Madras High Court
Venkatasamy vs Josephine Rajkumari on 11 January, 2021
C.M.A.No.3190 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.3190 of 2019
Venkatasamy .. Appellant
Vs.
1.Josephine Rajkumari
(R1 remained exparte before the
Tribunal)
2.M/s.United India Insurance Co. Ltd.
Motor Third Party Claims Office
No.134, Greams Road
Chennai-600 006. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the judgment and decree dated 30.01.2019
made in M.C.O.P.No.5920 of 2015 on the file of Motor Accident Claims
Tribunal, V Small Causes Court, Chennai.
1/9
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C.M.A.No.3190 of 2019
For Appellant : Mr.T.G.Ravichandran
For R1 : No appearance
For R2 : Mr.J.Chandran
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 30.01.2019 made in
M.C.O.P.No.5920 of 2015 on the file of Motor Accident Claims Tribunal, V
Small Causes Court, Chennai.
2.The appellant is claimant in M.C.O.P.No.5920 of 2015 on the file of
Motor Accident Claims Tribunal, V Small Causes Court, Chennai. He filed
the said claim petition claiming a sum of Rs.21,00,000/- as compensation for
the injuries sustained by him in the accident that took place on 30.01.2013.
3.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
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C.M.A.No.3190 of 2019
the driver of the auto belonging to the 1st respondent and directed the 2nd
respondent/Insurance Company being insurer of the said auto to pay a sum of
Rs.5,26,400/- as compensation to the appellant.
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 in the
accident, the appellant suffered fractures of right tibia, right distal radius and
multiple injuries all over the body. The Regional Medical Board after
examining the appellant, certified that the appellant suffered 15% disability
and the disability certificate was marked as Ex.C1. The Tribunal without any
valid reason, reduced the disability to 10% and awarded meagre amount as
compensation towards loss of earning. The appellant has taken treatment as
in-patient in Apollo Hospital, Chennai, from 31.01.2013 to 06.02.2013 and
again on 03.07.2013. The appellant was a farmer and was earning a sum of
Rs.25,000/- per month. The appellant could not do the work as he was doing
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C.M.A.No.3190 of 2019
earlier. The Tribunal has not awarded any compensation towards loss of
income during treatment period. The amounts awarded by the Tribunal under
different heads 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 has not
produced any document to prove that he suffered functional disability and
lost his earning power. The Tribunal without considering the same, erred in
adopting multiplier method to award compensation towards loss of earning.
Therefore, the appellant is not entitled to any enhancement of compensation
and prayed for dismissal of the appeal.
7.Though notice has been served on the 1st respondent and her name is
printed in the cause list, there is no representation on behalf of her either in
person or through counsel.
8.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.3190 of 2019
9.From the materials on record, it is seen that it is the contention of the
appellant that in the accident, he suffered fractures of right tibia, right distal
radius and multiple injuries all over the body. The Medical Board examined
the appellant and certified that the appellant suffered 15% disability. The
Tribunal reduced the disability to 10% and awarded a sum of Rs.84,000/-
towards loss of earning by adopting multiplier method, which is not proper.
The Tribunal, without there being any evidence to prove that the appellant
has suffered functional disability, adopted multiplier method and granted
compensation by reducing the disability by 5% from 15% to 10%. In view
of the same, the appellant is not entitled to any enhancement of compensation
towards loss of earning.
9(i)According to the appellant, he has taken treatment as in-patient in
Apollo Hospital, Chennai, from 31.01.2013 to 06.02.2013 and again on
03.07.2013. To prove the same, the appellant has marked the discharge
summaries as Exs.P7 and P8. A sum of Rs.3,600/- awarded by the Tribunal
towards attendant charges is meagre and hence, the same is hereby enhanced
to Rs.10,000/-. The Tribunal has awarded a sum of Rs.10,000/- altogether
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C.M.A.No.3190 of 2019
towards transportation and extra nourishment, which is meagre and hence,
Rs.10,000/- and Rs.5,000/- are awarded towards transportation and extra
nourishment respectively. The Tribunal has not awarded any compensation
towards damage to clothes. Hence, a sum of Rs.2,000/- is awarded towards
damage to clothes.
9(ii) The appellant has contended that he was aged 63 years, he was a
farmer and was earning a sum of Rs.25,000/- per month at the time of
accident. Due to the injuries, the appellant could not do the work as he was
doing earlier and the Tribunal has not awarded any compensation towards
loss of income during treatment period. From the discharge summaries filed
by the appellant, it is seen that the appellant was advised rest for a period of
two months. Considering the age of the appellant and discharge summaries, a
sum of Rs.30,000/- is awarded towards loss of income during treatment
period. 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:
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C.M.A.No.3190 of 2019
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. Transportation 10,000 10,000
and extra
nourishment 5,000 Enhanced
3. Loss of earning 84,000 84,000 Confirmed
4. Medical 3,98,760 3,98,760 Confirmed
expenses
5. Loss of 10,000 10,000 Confirmed
amenities
6. Attendant 3,600 10,000 Enhanced
charges
7. Damage to - 2,000 Granted
clothes
8. Loss of income - 30,000 Granted
during
treatment
period
Total 5,26,360 5,69,760 Enhanced by
rounded off to rounded off to Rs.43,400/-
5,26,400 5,69,800
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C.M.A.No.3190 of 2019
10.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.5,26,400/- is hereby
enhanced to Rs.5,69,800/- 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.
11.01.2021
Index : Yes / No
Internet : Yes/ No
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To
1.V Judge
Motor Accident Claims Tribunal
Small Causes Court, Chennai.
2.The Section Officer
V.R.Section, High Court, Chennai.
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C.M.A.No.3190 of 2019
V.M.VELUMANI, J.,
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C.M.A.No.3190 of 2020
11.01.2021
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