Madras High Court
Ulaganathan vs K.Senapathy on 7 July, 2021
C.M.A.No.1997 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.07.2021
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.1997 of 2016
Ulaganathan ... Appellant
Vs
1.K.Senapathy
2.The New India Assurance Co. Ltd.,
No.231, T.T.K. Road, Alwarpet,
Chennai – 18. ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the Judgment and decree dated 06.07.2011
made in MCOP.No.2043 of 2008 on the file of the Motor Accidents Claims
Tribunal, IV Court of Small Causes, Chennai.
For Appellant : Mrs.Ramya V. Rao
For R-2 : Mr.J.Chandran
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C.M.A.No.1997 of 2016
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 06.07.2011 passed by the Motor Accident Claims
Tribunal, 4th Small Causes Court, Chennai in MCOP No.2043 of 2008.
2. Heard Mrs.Ramya V. Rao, learned counsel for the
Appellant/Claimant and Mr.J.Chandran, learned counsel for the Second
respondent/Insurance Company. The first respondent has remained exparte
both before the Tribunal as well as this Court.
3. The Appellant/claimant unsatisfied with the quantum of
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 :
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C.M.A.No.1997 of 2016
Heads Award Amount
(Rs.)
Loss of income 22,500/-
Transport to hospital 5,000/-
Extra Nourishment 7,000/-
Medical expenses 3,000/-
Future Medical expenses 30,000/-
Attender charges 5,000/-
Pain & Sufferings 35,000/-
Continuing permanent 90,000/-
disability
Total 1,97,500/-
4. The Appellant / Claimant sustained the following injuries as a
result of an accident which happened on 22.05.2008 caused by a vehicle
owned by the first respondent and insured with the Second
Respondent/Insurance Company.
(i) Fracture of both bone leg
(ii) Fracture of left elbow
(iii) Fracture of right wrist and multiple injuries
all over the body
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C.M.A.No.1997 of 2016
5. The Appellant/Claimant was an Auto driver and in his claim
petition, he had pleaded that he was aged 35 years and was earning Rs.200/-
per day. The Tribunal has fixed his monthly income at Rs.4,500/-. The
accident having happened in the year 2011, this Court is of the considered
view that the assessment of notional monthly income of the
Appellant/Claimant fixed by the Tribunal at Rs.4,500/- is low and it has to
be enhanced. This Court, after giving due consideration to the fact that the
Appellant/Claimant is an Auto driver and was aged 35 years, fixes his
notional monthly income at Rs.6,500/- instead of Rs.4,500/- fixed by the
Tribunal.
6. Before the Tribunal, the Appellant/Claimant has filed the disability
certificate issued by the doctor (PW2) who examined him, as Ex.P10. As
per the disability certificate, the doctor assessed the disability of the
Appellant/Claimant at 45% and the Tribunal has awarded the disability
compensation of Rs.90,000/- to the Appellant/Claimant, calculated at
Rs.2,000/- per percentage of disability, which in the considered view of this
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C.M.A.No.1997 of 2016
Court is a correct assessment. However, the Tribunal has assessed the loss
of income to the Appellant/Claimant at Rs.22,500/-, calculated for a period
of five months at Rs.4,500/- per month which is not a correct assessment, in
the considered view of this Court. Being an Auto driver, as observed
earlier, he would have earned a minimum of Rs.6,500/- per month in the
year 2011 and if the nature of injuries which includes three fractures were
duly considered by the Tribunal, the Appellant/Claimant would have been
unable to do his regular work as an Auto driver for atleast a period of six
months. Since the notional monthly income of the Appellant/Claimant is
enhanced to Rs.6,500/- by this Court, the loss of income payable to the
Appellant/Claimant for a period of six months is Rs.39,000/-, calculated at
Rs.6,500/- per month instead of Rs.22,500/- awarded by the Tribunal.
7. With regard to the compensation awarded by the Tribunal under
various other heads are concerned, this Court is of the considered view that
some enhancement needs to be given to the Appellant/Claimant. After
giving due consideration to the avocation and nature of injuries sustained by
the Appellant/Claimant, this Court enhances the compensation towards
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C.M.A.No.1997 of 2016
transportation from Rs.5,000/- to Rs.10,000/-, towards extra nourishment
from Rs.7,000/- to Rs.10,000/- and towards Attender charges from
Rs.5,000/- to Rs.10,000/-. The Tribunal has also erroneously failed to
award any compensation towards loss of amenities which the
Appellant/Claimant is legally entitled to. This Court fixes the compensation
towards loss of amenities to the Appellant/Claimant at Rs.10,000/-. With
regard to the compensation awarded by the Tribunal towards Pain &
Sufferings at Rs.35,000/-, Future Medical expenses at Rs.30,000/- and
Rs.3,000/- towards Medical expenses are concerned, this Court is of the
considered view that the same is just compensation and does not call for any
interference and the same is confirmed.
8. For the foregoing reasons, the compensation awarded by the
Tribunal under the impugned award is enhanced from Rs.1,97,500/- to
Rs.2,37,000/- by this Court, in the following manner:
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C.M.A.No.1997 of 2016
Heads Amount awarded Amount awarded
by the Tribunal by this Court
(Rs.) (Rs.)
Loss of income 22,500/- 39,000/-
Transport to hospital 5,000/- 10,000/-
Extra Nourishment 7,000/- 10,000/-
Medical expenses 3,000/- 3,000/-
Future Medical expenses 30,000/- 30,000/-
Attender charges 5,000/- 10,000/-
Pain & Sufferings 35,000/- 35,000/-
Continuing permanent 90,000/- 90,000/-
disability
Loss of amenities - 10,000/-
Total 1,97,500/- 2,37,000/-
Conclusion:
9. In the result, this appeal shall stand partly allowed. The Second
Respondent / Insurance Company is directed to deposit the amount awarded
by this Court i.e. Rs.2,37,000/- together with interest at the rate of 7.5% per
annum (excluding Rs.30,000/- towards future medical expenses) from the
date of claim till the date of deposit and costs, after deducting the amount
already deposited to the credit of MCOP.No.2043 of 2008 within a period
of four weeks from the date of receipt of a copy of this Judgment. On such
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C.M.A.No.1997 of 2016
deposit being made, the Tribunal is directed to transfer the award amount to
the bank account of the appellant/claimant through 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.
07.07.2021
Index:Yes/No
Internet:Yes/No
Speaking/Non-speaking order
rgr
To
1. The IV Judge,
Small Causes Court,
Motor Accidents Claims Tribunal,
Chennai.
2.The Section Officer
V.R.Section, High Court,
Madras.
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C.M.A.No.1997 of 2016
ABDUL QUDDHOSE, J.
rgr
C.M.A.No.1997 of 2016
07.07.2021
https://www.mhc.tn.gov.in/judis/
