Madras High Court
C.Palanisamy vs R.Murugesan on 14 July, 2021
C.M.A. No.1663 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 14.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A. No.1663 of 2021
C.Palanisamy ...Appellant
Versus
1. R.Murugesan
2. United India Insurance Company Ltd.,
I Floor, 104-A, Peramanur Main Road,
Peramanur, Salem 636007. ...Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the judgment and decree dated 10.04.2019 passed
in MCOP.No.1445 of 2016 on the file of Motor Accidents Claims
Tribunal/Special Sub Judge No.II, Salem.
For appellant : Mr.C.Thangaraju
For respondents
for R2 : Mr.J.Chandran
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C.M.A. No.1663 of 2021
JUDGMENT
The appeal is heard through video conferencing.
2. Not being satisfied with the quantum of compensation awarded by the
Motor Accident Claims Tribunal/ Special Sub Judge No.II, Salem in
MCOP.No.1445 of 2016 dated 10.04.2019, 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 19.05.2016 at 11.30am,
the claimant was travelling as a pillion rider in a Hero Honda Motor Cycle
bearing Registration No.TN-37-U-4917 driven by one Vijayakumar, on Kovai-
Maruthamalai Main Road. While they were nearing Agri College, the driver of
the said Motor Cycle, drove it in a rash and negligent manner and slipped in a
sand and fell down, as a result of which, the claimant sustained head injury,
left leg fracture and grievous injury all over his body. Immediately he was
admitted in Richmond Hospital, Kovai where he took treatment and thereafter,
taking treatment as an out-patient.
4. The claimant was working as a Coolie at Agri College, Coimbatore
and earning Rs.10,000/- per month and he is the sole bread-winner of the
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C.M.A. No.1663 of 2021
family. After the accident, the claimant is not able to do any hard work. Hence,
he made a claim for a sum of Rs.25,00,000/- as compensation.
5. The said claim petition was resisted by the second
respondent/Insurance Company by filing a detailed counter statement denying
the manner of accident as projected by the claimant. They also denied the the
age, occupation and income of the deceased. Thus, they sought for dismissal of
the claim petition.
6. In order to prove the claim on the side of the claimant, he examined
himself as PW1 and marked Exs.P1 to P9. The Disability Certificate issued by
the Medical Board was marked as Ex.C1 (Court Document). On the side of the
Insurance Company, neither any oral nor documentary evidence was adduced.
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 Motor Cycle bearing Registration No.TN-37-U-4917. By
coming to such conclusion, the Tribunal passed an award for a sum of
Rs.2,66,120/- and directed the second respondent/Insurance Company to pay
the above compensation indemnifying the owner of the said Motor Cycle. The
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C.M.A. No.1663 of 2021
break-up details of the amount awarded by the Tribunal under various heads
are as follows:
S.No. Heads under which amounts Amount in Rs.
are awarded
1. Functional Disability 72,527
2. Pain and Sufferings 10,000
3. Loss of Amenities 10,000
4. Medical and Transportation 1,63,093
Expenses
5. Nutrition Expenses 5,000
6. Attender Charges 5,000
Total 2,66,120
8. It is the contention of the learned counsel for the appellant that the
claimant was earning Rs.10,000/- per month by working as a Coolie. However,
the Tribunal had taken only a sum of Rs.7,500/- as monthly income. Further,
though the Medical Board had determined that the appellant suffered 20%
permanent disability in the said accident, the Tribunal without any basis has
fixed only at 6.66%, which is erroneous and hence, the same may be fixed at
20%. Thereafter, the Tribunal by applying multiplier method awarded only a
meagre sum of Rs.72,527/- [(7,500+750) x 12 x 11 x 6.66%] under the head
“Functional Disability”, which may be enhanced.
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C.M.A. No.1663 of 2021
9. Further, the Tribunal failed to consider that the claimant was unable
to attend work for a period of 5 months due to the injuries suffered by him.
Hence, the Tribunal ought to have awarded certain amount under the head
“Loss of Income”. Further, the amount awarded by the Tribunal under all the
other heads are very meagre, and hence, the same be enhanced.
10. Per contra, the learned counsel for the second respondent/Insurance
Company made his submissions supporting the award passed by the Tribunal.
11. Heard both sides and perused the materials available on record.
12. Considering the nature of injuries and disability suffered by the
claimant, this Court is of the considered view that the claimant has not
suffered any functional disability and the Tribunal erred in applying the
multiplier method and only a particular sum ought to have been award per
percentage of disability. Further, the Medical Board after thoroughly
examining the claimant has rightly assessed the disability of the claimant at
20%. Hence, this Court by relying upon the judgment reported in 2020 (1) TN
MAC 617 [M. Chinnathambi Vs. S.Deepa and another] fixes a sum of
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C.M.A. No.1663 of 2021
Rs.5,000/- per percentage of disability. Thus, the compensation awarded by
the Tribunal towards Disability is modified to Rs.1,00,000/- (Rs.5,000/- x 20).
13. Further, due to the accident, the claimant could not attend work for a
period of 5 months. Hence, it is appropriate to compensate the period on which
the claimant had not attended duty. The Tribunal has fixed Rs.7,500/- as
monthly income of the claimant, which is just and proper. Hence, the “Loss of
Income” comes to Rs.37,500/- (7,500 x 5).
14. Considering the nature of injuries suffered by the claimant in the
accident, the sum of Rs.10,000/- awarded by the Tribunal under the head “Pain
and Sufferings” is not proper and hence, the same is enhanced to Rs.20,000/-.
Similarly, the sum of Rs.10,000/- awarded by the Tribunal under the head
“Loss of Amenities” is also very meagre and hence, the same is hereby
enhanced to Rs.15,000/-
15. Considering the duration of treatment undergone by the claimant,
the sum of Rs.5,000/- awarded by the Tribunal under the head “Nutrition
Expenses” is very meagre and hence, the same is set aside, instead a sum of
Rs.10,000/- is awarded under such head.
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C.M.A. No.1663 of 2021
16. The amounts awarded by the Tribunal under all the other heads are
just and fair and hence, the same are hereby confirmed. Thus, the total
compensation payable to the claimant is re-calculated and tabulated below:
S. Heads under which Amount awarded by Amount awarded
No. amounts are awarded the Tribunal in Rs. by this Court in Rs.
1. Functional Disability 72,527 1,00,000
2. Pain and Sufferings 10,000 20,000
3. Loss of Amenities 10,000 15,000
4. Medical and Transportation 1,63,093 1,63,093
Expenses
5. Nutrition Expenses 5,000 10,000
6. Attender Charges 5,000 5,000
8. Loss of Income - 37,500
Total 2,66,120 3,51,093
17. Thus, the total compensation of Rs.2,66,120/- awarded by the
Tribunal is hereby enhanced to Rs.3,51,093/- (Rupees three lakhs fifty one
thousand and ninety three only), which shall carry interest at 7.5% from the
date of claim petition till the date of deposit. 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
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C.M.A. No.1663 of 2021
such deposit, the claimant is permitted to withdraw the entire amount. The
appellant/claimant shall pay necessary Court fee, on the enhanced
compensation.
18. With the above observations and directions, this Civil Miscellaneous
Appeal is partly allowed. No costs.
14.07.2021
Speaking Order : Yes / No
Index : Yes / No
pvs
To
1. The Special Sub Judge No.II, Salem/
The Motor Accident Claims Tribunal
2. The Section Officer,
V.R.Section, High Court, Madras.
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C.M.A. No.1663 of 2021
S.KANNAMMAL, J.
pvs
C.M.A. No.1663 of 2021
14.07.2021
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