Madras High Court
Gandhimathi vs Iqbal on 15 July, 2021
C.M.A.No.2516 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.07.2021
CORAM:
THE HONOURABLE TMT.JUSTICE S.KANNAMMAL
C.M.A.No.2516 of 2019
Gandhimathi .. Appellant
Vs.
1.Iqbal
2.IFFCO TOKIO General Insurance Company Limited,
Represented by its Branch Manager,
No.16, Venkatramana Round Road,
Mahalingapuram,
Pollachi. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
02.01.2018 made in M.C.O.P.No.209 of 2014 on the file of the Motor
Accident Claims Tribunal, Sub Court, Udumalpet.
For Appellant : Mr.D.R.Arun Kumar
For R2 : Mr.E.Rajadurai
for Mr.M.B.Gopalan Associates
JUDGMENT
(The matter is heard through “Video Conferencing/Hybrid mode”.)
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the Tribunal in the award dated 02.01.2018 made in
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C.M.A.No.2516 of 2019
M.C.O.P.No.209 of 2014 on the file of the Motor Accident Claims Tribunal,
Sub Court, Udumalpet.
2.The appellant is the claimant in M.C.O.P.No.209 of 2014 on the file
of the Motor Accident Claims Tribunal, Sub Court, Udumalpet. She filed the
above said claim petition, claiming a sum of Rs.15,00,000/- as compensation
for the injuries sustained by her in the accident that took place on 08.06.2014.
3.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
the rider of the motorcycle belonging to 1st respondent and directed the
respondents to jointly and severally pay a sum of Rs.83,000/- as
compensation to the appellant.
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 the
Tribunal has not awarded any amount towards medical bills as the appellant
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C.M.A.No.2516 of 2019
has not marked the detailed medical bills and she only marked the summary
bill alone. The appellant is entitled for the entire expenses incurred by her
towards medical bills and the Tribunal ought to have awarded the same. The
appellant sustained grievous injuries on her head, fracture on right shoulder,
breadth pipes and laceration all over the body. The amounts awarded by the
Tribunal for pain and sufferings, loss of income, extra nourishment are
meagre. The Tribunal has not awarded any amounts towards loss of future
earning, mental agony, future medical expenses and loss of amenities and
enjoyment of life. At the time of accident, the appellant was aged 45 years,
was a Document Writer and was a 'A' license holder (eligible to write any
document all over Tamil Nadu) and was earning a sum of Rs.40,000/- per
month. But, the Tribunal has fixed a meagre sum of Rs.6,000/- per month as
notional income of the appellant and awarded compensation towards loss of
income only for three months. The total compensation awarded by the
Tribunal is meagre and prayed for enhancement of compensation.
6.Per contra, the learned counsel appearing for the 2nd respondent-
Insurance Company contended that the Tribunal accepted the disability
certificate issued by the Medical Board and awarded a sum of Rs.15,000/- for
5% disability at the rate of Rs.3,000/- per percentage of disability and the
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C.M.A.No.2516 of 2019
same is not meagre. The appellant has produced only the summary bill and
she has not produced the detailed bill towards her medical expenses. Hence,
the Tribunal has rightly not awarded any amount towards medical expenses.
The appellant has not produced any document to prove her avocation and
income. In the absence of any material evidence with regard to avocation and
income, a sum of Rs.6,000/- per month fixed by the Tribunal as notional
income of the appellant is not meagre. The appellant failed to produce any
medical records to substantiate that she requires future medical treatment.
Hence, she is not entitled for compensation towards future medical expenses.
The Tribunal considering the entire materials on record, has awarded a sum of
Rs.83,000/- as compensation to the appellant under different heads and the
same is not meagre 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-Insurance Company and
perused the entire materials on record.
8.From the materials available on record, it is seen that in the accident,
the appellant sustained grievous injuries on her head, fracture on right
shoulder, breadth pipes and laceration all over the body. To prove the nature
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C.M.A.No.2516 of 2019
of injuries and disability suffered by the appellant, she examined herself as
P.W.1. and was referred to the Medical Board. The Medical Board examined
the appellant and certified that appellant suffered 5% disability and issued
Ex.P12/disability certificate to that effect. The Tribunal accepted the
disability certificate issued by the Medical Board and awarded a sum of
Rs.15,000/- for 5% disability at the rate of Rs.3,000/- per percentage of
disability and the same is not meagre. The appellant has not proved that she
suffered any functional disability or lost her earning capacity. In the absence
of any evidence with regard to loss of earning capacity or functional
disability, the appellant is not entitled to compensation for loss of earning
capacity by adopting multiplier method.
9.It is the further case of the appellant that the Tribunal has not
awarded any amount towards medical bills as the appellant has not marked
the detailed medical bills and she only marked the summary bill alone and the
same is not correct. The appellant has filed the medical bills as additional
typed set of papers in the present appeal. Thus, after calculating the entire
amount in the medical bills, the appellant is entitled to a sum of Rs.5,29,515/-
towards medical bills. At the time of accident, the appellant was aged 45
years, was a Document Writer and was a 'A' license holder (eligible to write
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C.M.A.No.2516 of 2019
any document all over Tamil Nadu) and was earning a sum of Rs.40,000/- per
month. To prove her avocation and income, the appellant produced
Ex.P10/copy of 'A' license to that effect. The appellant has not produced any
documents like salary certificate or wage register to prove her avocation and
income. In the absence of any documentary proof with regard to avocation
and income, the Tribunal fixed a sum of Rs.6,000/- per month as notional
income of the appellant and awarded a sum of Rs.18,000/- as compensation
towards loss of income for three months and the same is not meagre. The
appellant has taken treatment in the Kovai Medical Center and Hospital
Limited, Coimbatore as inpatient for 27 days from 08.06.2014 to 04.07.2014.
Considering the nature of injuries, disability and period of treatment taken by
the appellant, this Court is of the considered view that the amounts awarded
by the Tribunal under other heads are just and reasonable and hence, the same
are hereby confirmed.
10.It is well settled that the Tribunal and the Courts have to award just
compensation. Though the claimant has claimed lesser compensation, the
Courts have power to grant just compensation more than the amount claimed
by the claimants. Thus, the compensation awarded by the Tribunal is
modified as follows:
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C.M.A.No.2516 of 2019
S. Description Amount awarded Amount awarded Award confirmed
No by Tribunal by this Court or enhanced or
(Rs) (Rs) granted
1. Disability 15,000/- 15,000/- Confirmed
2. Pain and sufferings 35,000/- 35,000/- Confirmed
3. Extra nourishment 5,000/- 5,000/- Confirmed
4. Transportation 5,000/- 5,000/- Confirmed
5. Loss of Income 18,000/- 18,000/- Confirmed
6. Attendant charges 5,000/- 5,000/- Confirmed
7. Medical expenses - 5,29,515/- Granted
Total Rs.83,000/- Rs.6,12,515/- Enhanced by
Rs.5,29,515/-
11.In the result, this Civil Miscellaneous Appeal is allowed and the
compensation awarded by the Tribunal at Rs.83,000/- is hereby enhanced to
Rs.6,12,515/- together with interest at the rate of 7.5% per annum from the
date of petition till the date of deposit. The respondents are jointly and
severally 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.209 of 2014 on the file of the Motor
Accident Claims Tribunal, Sub Court, Udumalpet. On such deposit, the
appellant is permitted to withdraw the award amount now determined by this
Court, along with interest and costs, less the amount if any, already
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C.M.A.No.2516 of 2019
withdrawn by making necessary applications before the Tribunal. The
appellant is directed to pay the necessary Court fee on the enhanced amount
of compensation. No costs.
15.07.2021
krk
Index : Yes / No
Internet : Yes / No
To
1.The Subordinate Judge,
Motor Accident Claims Tribunal,
Udumalpet.
2.The Section Officer,
VR Section,
High Court,
Madras.
S.KANNAMMAL, J.
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C.M.A.No.2516 of 2019
krk
C.M.A.No.2516 of 2019
15.07.2021
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