Madras High Court
Dhanusu vs R.Padmanaban on 1 July, 2021
C.M.A.No.1554 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.1554 of 2021
Dhanusu .. Appellant
Vs.
1.R.Padmanaban
2.The Divisional Manager,
The Reliance General Insurance Company Limited,
Plot No.2054, 2nd Floor, Raji's Towers,
Second Avenue, Anna Nagar, Chennai. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
01.02.2019 made in M.C.O.P.No.121 of 2015 on the file of the Motor
Accident Claims Tribunal, the Special Sub Court, Tiruvannamalai.
For Appellant : Mr.S.Panneer Selvam
For R2 : Mr.S.Arunkumar
1/9
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C.M.A.No.1554 of 2021
JUDGMENT
The matter is heard through “Video Conferencing/Hybrid mode”.
2.This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 01.02.2019 made in
M.C.O.P.No.121 of 2015 on the file of the Motor Accident Claims Tribunal,
the Special Sub Court, Tiruvannamalai.
3.The appellant is the claimant in M.C.O.P.No.121 of 2015 on the file
of the Motor Accident Claims Tribunal, the Special Sub Court,
Tiruvannamalai. He filed the above said claim petition, claiming a sum of
Rs.5,00,000/- as compensation for the injuries sustained by him in the
accident that took place on 07.09.2014.
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 Tata Ace vehicle belonging to the 1st respondent and directed
the 2nd respondent-Insurance Company to pay a sum of Rs.1,10,000/- as
compensation to the appellant.
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C.M.A.No.1554 of 2021
5.Not being satisfied with the amounts awarded by the Tribunal, the
appellant has come out with the present appeal seeking enhancement of
compensation.
6.The learned counsel appearing for the appellant contended that in the
accident the appellant suffered fracture of right hand and multiple injuries all
over the body. The Medical Board from Government Tiruvannamalai Medical
College Hospital examined the appellant and certified that appellant suffered
20% disability and issued disability certificate Ex.C1 to that effect. But the
Tribunal awarded a meagre sum of Rs.60,000/- towards disability at the rate
of Rs.3,000/- per percentage of disability. The accident occurred in the year
2014 and the Tribunal ought to have awarded more amount towards
disability. At the time of accident, the appellant was working as a Mason and
was earning a sum of Rs.15,000/- per month. But the Tribunal fixed a meagre
sum of Rs.5,000/- per month as notional income of the appellant and awarded
compensation towards loss of earning only for three months. The appellant
has taken treatment at JIPMER Hospital as inpatient for a period of one
month. The Tribunal failed to award any amount towards attendant charges.
The amounts awarded by the Tribunal towards pain and sufferings,
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C.M.A.No.1554 of 2021
transportation expenses and extra nourishment are meagre and prayed for
enhancement of compensation.
7.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.60,000/- for
20% of disability and the same is not meagre. The appellant has not produced
any material evidence to prove his avocation and income. In the absence of
any material evidence with regard to avocation and income, the Tribunal
fixed a sum of Rs.5,000/- per month as notional income of the appellant and
awarded compensation towards loss of earning for three months, which is not
meagre. The Tribunal considering the entire materials on record, has awarded
a sum of Rs.1,10,000/- 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.
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.1554 of 2021
9.It is the contention of the appellant that in the accident he suffered
fracture of right hand and multiple injuries all over the body. The Medical
Board from Government Tiruvannamalai Medical College Hospital examined
the appellant and certified that appellant suffered 20% disability. The
disability certificate issued by the Medical Board, Government
Tiruvannamalai Medical College Hospital was marked as Ex.C1. The
Tribunal following the judgment of the Hon'ble Apex Court reported in 2013
(2) TNMAC 583 (National Insurance Company Limited Erode Vs.
G.Ramesh and another), accepted the disability certificate issued by the
Medical Board and awarded a sum of Rs.60,000/- for 20% of disability at the
rate of Rs.3,000/- per percentage of disability and the same is not meagre.
10.It is the contention of the appellant that at the time of accident, he
was working as a Mason and was earning a sum of Rs.15,000/- per month. He
failed to prove the said contention. In the absence of any material evidence
with regard to avocation and income, the Tribunal fixed a sum of Rs.5,000/-
per month as notional income of the appellant which is proper. Due to the
injuries and disability suffered by the appellant in the accident, he would not
have attended his work atleast for a period of six months. Thus, the
compensation awarded by the Tribunal towards loss of income is modified to
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C.M.A.No.1554 of 2021
Rs.30,000/- (Rs.5,000/- X 6 months). The appellant has taken treatment at
JIPMER Hospital as inpatient for a period of one month. Considering the
nature of injuries and period of treatment taken by the appellant, the amount
awarded by the Tribunal towards pain & sufferings and extra nourishment are
meagre and the same are enhanced to Rs.30,000/- and Rs.10,000/-
respectively. The Tribunal has not awarded any amount towards attendant
charges. Considering the period of treatment taken by the appellant, a
reasonable amount of Rs.5,000/- is granted towards attendant charges. The
amount awarded by the Tribunal towards transportation expenses is just and
reasonable and hence, the same is 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 60,000/- 60,000/- Confirmed
2. Pain and sufferings 25,000/- 30,000/- Enhanced
3. Transportation 5,000/- 5,000/- Confirmed
Expenses
4. Loss of earning 15,000/- 30,000/- Enhanced
during the treatment
period
5. Extra nourishment 5,000/- 10,000/- Enhanced
6. Attendant charges - 5,000/- Granted
Total Rs.1,10,000/- Rs.1,40,000/- Enhanced by
Rs.30,000/-
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C.M.A.No.1554 of 2021
11.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.1,10,000/- is hereby
enhanced to Rs.1,40,000/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. The 2 nd 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.C.O.P.No.121 of 2015 on the file of the Motor
Accident Claims Tribunal, the Special Sub Court, Tiruvannamalai. 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.30,000/- now enhanced by this Court, as per the order of this Court dated
23.04.2021 made in C.M.P.No.5291 of 2021 in C.M.A.No.SR.19624 of 2021.
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
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C.M.A.No.1554 of 2021
To
1.The Special Subordinate Judge,
Motor Accident Claims Tribunal,
Tiruvannamalai
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.1554 of 2021
S.KANNAMMAL, J.
mtl
C.M.A.No.1554 of 2021
01.07.2021
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