Madras High Court
P.Maral vs P.Thangaraj on 14 July, 2021
C.M.A. No.1653 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.1653 of 2021
P.Maral Appellant
Versus
1. P.Thangaraj
2. The Oriental Insurance Company Ltd.,
CBO-1, Siva Complex, 2nd Floor,
No.22-C, Sarada College Main Road,
Salem 636016. .. Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the judgment and decree dated 12.03.2018 passed
in MCOP.No.346 of 2015 on the file of Motor Accidents Claims
Tribunal/Special Sub Judge No.2, Salem.
For appellant : Mr.C.Thangaraju
For respondents
for R2 : Mr.J.Chandran
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C.M.A. No.1653 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.346 of 2015, dated 12.03.2018, 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 31.12.2014 at 7.00 pm,
the claimant was walking on the left side of Kavuthappadi to Goby Main
Road. When she was nearing Ayyampalayam Privu, a Scooty bearing
Registration No.TN-33-AB-2499, driven by the first respondent in a rash and
negligent manner and dashed against the claimant. Due to the accident, the
claimant fell down on the road and sustained multiple grievous injuries all
over her body. Immediately, she was admitted in the Government Hospital,
Gobi and given first aid and then she was shifted to Government Hospital,
Erode. Subsequently, she was admitted in Dhaksin Hospital, Gobi for better
treatment.
4. It is the further case of the claimant that she was aged about 60 years
and working as a Coolie and earning Rs.7,500/- per month. After the accident,
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C.M.A. No.1653 of 2021
she was so weak and not able to attend any hard work. Hence, she 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 in the claim petition. They
also denied the age, occupation and income mentioned in the claim petition.
Thus, they sought for dismissal of the claim petition.
6. In order to prove the claim on the side of the claimant, she examined
herself as PW1 and marked Exs.P1 to P8. 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 evidence nor any documentary evidence,
was adduced.
7. The Tribunal after analysing the entire evidence came to the
conclusion that the accident had occurred only due to the rash and negligent
driving of the first respondent. By coming to such conclusion, the Tribunal
passed an award for a sum of Rs.3,32,711/- and directed the second
respondent/Insurance Company to pay the above compensation. The break-up
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C.M.A. No.1653 of 2021
details of the amounts awarded by the Tribunal under various heads are as
follows:
S.No. Heads under which amounts are Amount in Rs.
awarded
1. Permanent Disability 1,20,000
2. Pain and Sufferings 40,000
3. Loss of Amenities 35,000
4. Medical Expenses 79,711
5. Loss of Income 32,500
6. Transportation Expenses 5,000
7. Nutrition Expenses 10,000
8. Attender Charges 10,000
Total 3,32,711
8. It is the contention of the learned counsel for the appellant/claimant
that the claimant sustained severe injuries and the Tribunal based on Ex.C1-
Disability Certificate, fixed her disability of the claimant at 40%. However, the
Tribunal fixed only a sum of Rs.3,000/- per percentage of disability and
consequently, awarded a very meagre amount of Rs.1,20,000/- [40 x 3,000]
under the head "Permanent Disability". Hence, considering the injuries
suffered by the claimant, the Tribunal ought to have awarded a sum of
Rs.4,000/- per percentage of disability. Thus, the amount under such head may
be enhanced.
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C.M.A. No.1653 of 2021
9. Further, the claimant by working as a Coolie, was earning Rs.7,500/-
per month. However, the Tribunal without any basis had taken only a sum of
Rs.6,500/- as monthly income of the claimant and awarded Rs.32,500/- [6,500
x 5] under the head "Loss of Income". Hence, by fixing Rs.7,500/- as monthly
income, the amount under the head "Permanent Disability" may be enhanced.
Further, the amounts awarded by the Tribunal under all the other heads are
also on the lower side and the same needs proper enhancement.
10. Per contra, the 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. In the accident, the claimant sustained grievous injuries on the front
side head portion, hip and all over her body and the Medical Board has
assessed her disability at 40%. Considering the nature of injuries suffered by
the claimant this Court is of the view that the sum of Rs.3,000/- awarded by
the Tribunal for per percentage of disability is very low and hence, the same is
hereby enhanced to Rs.4,000/- per percentage of disability. Accordingly, the
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C.M.A. No.1653 of 2021
sum of Rs.1,60,000/- (40 x 4,000) is awarded under the head "Permanent
Disability".
13. Further, due to the said accident, the claimant could not attend any
work for a period of 5 months. Considering the cost of living prevalent at the
time of the accident and the avocation of the claimant, this Court is of the view
that a sum of Rs.7,500/- has to be fixed as notional monthly income of the
claimant. If so fixed, the "Loss of Income" comes to Rs.37,500/- [5 x 7,500].
Thus, the sum of Rs.32,500, awarded by the Tribunal under the head "Loss of
Income" is enhanced to Rs.37,500/-.
14. Considering the long duration of treatment undergone by the
claimant, the sum of Rs.40,000/- awarded by the Tribunal under the head "Pain
and Sufferings" appears to be on the lower side and hence, the same is
enhanced to Rs.60,000/-.
15. The amounts awarded by the Tribunal under all the other heads are
just and fair and hence, the same are confirmed. Thus the total compensation
payable to the claimant is re-calculated and tabulated below:
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C.M.A. No.1653 of 2021
S.No. Heads under which Amount awarded by Amount awarded by
amounts are awarded the Tribunal in Rs. this Court in Rs.
1. Permanent Disability 1,20,000 1,60,000
2. Pain and Sufferings 40,000 60,000
3. Loss of Amenities 35,000 35,000
4. Medical Expenses 79,711 79,711
5. Loss of Income 32,500 37,500
6. Transportation Expenses 5,000 5,000
7. Nutrition Expenses 10,000 10,000
8. Attender Charges 10,000 10,000
Total 3,32,711 3,97,711
rounded off to
3,97,800
16. Thus, the total compensation of Rs.3,32,711/- awarded by the
Tribunal is hereby enhanced to Rs.3,97,800/- (Rupees three lakhs ninety seven
thousand and eight hundred 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
such deposit, the claimant is permitted to withdraw the entire amount. The
appellant/claimant shall pay necessary Court fee, on the enhanced
compensation.
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C.M.A. No.1653 of 2021
17. 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.1653 of 2021
S.KANNAMMAL, J.
pvs
C.M.A. No.1653 of 2021
14.07.2021
https://www.mhc.tn.gov.in/judis/
