Madras High Court
J.Thomas vs M.Jayasankar on 14 July, 2021
CMA.No.1603 of 2016
In the High Court of Judicature at Madras
Dated : 14.7.2021
Coram
The Honourable Mr.Justice ABDUL QUDDHOSE
Civil Miscellaneous Appeal No.1603 of 2016
J.Thomas ...Appellant
Vs
1.M.Jayasankar
2.National Insurance Company
Ltd., Chennai-2. ...Respondents
APPEAL under Section 173 of the Motor Vehicles Act, 1988
against the fair and decretal order dated 21.1.2016 in MCOP.No.5138
of 2013 on the file of the Motor Accidents Claims Tribunal (Special Sub-
Judge I to deal with MCOP Cases), Chennai.
For Appellant : Ms.P.T.Saleem Fathima
For Respondent-2 : Mr.S.Vadivel
Respondent-1 : Insufficient address
JUDGMENT
I have heard the learned counsel appearing for the appellant and
the learned counsel appearing for the second respondent.
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CMA.No.1603 of 2016
2. This appeal has been filed by the appellant herein/claimant
seeking enhancement of the compensation under the impugned award
dated 21.1.2016 passed by the Motor Accidents Claims Tribunal
(Special Sub-Judge-I to deal with MCOP Cases), Chennai [for short, the
Tribunal] in MCOP.No.5138 of 2013.
3. The appellant herein/claimant, unsatisfied with the quantum
of compensation awarded by the Tribunal, has preferred this appeal
seeking enhancement.
4. The details of compensation awarded by the Tribunal under
the impugned award to the appellant herein/claimant are as follows :
(a) Expenses relating to treatment,
hospitalization and medicines: Rs. 12,740/-
(b) Loss of earning during treatment: Rs. 39,000/-
(c) Expenses towards conveyance : Rs. 8,000/-
(d) Extra nourishment cost : Rs. 10,000/-
(e) Attender charges : Rs. 4,000/-
(f) Damages to clothing and articles : Rs. 1,000/-
(g) Compensation for disability : Rs. 1,38,000/-
(h) Pain and sufferings : Rs. 50,000/-
(i) Compensation for loss of future
amenities and disfigurements : Rs. 25,000/-
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CMA.No.1603 of 2016
(j) Loss of expectation of life : Rs. 15,000/-
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Total: Rs.3,02,740/-
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5. The appellant herein – claimant sustained the following
injuries as a result of the accident on 10.8.2013 caused by the vehicle
owned by the first respondent and insured with the second
respondent:
“(a) Fracture of frontal bone on the right
side adjacent to the midline;
(b) Fracture involving the lateral wall of
the right maxillary sinus;
(c) Fracture involving the right zygoma
and lateral wall of right orbit;
(d) Fracture of right side fibula and
dislocation in right ankle; and
(e) Fracture right sphenoid and coronoid
process of mandible.”
6. The appellant herein/claimant was aged 52 years at the time
of accident. The age, avocation and nature of injuries sustained by the
appellant herein/claimant as a result of the accident had not been
disputed by the second respondent herein before the Tribunal.
7. In the claim petition, the appellant herein/claimant pleaded
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CMA.No.1603 of 2016
that he was earning Rs.10,000/- as an accountant in a company called
as Techno Plastic Private Limited, Chennai-1. However, the Tribunal
fixed the notional monthly income at Rs.6,500/- based on the decision
of the Hon'ble Supreme Court in the case of Syed Sadiq & Others
Vs. Divisional Manager, United India Insurance Co. Ltd.
[reported in 2014 ACJ 627].
8. This Court is of the considered view that the said assessment
is an erroneous assessment. In the said decision, the accident
occurred in the year 2008 and two of the injured were vegetable
vendors.
9. In the case on hand, the claimant was working as an
accountant in a private concern and the accident occurred in the year
2013. Therefore, the yardstick fixed in the decision of the Hon'ble
Supreme Court in the case of Syed Sadiq cannot be applied to the
facts of this case. Further, in the instant case, after giving due
consideration of the avocation of the appellant herein/claimant, who
was working as an accountant at the time of accident, this Court
fixes his notional monthly income at Rs.8,000/- instead of
Rs.6,500/- as fixed by the Tribunal.
10. The Tribunal assessed loss of income to the appellant during
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CMA.No.1603 of 2016
the period of taking treatment at Rs.39,000/- calculated at Rs.6,500/-
per month i.e for a period of six months and it is hereby enhanced to
Rs.48,000/- by this Court by calculating at Rs.8,000/- per month for a
period of six months.
11. The Tribunal awarded a compensation of Rs.8,000/- towards
conveyance, Rs.10,000/- towards extra nourishment, Rs.4,000/-
towards attender charges, Rs.1,000/- towards damages to clothing
and articles and Rs.25,000/- towards loss of future amenities and
disfigurements, which have to be necessarily enhanced, as the Tribunal
has not given due consideration to the nature of injuries sustained by
the appellant herein – claimant as well as to the year of accident. This
Court enhances the compensation awarded towards conveyance from
Rs.8,000/- to Rs.10,000/-, towards extra nourishment from
Rs.10,000/- to Rs.15,000/-, towards attender charges from Rs.4,000/-
to Rs.10,000/-, towards damages to clothing and articles from
Rs.1,000/- to Rs.2,000/- and towards loss of future amenities and
disfigurements from Rs.25,000/- to Rs.40,000/-.
12. With regard to the disability compensation assessed by the
Tribunal at Rs.1,38,000/-, the same is also not a just compensation for
the following reason :
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CMA.No.1603 of 2016
The doctor, who had been examined as PW3 before the Tribunal,
assessed the disability of the appellant herein – claimant in the
manner indicated below :
(a) Neuro disability at 40%
(b) Eye disability at 40%
(c) Ortho disability at 25% and
(d) Dental disability at 40%.
Ultimately, the Tribunal assessed the overall disability at 46%. This
Court, after giving due consideration to the nature of injuries sustained
by the appellant herein – claimant as indicated supra, is of the view
that the assessment of overall disability is on the lower side and this
Court enhances the same to 75% instead of 46% as fixed by the
Tribunal.
13. The accident occurred in the year 2013. The Tribunal fixed
the disability compensation at Rs.1,38,000/- to the appellant herein –
claimant, which cannot at all be considered to be a just compensation.
For an accident that took place in the year 2013, it is settled practice
to fix the compensation calculated at Rs.3,000/- per percentage of
disability. Accordingly, this Court enhances the disability compensation
from Rs.1,38,000/- to Rs.2,25,000/- calculated at Rs.3,000/- per
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CMA.No.1603 of 2016
percentage of disability.
14. With regard to the compensation awarded by the Tribunal
towards medical expenses at Rs.12,740/-, pain and sufferings at
Rs.50,000/- and loss of expectation of life at Rs.15,000/-, the same
are just and as such, they are confirmed.
15. For the foregoing reasons, the tot al compensation awarded
by the Tribunal is enhanced by this Court from Rs.3,02,740/- to
Rs.4,27,740/- as detailed hereunder :
(a) Expenses relating to treatment,
hospitalization and medicines: Rs. 12,740/-
(b) Loss of earning during treatment: Rs. 48,000/-
(c) Expenses towards conveyance : Rs. 10,000/-
(d) Extra nourishment cost : Rs. 15,000/-
(e) Attender charges : Rs. 10,000/-
(f) Damages to clothing and articles : Rs. 2,000/-
(g) Compensation for disability : Rs. 2,25,000/-
(h) Pain and sufferings : Rs. 50,000/-
(i) Compensation for loss of future
amenities and disfigurements : Rs. 40,000/-
(j) Loss of expectation of life : Rs. 15,000/-
------------------------
Total: Rs.4,27,740/-
---------------------------,
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CMA.No.1603 of 2016
which is rounded off to Rs.4,30,000/- (Rupees four lakhs and thirty
thousand only).
16. Accordingly, the above civil miscellaneous appeal is partly
allowed by enhancing the total compensation at Rs.4,30,000/- as
indicated above. The second respondent – Insurance Company is
directed to deposit the entire award amount as determined by this
Court in this appeal together with interest at the rate of 7.5% per
annum from the date of claim petition till date of realization less the
amount already deposited to the credit of the claim petition within
two weeks from the date of receipt of a copy of this judgment. On
such deposit of the entire award amount to the extent indicated in this
judgment, the Tribunal is directed to transfer the entire award amount
together with interest lying to the credit of the claim petition directly to
the bank account of the appellant herein through RTGS within two
weeks thereafter. No costs.
14.7.2021
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CMA.No.1603 of 2016
ABDUL QUDDHOSE,J
RS
To
The Motor Accidents Claims Tribunal (Special Sub-Judge I to deal with
MCOP Cases), Chennai.
CMA.No.1603 of 2016
14.7.2021
https://www.mhc.tn.gov.in/judis/
