Madras High Court
A.Ravi vs Prabhu on 5 July, 2021
C.M.A. No.1341 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 05.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A. No.1341 of 2020
A.Ravi .. Appellant
Versus
1. Prabhu
2. Divisional Manager,
M/s.National Insurance Company Ltd.,
D.No.110 JN Street, Puducherry 605001. .. Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the judgment and decree dated 13.02.2020 in
MCOP.No.251 of 2016 on the file of the Motor Accidents Claims
Tribunal/Chief Judicial Magistrate, Cuddalore.
For appellant : Ms.Ramya V. Rao
For respondents
for R1 : returned as not known
for R2 : Mr.P.Sankaranarayanan
JUDGMENT
The appeal is heard through video conferencing.
2. Not being satisfied with the quantum of compensation awarded by the
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C.M.A. No.1341 of 2020
Motor Accidents Claims Tribunal/Chief Judicial Magistrate, Cuddalore, in
MCOP.No.251 of 2016, dated 13.02.2020, the present appeal has been filed by
the claimant for enhancement of the compensation amount.
3. It is the case of the appellant/claimant that, on 25.11.2015 at about
15.00 hours, he was riding his TVS 50 XL Super, bearing Registration
No.TN31-AH-7684 on Cuddalore to Chidambaram Main Road from South to
North direction on the extreme left side of the Road. When he was nearing
Sellangkuppam Sakkaralaya Motors, an Auto bearing Registration No.TN-31-
AB-7303 belonging to the first respondent and insured with the second
respondent, came behind him on the same side in a rash and negligent manner
at high speed and dashed against him. Due to the impact, the claimant suffered
fracture and multiple grievous injuries on his head. Immediately, he was
admitted as an in-patient in the Government Head Quarters Hospital,
Cuddalore and took treatment.
4. It is the further case of the claimant that he was working as Coolie
and earning Rs.10,000/- per month. Due to the accident, he could not continue
his avocation. Hence, he made a claim for a sum of Rs.8,00,000/- as
compensation.
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C.M.A. No.1341 of 2020
5. The said claim petition was resisted by the Insurance Company by
filing a counter statement denying the age, occupation and monthly income of
the deceased. They also denied the manner of the accident as stated by the
claimants in the claim petition. Thus, they sought for dismissal of the claim
petition.
6. In order to prove the claim on the side of the claimants, the claimant
examined himself as PW1 and marked Exs.P1 to P7. On the side of the
Insurance Company, RWs.1 and 2 were examined and Exs.R1 to R3 were
marked. The disability certificate issued by the Medical Board was marked as
Ex.C1 (Court document). Third party exhibits were also marked as Exs.X1 to
X4.
7. The Tribunal after analysing the entire evidence came to the
conclusion that the accident had occurred due to the rash and negligent driving
of the driver of the first respondent's Auto. By coming to such conclusion, the
Tribunal passed an award for a sum of Rs.1,08,452/- and directed the second
respondent/Insurance Company to pay the above compensation at first instance
and thereafter, permitted to recover the same from the first respondent/owner
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C.M.A. No.1341 of 2020
of the Auto. The break-up details of the amounts awarded by the Tribunal
under various heads are as follows:
S.No. Heads under which amounts are Amount in Rs.
awarded
1. For 15% Disability (15x3,000) 45,000
2. Loss of Income (3x6,000) 18,000
3. For Pain and Sufferings 20,000
4. Loss of Amenities 10,000
5. Transportation Expenses 5,000
6. Nutrition Expenses 2,000
7. Damages to Clothes 1,000
8. Medical Expenses 7,452
Total 1,08,452
8. It is the submission of the learned counsel for the appellant/claimant
that the claimant was working as a Coolie and earning Rs.10,000/- per month,
however, the Tribunal had taken only a very meagre amount of Rs.6,000/- as
notional monthly income of the claimant and awarded an inadequate
compensation of Rs.18,000/- under the head "Loss of Income". Further, as the
accident had occurred in the year 2015, the Tribunal ought to have fixed at
least a sum of Rs.10,000/- as notional monthly income of the claimant.
Consequently, the amount awarded under such head may be enhanced.
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C.M.A. No.1341 of 2020
9. The learned counsel for the second respondent/Insurance Company
made his submissions supporting the award passed by the Tribunal.
10. The accident had occurred in the year 2015. Considering the cost of
living prevalent at the time of the accident, the sum of Rs.6,000/- fixed by the
Tribunal as the monthly income of the claimant, is extremely on the lower
side, which had resulted in awarding inadequate compensation. Hence, the
notional monthly income of the claimant is now fixed at Rs.10,000/-, which
would meet the ends of the justice. Since the claimant could not attend any
work for a period of three months, "Loss of Income" has to be calculated for
three months. Thus, if a sum of Rs.10,000/- is taken as monthly income of the
claimant, the "Loss of Income" comes to Rs.30,000/- (3 x 10,000). Thus, the
sum of Rs.18,000/- awarded by the Tribunal under the head "Loss of Income"
is hereby enhanced to Rs.30,000/-.
11. Further, the Tribunal has awarded only a sum of Rs.2,000/- under
the head "Nutrition Expenses", which appears to be on the lower side and
hence, the same is enhanced to Rs.5,000/-.
12. The amounts awarded by the Tribunal under all the other heads are
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C.M.A. No.1341 of 2020
fair and reasonable and hence, they are confirmed. The total compensation is
re-determined as follows:
S. Compensation awarded by the Amount awarded by Amount awarded
No. Tribunal under the heads the Tribunal in Rs. by this Court in Rs.
1. For 15% Disability (15x3,000) 45,000 45,000
2. Loss of Income 18,000 30,000
3. For Pain and Sufferings 20,000 20,000
4. Loss of Amenities 10,000 10,000
5. Transportation Expenses 5,000 5,000
6. Nutrition Expenses 2,000 5,000
7. Damages to Clothes 1,000 1,000
8. Medical Expenses 7,452 7,452
Total 1,08,452 1,23,452
(rounded off to
Rs.1,24,000/-)
13. (i) Thus, the total compensation of Rs.1,08,452/- awarded by the
Tribunal is hereby enhanced to Rs.1,24,000/- (Rupees one lakh and twenty
four thousand only), which shall carry interest at 7.5% from the date of claim
petition till the date of payment. The second respondent/Insurance Company is
directed to deposit the total compensation awarded by this Court before the
Tribunal, after adjusting the amount if any already deposited, within a period
of six weeks from the date of receipt of a copy of this judgment. On such
deposit, the claimant is permitted to withdraw the entire amount. The
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C.M.A. No.1341 of 2020
appellant/claimant shall pay necessary Court fee, if any, on the enhanced
compensation.
ii) The second respondent / Insurance Company is permitted to recover
the above compensation amount from the first respondent / owner of the Auto
in accordance with law, after making payments to the claimant.
14. With the above observations and directions, this Civil Miscellaneous
Appeal is partly allowed. No costs.
05.07.2021
Speaking Order : Yes / No
Index : Yes / No
pvs
To
1. The Small Causes Court No.VI, Chennai/
The Motor Accident Claims Tribunal.
2. The Section Officer,
V.R.Section, High Court, Madras.
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C.M.A. No.1341 of 2020
S.KANNAMMAL, J.
pvs
C.M.A. No.1341 of 2020
05.07.2021
https://www.mhc.tn.gov.in/judis/
