Madras High Court
S.Vinotha vs Prashant Kumar on 1 July, 2021
C.M.A.No.1764 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.07.2021
CORAM:
THE HONOURABLE TMT.JUSTICE S.KANNAMMAL
C.M.A.No.1764 of 2021
S.Vinotha .. Appellant
Vs.
1.Prashant Kumar
(Since R1 remained ex parte before the Tribunal,
his presence may be dispense with)
2.United India Insurance Company Limited,
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
26.03.2019 made in M.A.C.T.O.P.No.4172 of 2016 on the file of the Motor
Accident Claims Tribunal, Special Sub Court No.1, Small Causes Court,
Chennai.
For Appellant : Ms.M.Malar
For R2 : Mr.J.Chandran
1/9
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1764 of 2021
JUDGMENT
The matter is heard through “Video Conferencing”.
2.This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 26.03.2019 made in
M.A.C.T.O.P.No.4172 of 2016 on the file of the Motor Accident Claims
Tribunal, Special Sub Court No.1, Small Causes Court, Chennai.
3.By consent of both the parties, this Civil Miscellaneous Appeal has
been taken up for final disposal at the admission stage itself.
4.The appellant is the claimant in M.A.C.T.O.P.No.4172 of 2016 on
the file of the Motor Accident Claims Tribunal, Special Sub Court No.1,
Small Causes Court, Chennai. She filed the above said claim petition,
claiming a sum of Rs.10,00,000/- as compensation for the injuries sustained
by her in the accident that took place on 07.04.2016.
5.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent riding by
the rider of the motorcycle belonging to the 1 st respondent and directed the 2nd
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1764 of 2021
respondent-Insurance Company to pay a sum of Rs.98,200/- as compensation
to the appellant.
6.Not being satisfied with the amounts awarded by the Tribunal, the
appellant has come out with the present appeal seeking enhancement of
compensation.
7.The learned counsel appearing for the appellant contended that in the
accident the appellant suffered grievous and multiple injuries all over the
body. The Regional Medical Board from Government Kilpauk Medical
College Hospital, Chennai examined the appellant and certified that appellant
suffered 10% disability and issued disability certificate Ex.C1 to that effect.
But the Tribunal awarded a meagre sum of Rs.30,000/- towards disability at
the rate of Rs.3,000/- per percentage of disability. The accident occurred in
the year 2016 and the Tribunal ought to have awarded more amount towards
disability. The Tribunal ought to have adopted multiplier method and
awarded compensation for loss of earning capacity. At the time of accident,
the appellant was working as Tailor and was earning a sum of Rs.15,000/- per
month. But the Tribunal awarded a meagre sum of Rs.12,000/- towards loss
of earning during the period of treatment. The appellant has taken treatment
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1764 of 2021
at Essvee Hospital, Chennai as inpatient for two day on 07.04.2016 and
08.04.2016. The Tribunal failed to award any amount towards future medical
expenses, loss of amenities, damages to clothes and mental agony. The
amounts awarded by the Tribunal towards pain & sufferings, transportation,
medical expenses, extra nourishment, attendant charges and loss of future
prospectus are meagre and prayed for enhancement of compensation.
8.Per contra, the learned counsel appearing for the 2nd respondent-
Insurance Company contended that the Tribunal accepted the disability
certificate issued by the Medical Board and awarded a sum of Rs.30,000/- for
10% of disability and the same is not meagre. The appellant has not proved
that she suffered functional disability and lost her earning capacity. Hence,
she is not entitled to any amount towards loss of earning capacity by adopting
multiplier method. The Tribunal considering the entire materials on record,
has awarded a sum of Rs.98,200/- as compensation to the appellant under
different heads and the same is not meagre. The appellant has not made out
any case for enhancement of compensation and prayed for dismissal of the
appeal.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1764 of 2021
9.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.
10.It is the contention of the appellant that in the accident she suffered
grievous and multiple injuries all over the body. The Regional Medical
Board, Government Kilpauk Medical College Hospital, Chennai examined
the appellant and certified that appellant suffered 10% disability. The
disability certificate issued by the Medical Board, Government Kilpauk
Medical College Hospital, Chennai was marked as Ex.C1. The Tribunal
accepted the disability certificate issued by the Medical Board and awarded a
sum of Rs.30,000/- for 10% of disability at the rate of Rs.3,000/- per
percentage of disability which is proper. The appellant has not proved that
she suffered functional disability and lost her earning capacity. Hence, she is
not entitled to any amount towards loss of earning capacity by adopting
multiplier method.
11.It is the contention of the appellant that she has taken treatment at
Essvee Hospital, Chennai as inpatient for two days on 07.04.2016 and
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1764 of 2021
08.04.2016. Considering the nature of injuries and period of treatment taken
by the appellant, the amounts awarded by the Tribunal towards pain &
sufferings, transportation and attendant charges are meagre and hence the
same are hereby enhanced to Rs.50,000/-, Rs.5,000/- and Rs.2,000/-
respectively. The amounts awarded by the Tribunal towards medical
expenses, extra nourishment and loss of amenities 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 30,000/- 30,000/- Confirmed
2. Pain and sufferings 20,000/- 50,000/- Enhanced
3. Transportation 3,000/- 5,000/- Enhanced
4. Medical Expenses 12,639/- 12,639/- Confirmed
5. Extra nourishment 10,000/- 10,000/- Confirmed
6. Attendant charges 500/- 2,000/- Enhanced
7. Loss of earnings 12,000/- 12,000/- Confirmed
8. Loss of amenities 10,000/- 10,000/- Confirmed
Total Rs.98,139/- Rs.1,31,639/- Enhanced by
rounded off to rounded off to Rs.33,500/-
Rs.98,200/- Rs.1,31,700/-
12.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.98,200/- is hereby enhanced
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1764 of 2021
to Rs.1,31,700/- together with interest at the rate of 7.5% per annum from the
date of petition till the date of deposit. The 2nd respondent-Insurance
Company 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.A.C.T.O.P.No.4172 of 2016 on the file of the
Motor Accident Claims Tribunal, Special Sub Court No.1, Small Causes
Court, Chennai. 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. The appellant is not entitled to any interest for the delay
period on Rs.33,500/- now enhanced by this Court, as per the order of this
Court dated 17.06.2021 made in C.M.P.No.5438 of 2021 in
C.M.A.No.SR.24128 of 2020. The appellant is directed to pay the necessary
Court fee for the enhanced amount of compensation. No costs.
01.07.2021
mtl
Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1764 of 2021
To
1.The Special Subordinate Judge No.1,
Motor Accident Claims Tribunal,
Small Causes Court,
Chennai.
2.The Section Officer,
VR Section,
High Court,
Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1764 of 2021
S.KANNAMMAL, J.
mtl
C.M.A.No.1764 of 2021
01.07.2021
https://www.mhc.tn.gov.in/judis/
