Madras High Court
Sampanatha Moorthy vs Mary Rani on 15 July, 2021
CMA No.2253 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.07.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
CMA No.2253 of 2016
Sampanatha Moorthy ... Appellant
versus
1. Mary Rani
2. The Oriental Insurance Co. Ltd.,
No.8, Explanade Road,
LIC Building,
3rd Floor,
Chennai – 108. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act against the judgment and decree dated 30.05.2008 and made
in M.A.C.T.O.P. No.606 of 2003 on the file of the Motor Accident
Claims Tribunal, Additional District Judge, Fast Track Court No.III,
Chennai.
For Appellant : Ms. A. Subadra
for Ms.M.Malar
For Respondents : Mr.K.Vinod for R2
R1 - Exparte
JUDGMENT
(Heard Video Conference)
This appeal has been filed by the claimant seeking enhancement
of compensation under the impugned award dated 30.05.2008 passed by
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CMA No.2253 of 2016
the Motor Accident Claims Tribunal, Additional District Judge, Fast
Track Court No.III, Chennai in MCOP No.606 of 2003.
2. The appellant / claimant unsatisfied with the quantum of
compensation awarded by the Tribunal under the impugned award has
preferred this appeal seeking for enhancement.
3. The details of the compensation awarded by the Tribunal under
the impugned award are as follows :
Heads Amount awarded
by the Tribunal
(Rs.)
Pecuniary loss
Medical expenses under 940/-
Ex.P2 and P4
Transport to hospital 1,000/-
Extra nourishment 1,000/-
Non pecuniary loss
Pain and sufferings 5,000/-
Loss of amenities in life 2,000/-
Permanent disablement of 40,000/-
earning power 40%
Total 49,940/-
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CMA No.2253 of 2016
4. Heard Ms. A. Subadra, representing counsel for Ms.M.Malar,
learned counsel on record for the appellant / claimant and Mr.K.Vinod,
learned counsel for the second respondent / Insurance Company. R1
was set ex-parte before the Tribunal, hence notice to R1 is dispensed
with.
5. This Court has perused and examined the impugned award
before the Tribunal.
6. The appellant / claimant was a lorry Driver aged 33 years and he
sustained both bone fracture of his left leg. He was also hospitalised
from 04.08.2002 to 17.08.2002 and the discharge summary issued by the
hospital has also been marked as Ex.P1 before the Tribunal. The Doctor
(PW2), who examined him has assessed his disability at 40%. The
Tribunal after giving due consideration to the nature of injuries sustained
by the appellant / claimant has fixed the percentage of disability at 40%,
which is a correct assessment. The Tribunal has awarded a disability
compensation of Rs.40,000/- calculated at Rs.1,000/- per percentage of
disability to the appellant / claimant, since the accident happened in the
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CMA No.2253 of 2016
year 2002, the said assessment made by the Tribunal is a correct
assessment and the same is confirmed by this Court.
7. The Tribunal has not awarded any compensation towards loss of
income during the period of appellant's /claimant's treatment. As seen
from the evidence available on record, the loss of income ought to have
been awarded by the Tribunal. After giving due consideration to the
nature of the injuries sustained by the appellant / claimant as well as the
medical records including the discharge summary, which was marked as
Ex.P1 before the Tribunal, this Court is of the considered view that
atleast for a period of 10 months, the appellant / claimant would have
been unable to perform his regular work as a Driver. Since, the accident
happened in the year 2002, after giving due consideration to the
avocation of the appellant / claimant, the notional monthly income of the
appellant / claimant at the time of the accident is fixed by this Court at
Rs.3,000/-. Therefore, the loss of income payable to the appellant /
claimant during the period of his treatment is Rs.30,000/-, calculated at
Rs.3,000/-p.m., for a period of 10 months.
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CMA No.2253 of 2016
8. The Tribunal has also erroneously failed to award any
compensation towards attender charges, which the appellant / claimant is
legally entitled to as per the settled practice. This Court after giving due
consideration to the nature of injuries sustained by the appellant /
claimant awards a compensation of Rs.5,000/- towards attender charges
to the appellant / claimant.
9. Insofar as the compensation awarded by the Tribunal towards
medical expenses at Rs.940/- is concerned, the same is supported by
medical bills produced by the appellant / claimant before the Tribunal
and therefore, it is confirmed by this Court.
10. However, the compensation awarded by the Tribunal towards
extra nourishment, transportation, pain and suffering and loss of
amenities is on the lower side and it has to be enhanced. This Court after
giving due consideration to the nature of injuries sustained by the
appellant / claimant enhances the compensation towards extra
nourishment, transportation, pain and suffering and loss of amenities to
Rs.5,000/-, Rs.5,000/-, Rs.15,000/- and Rs.5,000/- respectively.
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CMA No.2253 of 2016
11. For the foregoing reasons, the award of the Tribunal is hereby
enhanced in the following manner :
Heads Amount awarded Amount awarded
by the Tribunal by this Court
(Rs.) (Rs.)
Pecuniary loss
Medical expenses under 940/- 940/-
Ex.P2 and P4
Transport to hospital 1,000/- 5,000/-
Extra nourishment 1,000/- 5,000/-
Non pecuniary loss
Pain and sufferings 5,000/- 15,000/-
Loss of amenities in life 2,000/- 5,000/-
Permanent disablement of 40,000/- 40,000/-
earning power 40%
Loss of income - 30,000/-
(3000 x 10)
Attender charges - 5,000/-
Total 49,940/- 1,05,940/-
12. In the result, the appeal filed by the appellant / claimant,
stands partly allowed by enhancing the compensation from Rs.49,940/-
to Rs.1,05,940/-, as indicated above. No costs. Consequently, connected
miscellaneous petition is closed.
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CMA No.2253 of 2016
13. There is a delay of 1202 days in filing the appeal, which was
earlier condoned by this Court. It is made clear that the appellant /
claimant is not entitled to get any interest for the said delay period of
1202 days.
14. The second respondent / Insurance Company is directed to
deposit the entire award amount as assessed by this Court together with
interest at 7.5% p.a. from the date of claim petition till the date of
realization, less the delay period of 1202 days less the amount, if any,
already deposited to the credit of M.A.C.T.O.P. No.606 of 2003 on the
file of the Motor Accident Claims Tribunal, Additional District Judge,
Fast Track Court No.III, Chennai, within a period of eight weeks from
the date of receipt of a copy of this Judgment. On such deposit being
made, the Tribunal is directed to transfer the award amount directly to the
bank account of the appellant / claimant through RTGS, within a period
of two weeks thereafter. Necessary Court fee, if any has to be paid by the
appellant / claimant before receiving the copy of this Judgment.
15.07.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
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CMA No.2253 of 2016
To
1. The Additional District Judge,
Fast Track Court No.III,
Motor Accident Claims Tribunal,
Chennai.
2. The Section Officer,
V.R. Section
High Court of Madras, Chennai - 104.
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CMA No.2253 of 2016
ABDUL QUDDHOSE, J.
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CMA No.2253 of 2016
15.07.2021
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