Madras High Court
Jayaprakash vs The Chairman on 7 January, 2021
C.M.A.No.1945 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.1945 of 2020
Jayaprakash .. Appellant
Vs.
1.The Chairman,
Mahindra Arts and Science College,
Kalipatty, Tiruchengode Taluk,
Namakkal District.
2.The National Insurance Company Limited,
Selvanayagi Complex, Perundurai Road,
First Floor, Erode – 638 011. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
27.02.2020 made in M.C.O.P.No.378 of 2017 on the file of the Motor
Accident Claims Tribunal, Special District Court, Erode.
For Appellant : Mr.T.S.Arthanareeswaran
for Mr.C.Paraneedharan
For R2 : Mr.J.Chandran
JUDGMENT
The matter is heard through “Video Conferencing”.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1945 of 2020
2.This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 27.02.2020 made in
M.C.O.P.No.378 of 2017 on the file of the Motor Accident Claims Tribunal,
Special District Court, Erode.
3.The appellant is the claimant in M.C.O.P.No.378 of 2017 on the file
of the Motor Accident Claims Tribunal, Special District Court, Erode. He
filed the above said claim petition, claiming a sum of Rs.10,00,000/- as
compensation for the injuries sustained by him in the accident that took place
on 07.03.2017.
4.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 to pay a sum of Rs.1,61,344/- 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
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1945 of 2020
compensation.
6.The learned counsel appearing for the appellant contended that in the
accident the appellant suffered fracture in lateral condyl and right tibial spine
avulsion and multiple injuries all over his body. The Medical Board examined
the appellant and certified that appellant suffered 7% disability and disability
certificate was marked as Ex.C1. The Tribunal has awarded only a meagre
sum of Rs.21,000/- towards disability at the rate of Rs.3,000/- per percentage
of disability. The Tribunal ought to have awarded a sum of Rs.5,000/- per
percentage of disability. The appellant has taken treatment as inpatient at
Thirukumaran Hospital, Tiruchengode for 5 days from 07.03.2017 to
11.03.2017. The Tribunal has not awarded any amount towards loss of
amenities, damages to clothes and future medical expenses. The appellant
was working as Conductor in TNSTC Bus and was earning a sum of
Rs.12,000/- per month. Due to the injuries and disability suffered by him in
the accident, he could not do the work as he was doing earlier. The Tribunal
has not awarded any amount towards loss of income. The amounts awarded
by the Tribunal under different heads are meagre and prayed for enhancement
of compensation.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1945 of 2020
7.Per contra, Mr.J.Chandran, learned counsel appearing for the 2nd
respondent-Insurance Company contended that the Medical Board examined
the appellant and certified that appellant suffered 7% disability. The Tribunal
considering the disability certificate issued by Medical Board, awarded a sum
of Rs.21,000/- towards disability at the rate of Rs.3,000/- per percentage of
disability and the same is not meagre. The Tribunal considering the entire
materials on record, has awarded a sum of Rs.1,61,344/- as compensation to
the appellant for the simple injuries sustained by him and the same is
excessive. 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 2nd respondent and perused the entire
materials on record.
9.From the materials available on record, it is seen that it is the
contention of the appellant that in the accident he suffered fracture in lateral
condyl and right tibial spine avulsion and multiple injuries all over his body.
To prove the nature of injuries and disability, the appellant was referred to the
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1945 of 2020
Medical Board, Erode. The Medical Board after examining the appellant,
certified that appellant suffered 7% disability and the disability certificate
was marked as Ex.C1. The Tribunal considering the disability certificate
issued by the Erode Medical Board, awarded a sum of Rs.21,000/- towards
disability at the rate of Rs.3,000/- per percentage of disability. The accident
occurred in the year 2017 and a sum of Rs.3,000/- per percentage of disability
awarded by the Tribunal is meagre. This Court by judgment dated 09.01.2020
made in C.M.A.No.4870 of 2019 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 rise 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 enhanced to Rs.35,000/-
(Rs.5,000/- X 7% of disability). The appellant has taken treatment as inpatient
at Thirukumaran Hospital, Tiruchengode for 5 days from 07.03.2017 to
11.03.2017. Considering the nature of injuries and disability suffered by the
appellant, a sum of Rs.20,000/- is awarded towards loss of amenities. A sum
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1945 of 2020
of Rs.3,000/- is granted towards damages to clothes. 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 appellant has not proved that he lost his income during
treatment period and that he could not do the work as he was doing earlier by
producing valid documents. Hence, the appellant is not entitled to any amount
towards loss of income. The amounts awarded by the Tribunal under 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. Description Amount awarded Amount awarded Award confirmed
No by Tribunal by this Court or enhanced or
(Rs) (Rs) granted
1. Disability 21,000/- 35,000/- Enhanced
2. Pain and sufferings 55,000/- 55,000/- Confirmed
3. Medical expenses 45,344/- 45,344/- Confirmed
4. Extra nourishment 10,000/- 10,000/- Confirmed
5. Attendant charges 25,000/- 25,000/- Confirmed
6. Transportation 5,000/- 5,000/- Confirmed
7. Loss of amenities - 20,000/- Granted
8. Damages to clothes - 3,000/- Granted
Total Rs.1,61,344/- Rs.1,98,344/- Enhanced by
Rs.37,000/-
10.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.1,61,344/- is hereby
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1945 of 2020
enhanced to Rs.1,98,344/- 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, to the
credit of M.C.O.P.No.378 of 2017 on the file of the Motor Accident Claims
Tribunal, Special District Court, Erode. 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.
07.01.2021
krk
Index : Yes / No
Internet : Yes / No
To
1.The Special District Judge,
Motor Accident Claims Tribunal,
Erode.
2.The Section Officer,
VR Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1945 of 2020
V.M.VELUMANI, J.
krk
C.M.A.No.1945 of 2020
07.01.2021
https://www.mhc.tn.gov.in/judis/
