M.Poongodi vs The Commissioner Of Police
2021 Latest Caselaw 953 Mad

                                                                           C.M.A. No.2004 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 18.01.2021

                                                         CORAM:

                                   THE HONOURABLE MS.JUSTICE V.M.VELUMANI

                                                C.M.A.No.2004 of 2020

                   M.Poongodi                                                   .. Appellant
                                                           Vs.

                   The Commissioner of Police,
                   Egmore,
                   Chennai 600 008.                                            .. Respondent

                   Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor

                   Vehicles Act, 1988, against the judgment and decree dated 30.11.2009, made

                   in M.C.O.P. No.4603 of 2004, on the file of the Fast Track Court No.1,

                   Additional District Judge, (Motor Accident Claims Tribunal) Chennai.


                                         For Appellant     : Mrs.Ramya V. Rao
                                                             for M/s.A.N.Viswanatha Rao

                                         For Respondent    : Mr.Y.T.Aravind Gosh
                                                           Additional Government Pleader



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https://www.mhc.tn.gov.in/judis/
                                                                              C.M.A. No.2004 of 2020

                                                   JUDGMENT

The matter is heard through "Video Conferencing".

This appeal has been filed for enhancement of compensation granted

by the award dated 30.11.2009, made in M.C.O.P. No.4603 of 2004, on the

file of the Fast Track Court No.1, Additional District Judge, (Motor Accident

Claims Tribunal) Chennai.

2.By consent of the learned counsel appearing for the appellant as well

as the respondent, the appeal is taken up for final disposal at the admission

stage itself.

3.The appellant-claimant filed M.C.O.P. No.4603 of 2004, on the file

of the Fast Track Court No.1, Additional District Judge, (Motor Accident

Claims Tribunal) Chennai, claiming a sum of Rs.5,00,000/- as compensation

for the injuries sustained by her in the accident that took place on 03.07.2004.

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4.The Tribunal considering the pleadings, oral and documentary

evidence, held that the accident occurred due to rash and negligent driving by

driver of the Jeep belonging to the respondent and directed the respondent to

pay a sum of Rs.84,730/- as compensation to the appellant.

5.Not being satisfied with the amounts awarded by the Tribunal in the

award dated 30.11.2009, made in M.C.O.P. No.4603 of 2004, 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 severe injuries with 7th nerve palsy, Rt.

Temporal thin SDH, small punctuate contusion, right ear bleeding and

multiple injuries all over the body. She has taken treatment as in-patient at

Government Hospital, Chennai from 03.07.2004 to 19.07.2004 and continued

her outpatient treatment at Government Hospital, Chennai and Chettinad

Hospital. The appellant examined P.W.2 Doctor who assessed that the

appellant suffered 60% disability. The Tribunal without assigning any reason,

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reduced the same to 35% and awarded compensation by adopting percentage

method. The Tribunal ought to have awarded compensation towards loss of

earning by adopting multiplier method. The Tribunal also failed to award any

amount towards attendant charges, loss of amenities, loss of marital prospects

and loss of expectancy of life. The amounts awarded by the Tribunal towards

transportation, disability, pain and sufferings and extra nourishment are

meagre and prayed for enhancement of the compensation.

7.Per contra, the learned Additional Government Pleader appearing for

the respondent contended that the Tribunal considering the nature of injuries,

rightly reduced the percentage of disability on the ground that the percentage of

disability assessed may vary from doctor to doctor, but erroneously awarded

excessive amount of Rs.70,000/- towards disability at the rate of Rs.2,000/- per

percentage of disability. Hence, the appellant is not entitled to any enhancement

of the compensation. In any event, the total compensation awarded by the

Tribunal under different heads are not meagre and prayed for dismissal of the

appeal.

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8.Heard learned counsel appearing for the appellant as well as the learned

Additional Government Pleader appearing for the respondent 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 she suffered multiple and grievous injuries all over

the body. P.W.2 Doctor examined the appellant and certified that the appellant

suffered 60% disability. To prove the same, the appellant has marked O.P. Chit

and disability certificate as Exs.P4 and P8 respectively. The Tribunal reduced the

percentage of disability to 35% on the ground that assessment of disability may

vary from Doctor to Doctor. The reason given by the Tribunal for reducing the

percentage of disability is not correct. The respondent has not let in any evidence

to disprove the evidence of P.W.2 Doctor and Ex.P8- disability certificate.

Hence, the appellant is entitled to compensation for 60% disability, as assessed

by P.W.2 Doctor. The Tribunal erroneously awarded a sum of Rs.70,000/-

towards disability at the rate of Rs.2,000/- per percentage. The accident is of the

year 2004. The appellant is entitled to a sum of Rs.1,500/- per percentage of

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disability. Hence, the amount awarded by the Tribunal towards disability is

enhanced to Rs.90,000/- [Rs.1,500/- x 60%], at the rate of Rs.1,500/- per

percentage for 60% disability.

10.It is the contention of the appellant that for the injuries sustained in

the accident, she took treatment as in-patient at Government Hospital,

Chennai from 03.07.2004 to 19.07.2004 and continued her outpatient

treatment at Government Hospital, Chennai and Chettinad Hospital. The

Tribunal failed to award any amount towards attendant charges. Considering

the period of treatment taken, a sum of Rs.10,000/- is awarded towards

attendant charges. Due to the disability and injuries sustained in the accident,

the appellant would have suffered inconvenience. The Tribunal failed to

award any amount towards loss of amenities. Hence, a sum of Rs.15,000/- is

granted towards loss of amenities. The amounts awarded by the Tribunal

towards transportation, extra nourishment and pain and suffering are meagre.

Considering the nature of injuries and period of treatment taken, the same are

enhanced to Rs.3,000/-, Rs.3,000/- and Rs.10,000/- respectively. The amount

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awarded by the Tribunal towards medical expenses is just and reasonable and

hence, the same is 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. Transportation 1,000/- 3,000/- Enhanced

2. Pain and suffering, 8,000/- 10,000/- Enhanced mental shock and agony

3. Extra nourishment 1,000/- 3,000/- Enhanced

4. Medical expenses 4,730/- 4,730/- Confirmed

5. Disability 70,000/- 90,000/- Enhanced

6. Attendant charges - 10,000/- Granted

7. Loss of amenities - 15,000/- Granted Total 84,730/- 1,35,730/- Enhanced by Rs.51,000/-

11.In the result, the appeal is partly allowed and the amount awarded

by the Tribunal at Rs.84,730/- is enhanced to Rs.1,35,730/- together with

interest at the rate of 7.5% per annum from the date of petition till the date of

deposit. The respondent is directed to deposit the award amount, now

determined by this Court, along with interest and costs, within a period of six

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weeks from the date of receipt of a copy of this judgment, to the credit of

M.C.O.P. No.4603 of 2004. 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. No costs.

18.01.2021 gsa

To

1.The Additional District Judge, Fast Track Court No.1, (Motor Accident Claims Tribunal), Chennai.

2.The Section Officer, V.R Section, High Court, Madras.

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V.M.VELUMANI, J.,

gsa

C.M.A.No.2004 of 2020

18.01.2021

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