Madras High Court

M.K.Arumugam vs T.S.Ramesh on 5 July, 2021

                                                                            C.M.A.No.698 of 2015

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 05.07.2021

                                                        CORAM

                               THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE

                                               C.M.A.No.698 of 2015



                     M.K.Arumugam                                  ...              Appellant

                                                          ..Vs..

                     1.T.S.Ramesh

                     2.R.S.Sivakumar

                     3.United India Insurance Co. Ltd.,
                     Mettur Road,
                     Erode.                                        ...          Respondents



                     Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor

                     Vehicles Act, 1988, against the Judgment and decree dated 17.03.2011

                     made in MCOP.No.187 of 2009 on the file of the Motor Accidents Claims

                     Tribunal, Sub Court, Perundurai.




                     1/10


https://www.mhc.tn.gov.in/judis/
                                                                                      C.M.A.No.698 of 2015




                                              For Appellant    : Mr.C.Munusamy
                                              For R-3          : Mrs.I.Malar

                                                                R1 & R2 – Exparte


                                                        JUDGMENT

(This Appeal has been taken up for hearing through Video Conferencing)

This Civil Miscellaneous Appeal has been filed by the

appellant/claimant seeking enhancement of compensation under the

impugned award dated 17.03.2011 passed by the Motor Accident Claims

Tribunal, Sub Court, Perundurai in MCOP.No.187 of 2009.

2. Heard Mr.C.Munusamy, learned counsel for the Appellant/claimant

and Mrs.I.Malar, learned counsel for the third respondent/Insurance

Company. The first and second respondents have remained exparte both

before the Tribunal as well as this Court.

3. The Appellant/claimant unsatisfied with the quantum of

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compensation awarded by the Tribunal has preferred this Appeal seeking for

enhancement. The details of the compensation awarded by the Tribunal to

the Appellant/claimant are as follows :

                                             Heads              Award Amount
                                                                     (Rs.)
                                   Temporary loss of earning                  2,500/-
                                   Transport to hospital                      1,000/-
                                   Extra Nourishment                          1,000/-
                                   Damages to clothing &                       500/-
                                   articles
                                   Medical expenses                            650/-
                                   Pain and Sufferings                        1,000/-
                                   Permanent disability and                  12,500/-
                                   loss of earning power
                                   Total                                     19,150/-

4. The grievance of the appellant/claimant is that the Tribunal

erroneously fixed the monthly income of the appellant/claimant at

Rs.2,500/- and has also erroneously reduced the disability as fixed by the

doctor at 16% to 8%. It is also the contention of the appellant/claimant that

compensation awarded by the Tribunal under various heads are low and it

needs to be enhanced. The appellant/claimant has sustained head injuries

which has not been disputed by the third respondent/Insurance company

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before the Tribunal.

5. Before the Tribunal, the appellant/claimant has filed twelve

documents which were marked as Exs.P1 to P12 and three witnesses were

examined on their side which include the doctor who examined him as

PW3. The documents filed by the appellant/claimant which were

marked as exhibits before the Tribunal include (a) Medical treatment

book, (b) X-rays, (c) Medical receipts and (d) disability certificate,

which would reveal that the appellant/claimant has sustained head injuries.

The disability certificate Ex.P10 issued by the doctor who has examined the

appellant/claimant and who had also been examined as witness before the

Tribunal as PW3 has assessed the disability of the appellant/claimant at

16%. However, the Tribunal, without any basis, only on the ground that

the appellant/claimant did not suffer any fracture and was just having only

contusion, reduced the disability to 8% from 16% assessed by the doctor.

The appellant/claimant, having sustained head injuries, as seen from the

documents filed as exhibits which includes the medical treatment book, this

Court is of the considered view that the reduction of disability from 16% to

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8% by the Tribunal is without any basis and has to be set aside by this

Court. Unless and until there is clinching evidence to show that the

assessment of disability by the doctor is not a correct assessment, the

Tribunal ought not to have reduced the disability. Hence, this Court accepts

the disability certificate which was marked as Ex.P10 before the Tribunal

issued by the doctor (PW3) and accordingly fixes the disability of the

appellant/claimant at 16% instead of 8% fixed by the Tribunal.

6. In the claim petition, the appellant/claimant has pleaded that he

was earning Rs.3000/- per month at the time of accident as a watchman.

The accident happened in the year 2009. However, the Tribunal has fixed

the notional monthly income of the appellant/claimant only at Rs.2500/-.

This Court is the considered view that the Tribunal ought not to have

reduced the monthly income of the appellant/claimant to Rs.2500/- when

the claim of the appellant/claimant as per his own pleading found in the

claim petition was only Rs.3000/- per month. Accordingly, this Court fixes

the notional monthly income of the appellant/claimant at Rs.3000/- instead

of Rs.2500/- fixed by the Tribunal. The Tribunal has also awarded a

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meagre compensation towards (a) Loss of earning during the period of

appellant/claimant's treatment (b) transport charges (c) extra nourishment

and (d) compensation for pain & sufferings. This Court is of the considered

view that the Tribunal has not taken into consideration the nature of injuries

sustained by the appellant/claimant as well as the year of the accident before

assessing the compensation under the afore mentioned heads.

7. Having sustained head injuries which requires medical treatment,

this Court is of the considered view that atleast for a period of two months,

the appellant / claimant would have been unable to do his regular work.

Therefore, the compensation for temporary loss of earning fixed by the

Tribunal at Rs.2500/- calculated for a period of one month will have to be

enhanced to Rs.6,000/- calculated for a period of two months @ Rs.3000/-

per month. Similarly, the compensation to the appellant/claimant towards

transportation and extra nourishment will have to be enhanced from

Rs.1000/- each, as fixed by the Tribunal to Rs.2500/- each by this Court,

totally amounting to Rs.5000/- .

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8. With regard to the compensation awarded by the Tribunal towards

pain & sufferings at Rs.1000/- is concerned, the same is also low in the

considered view of this Court and it is enhanced to Rs.2500/-. With regard

to the permanent disability compensation awarded by the Tribunal at

Rs.12,500/- is concerned, the same is enhanced to Rs.32,000/- calculated

for 16% disability, as assessed by the doctor @ Rs.2000/- per percentage of

disability. The compensation awarded by the Tribunal towards damages to

clothing & articles and medical expenses are confirmed by this Court.

9. For the foregoing reasons, the compensation awarded by the

Tribunal under the impugned award is enhanced from Rs.19,150/- to

Rs.46,650/- by this Court, in the following manner:







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                                                                                             C.M.A.No.698 of 2015




                                    Heads             Amount awarded         Amount awarded
                                                       by the Tribunal        by this Court
                                                           (Rs.)                  (Rs.)
                          Temporary loss of earning                2,500/-                6,000/-
                          Transport to hospital                    1,000/-                2,500/-
                          Extra Nourishment                        1,000/-                2,500/-
                          Damages to clothing &                     500/-                  500/-
                          articles
                          Medical expenses                          650/-                  650/-
                           Pain and Sufferings                     1,000/-                2,500/-
                           Permanent disability and            12,500/-              32,000/-
                           loss of earning power
                          Total                                19,150/-              46,650/-



                     Conclusion:

9. In the result, this appeal shall stand partly allowed. The Third

Respondent / Insurance Company is directed to deposit the amount awarded

by this Court i.e. Rs.46,650/- together with interest at the rate of 7.5% per

annum from the date of claim till the date of deposit and costs after

deducting the amount already deposited to the credit of MCOP.No.187 of

2009 within a period of four weeks from the date of receipt of a copy of this

Judgment. On such deposit being made, the Tribunal is directed to transfer

the award amount to the bank account of the appellant/claimant through

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RTGS within a period of one week thereafter. The requisite Court fee, if

any has to be paid by the Appellant/Claimant before receiving the copy of

this Judgment. No costs.