and C1 respectively.
The Tribunal accepted the percentage of disability assessed by the Medical
Board and awarded a sum of Rs.27,000/- towards disability at the rate of
Rs.3,000/- per percentage for 9% disability. The accident is of the year 2014.
The amount granted by the Tribunal is meagre. The appellant is entitled to a sum
of Rs.4,000/- per percentage for 9% disability. Hence, the amount awarded by
the Tribunal towards disability is enhanced to Rs.36,000/- [Rs.4,000/- x 9%],
at the rate of Rs.4,000/- per percentage for 9% disability. For the injuries
sustained in the accident, the appellant has taken treatment as in-patient in
Vinodhan memorial Hospital, Thanjavur from 19.03.2014 to 02.04.2014 and
underwent surgery for fixation of Maxila. Thereafter, he continued his
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C.M.A. No.1987 of 2020
treatment upto 08.08.2016. The amounts awarded by the Tribunal towards
attendant charges, extra nourishment and transportation to hospital are
meagre. Considering the nature of injuries and period of treatment taken, a
sum of Rs.15,000/- each is awarded towards attendant charges and extra
nourishment and Rs.10,000/- towards transportation to Hospital. The Tribunal
failed to award any amount towards loss of amenities. Considering the nature
of injuries, a sum of Rs.15,000/- is awarded towards loss of amenities.
10.It is the contention of the appellant that at the time of accident, he
was working as a Electrician cum A/c. Mechanic and was earning a sum of
Rs.500/- per day as salary and Rs.200/- per day as batta. He failed to prove the
same. The accident is of the year 2014. Considering the year of accident 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 accident, the appellant would not
have worked atleast for a period of three months. Thus, a sum of Rs.30,000/-
[Rs.10,000/- x 3 months], is awarded towards loss of income for three
months. The amount awarded by the Tribunal under other heads are just and
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C.M.A. No.1987 of 2020
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 this confirmed or
(Rs) Court (Rs) enhanced or
granted
1. Partial permanent 27,000/- 36,000/- Enhanced
disability
2. Pain and suffering 25,000/- 25,000/- Confirmed
3. Loss of convenience 5,000/- 5,000/- Confirmed
4. Medical bills 89,500/- 89,500/- Confirmed
5. Attendant charges 2,250/- 15,000/- Enhanced
6. Extra nourishment 10,000/- 15,000/- Enhanced
7. Transportation 5,000/- 10,000/- Enhanced
8. Loss of amenities - 15,000/- Granted
9. Loss of income - 30,000/- Granted
Total 1,63,750/- 2,40,500/- Enhanced by
Rs.76,750/-
11.In the result, the appeal is partly allowed and the amount awarded
by the Tribunal at Rs.1,63,750/- is enhanced to Rs.2,40,500/- together with
interest at the rate of 7.5% per annum from the date of petition till the date of
deposit. The 3rd respondent-Insurance Company is directed to deposit the
award amount, now determined by this Court, along with interest and costs,
within a period of six weeks from the date of receipt of a copy of this
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C.M.A. No.1987 of 2020
judgment, to the credit of M.C.O.P. No.84 of 2014. On such deposit, the
appellant is permitted to withdraw the award amount, now determined by this
Court, along with interest and costs, after adjusting the amount, if any already
withdrawn, by filing necessary applications before the Tribunal. The
appellant is directed to pay the necessary court fee on the enhanced award
amount. No costs.
07.01.2021
gsa
To
1.The District Judge,
(Motor Accident Claims Tribunal),
Karaikal.
2.The Section Officer,
V.R Section,
High Court, Madras.
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C.M.A. No.1987 of 2020
V.M.VELUMANI, J.,
gsa
C.M.A.No.1987 of 2020
07.01.2021
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