Madras High Court
Aravindhan vs M.Santha on 14 July, 2021
C.M.A.No.4464 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.07.2021
CORAM:
THE HONOURABLE TMT.JUSTICE S.KANNAMMAL
C.M.A.No.4464 of 2019
Aravindhan .. Appellant
Vs.
1.M.Santha
2.The New India Insurance Co.Ltd.,
Branch Office, No.39-C,
Bypass Road, Dharmapuri Town,
Dharmapuri Taluk & District, Pin-636 701. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
19.08.2017 made in M.C.O.P.No.631 of 2016 on the file of the Motor
Accident Claims Tribunal, Chief Judicial Magistrate Court, Dharmapuri.
For Appellant : Mr.D.Ramesh Kumar
For R2 : Mr.K.Vinoth
1/9
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C.M.A.No.4464 of 2019
JUDGMENT
The matter is heard through “Video Conferencing”.
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 19.08.2017 made in
M.C.O.P.No.631 of 2016 on the file of the Motor Accident Claims Tribunal,
Chief Judicial Magistrate Court, Dharmapuri.
2.The appellant is the claimant in M.C.O.P.No.631 of 2016 on the file
of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court,
Dharmapuri. 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 06.07.2016.
3.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred only due to rash and negligent
driving by the driver of the bus belonging to the 1st respondent and directed
the 2nd respondent-Insurance Company to pay a sum of Rs.1,15,000/- as
compensation to the appellant.
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C.M.A.No.4464 of 2019
4.Not being satisfied with the amounts awarded by the Tribunal, the
appellant has come out with the present appeal seeking enhancement of
compensation.
5.The learned counsel appearing for the appellant contended that in the
accident the appellant suffered (i) traumatic amputation of left great toe at
proximal px level, (ii) fracture and laceration over 4x0.5x0.5 cm left 2nd toe
and multiple injuries all over his body. The Medical Board examined the
appellant and certified that appellant suffered 10% disability and disability
certificate was marked as Ex.P7. The Tribunal has awarded only a meagre
sum of Rs.30,000/- towards disability, calculating at the rate of Rs.3,000/- per
percentage of disability. The Tribunal ought to have awarded a sum of
Rs.5,000/- per percentage of disability. The appellant has taken treatment as
inpatient at Government Hospital, Dharmapuri for 7 days and thereafter taken
treatment as outpatient at private hospital. The Tribunal has not awarded any
amount towards attender charges and future medical expenses. The appellant
was working as a coolie and was earning a sum of Rs.10,000/- per month.
Due to the injuries and disability suffered by him in the accident, he could not
do the work as he was doing earlier. The Tribunal has not awarded any
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C.M.A.No.4464 of 2019
amount towards loss of income. The amounts awarded by the Tribunal under
different heads are meagre and prayed for enhancement of compensation.
6.Per contra, Mr.K.Vinoth, learned counsel appearing for the 2nd
respondent-Insurance Company contended that the Medical Board examined
the appellant and certified that appellant suffered 10% disability. The
Tribunal considering the disability certificate issued by Medical Board,
awarded a sum of Rs.30,000/- towards disability at the rate of Rs.3,000/- per
percentage of disability and the same is not meagre. The Tribunal considering
the entire materials on record, has awarded a sum of Rs.1,15,000/- as
compensation to the appellant for the simple injuries sustained by him and the
same is excessive. The appellant has not made out any case for enhancement
of compensation and prayed for dismissal of the appeal.
7.Heard the learned counsel appearing for the appellant as well as the
learned counsel appearing for the 2nd respondent and perused the entire
materials on record.
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C.M.A.No.4464 of 2019
8.From the materials available on record, it is seen that it is the
contention of the appellant that in the accident he suffered (i) traumatic
amputation of left great toe at proximal px level, (ii) fracture and laceration
over 4x0.5x0.5 cm left 2nd toe and multiple injuries all over his body. To
prove the nature of injuries and disability, the appellant was referred to the
Medical Board, Dharmapuri. The Medical Board after examining the
appellant, certified that appellant suffered 10% disability and the disability
certificate was marked as Ex.P7. The Tribunal considering the disability
certificate issued by the Dharmapuri Medical Board, awarded a sum of
Rs.30,000/- towards disability at the rate of Rs.3,000/- per percentage of
disability. The accident occurred in the year 2016 and a sum of Rs.3,000/- per
percentage of disability awarded by the Tribunal is meagre. This Court by
judgment dated 09.01.2020 made in C.M.A.No.4870 of 2019 in the case of
M/s.IFFCO TOKIO General Insurance Company Limited Vs. Venkatesh
and another, fixed a sum of Rs.4,000/- per percentage of disability for the
accident occurred in the year 2014 & 2015 and a sum of Rs.5,000/- per
percentage of disability for the accident occurred from the year 2016
onwards, due to rise in cost of living. In the present case, the accident is of
the year 2016. In view of the same, a sum of Rs.5,000/- is awarded per
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C.M.A.No.4464 of 2019
percentage of disability. Thus, the compensation awarded by the Tribunal
towards disability is enhanced to Rs.50,000/- (Rs.5,000/- X 10% of
disability). The appellant has taken treatment as inpatient at Government
Hospital, Dharmapuri for 7 days. The Tribunal has not granted any amount
towards attendant charges. Considering the nature of injuries and treatment
taken, a sum of Rs.20,000/- have been granted by this Court towards
attendant charges. The appellant has not produced any medical records to
show that he requires further medical treatment. Hence, he is not entitled to
any amount towards future medical expenses. The appellant has not proved
that he lost his income during treatment period and that he could not do the
work as he was doing earlier by producing valid documents. Hence, the
appellant is not entitled to any amount towards loss of income. The amounts
awarded by the Tribunal under other heads are just and reasonable and hence,
the same are hereby confirmed. Thus, the compensation awarded by the
Tribunal is modified as follows:
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C.M.A.No.4464 of 2019
S. Description Amount Amount Award
N awarded by awarded by confirmed or
o Tribunal this Court enhanced or
(Rs) (Rs) granted
1. Disability 30,000/- 50,000/- Enhanced
2. Medical expenses 5,000/- 5,000/- Confirmed
3. Pain & sufferings 30,000/- 30,000/- Confirmed
4. Extra nourishment 25,000/- 25,000/- Confirmed
& loss of articles
5. Loss of amenities 25,000/- 25,000/- Confirmed
6. Attendant charges - 20,000/- Granted
Total Rs.1,15,000/- Rs.1,55,000/- Enhanced by
Rs.40,000/-
9.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.1,15,000/- is hereby
enhanced to Rs.1,55,000/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. The 2nd respondent 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.631 of 2016 on the file of the Motor Accident Claims
Tribunal, Chief Judicial Magistrate Court, Dharmapuri. On such deposit, the
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C.M.A.No.4464 of 2019
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. No costs.
14.07.2021
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Index : Yes / No
Internet : Yes / No
To
1.The Chief Judicial Magistrate Court,
Motor Accident Claims Tribunal,
Dharmapuri.
2.The Section Officer,
VR Section,
High Court, Madras.
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C.M.A.No.4464 of 2019
S.KANNAMMAL, J.
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C.M.A.No.4464 of 2019
14.07.2021
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