Madras High Court
Senthilumar vs Jothivel on 23 July, 2021
C.M.A.No.2550 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.07.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A.No.2550 of 2019
Senthilumar .. Appellant
Vs.
1.Jothivel
(The 1st respondent is the owner of the vehicle
but remained ex-parte before the Tribunal and
no liability fixed. Hence, notice may be dispensed with)
2.United India Insurance Company Ltd.,
by its Divisional Manager,
No.50-A, Pallivasal Street, Perambalur. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree dated 14.03.2019 made
in M.C.O.P.No.439 of 2016 on the file of the Motor Accident Claims
Tribunal, Chief Judicial Magistrate, Perambalur.
For Appellant : Mr.S.Kamadevan
For R2 : Mr.M.J.Vijaya Raghavan
1/9
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C.M.A.No.2550 of 2019
JUDGMENT
(The Case has been heard through Video Conference)
The Civil Miscellaneous Appeal is filed by the appellant seeking
enhancement of compensation granted by the Tribunal in the award dated
14.03.2019 made in M.C.O.P.No.439 of 2016 on the file of the Motor
Accident Claims Tribunal, Chief Judicial Magistrate, Perambalur.
2.The appellant is claimant in M.C.O.P.No.439 of 2016 on the file of
the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Perambalur.
He filed the said claim petition claiming a sum of Rs.25,00,000/- as
compensation for the injuries sustained by him in the accident that took place
on 10.11.2015.
3.The Tribunal, considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent riding by
the rider of the Motor Cycle belonging to 1st respondent and directed the 2nd
respondent/Insurance Company, being the insurer of the motorcycle to pay a
sum of Rs.13,94,800/- as compensation to the appellant.
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C.M.A.No.2550 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 has sustained fracture in left temporal bone with
hematoma in left tempro parietal region and haemorrhagic contusions in right
temporal and cerebellar region. The Medical Board constituted in the
Government Hospital, Perambalur, certified that the appellant suffered 80%
permanent disability and issued Ex.C1/disability certificate to that effect. The
Tribunal without giving any valid reason, reduced the percentage of disability
to 50% and awarded compensation only for 50% disability. The appellant has
taken treatment at Kauvery Hospital, Trichy as in-patient from 10.11.2015 to
02.12.2015, from 06.12.2015 to 17.12.2015, from 18.01.2016 to 20.01.2016,
from 26.02.2016 to 29.02.2016 and from 26.05.2016 to 29.05.2016 for more
than 46 days and thereafter took treatment as outpatient. The appellant was
the HITTACHI JCB Operator and was earning a sum of Rs.25,500/- per
month at the time of accident and produced Ex.P11/salary certificate in
support of the said contention. Due to the injuries sustained by him in the
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C.M.A.No.2550 of 2019
accident, he could not continue the work as he was doing earlier. But, the
Tribunal has fixed only a meagre sum of Rs.6,000/- as monthly income of the
appellant while awarding compensation towards disability by adopting
multiplier method. The Tribunal ought to have fixed a sum of Rs.12,000/- as
monthly income of the appellant and awarded more compensation towards
disability. The amounts awarded by the Tribunal under different heads are
meagre and prayed for enhancement of compensation.
6.Per contra, Mr.M.J.Vijaya Raghavan, learned counsel appearing for
the 2nd respondent/Insurance Company contended that the appellant has not
produced any document to prove his avocation and income. In the absence of
any material evidence with regard to avocation and income, the monthly
income fixed by the Tribunal at Rs.6,000/- is on the higher side and the
compensation awarded by the Tribunal towards disability by adopting
multiplier method 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/Insurance Company and
perused all the materials available on record.
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C.M.A.No.2550 of 2019
8.From the materials available on record, it is seen that in the accident,
the appellant sustained fracture in left temporal bone with hematoma in left
tempro parietal region and haemorrhagic contusions in right temporal and
cerebellar region. The appellant has taken treatment at Kauvery Hospital,
Trichy as in-patient from 10.11.2015 to 02.12.2015, from 06.12.2015 to
17.12.2015, from 18.01.2016 to 20.01.2016, from 26.02.2016 to 29.02.2016
and from 26.05.2016 to 29.05.2016 and thereafter took treatment as
outpatient. The Medical Board constituted in the Government Hospital,
Perambalur, certified that the appellant suffered 80% permanent disability
and issued Ex.C1/disability certificate to that effect. The Tribunal considering
the evidence of Ex.C1/disability certificate and nature of injuries, fixed
disability suffered by the appellant at 50% for the whole body and awarded
compensation towards 50% disability by adopting multiplier method. The
reason given by the Tribunal for fixing disability of the appellant at 50% for
whole body is proper.
9.It is the contention of the appellant that he was the HITTACHI JCB
Operator and was earning a sum of Rs.25,500/- per month. To prove the
same, the appellant produced Ex.P11/Salary certificate in support of the said
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C.M.A.No.2550 of 2019
contention. But, he has not examined anybody in connection with the
Ex.P11/salary certificate and no other document is produced. In the absence
of any material evidence to prove the avocation and income, the Tribunal
fixed a sum of Rs.6,000/- per month as notional income of the appellant and
granted 40% enhancement towards future prospects. The accident is of the
year 2015 and the monthly income fixed by the Tribunal is meagre.
Considering the year of accident, age and nature of work done by the
appellant, a sum of Rs.12,000/- per month is fixed as notional income of the
appellant. The appellant was aged 21 years at the time of accident. The
Tribunal applied correct multiplier ‘17’. Thus, the amount awarded by the
Tribunal towards disability is modified to Rs.17,13,600/- {[Rs.12,000/- +
Rs.4,800/- (40% of Rs.12,000/-)] x 12 x 17 x 50/100]}. The Tribunal
considering the evidence of the Medical Board and nature of injuries
sustained by the appellant, has awarded amounts under different heads, which
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.2550 of 2019
S.No Description Amount Amount Award
awarded by awarded by this confirmed or
Tribunal Court (Rs) enhanced or
(Rs) granted
1. Disability 8,56,800/- 17,13,600/- Enhanced
2. Medical 4,24,000/- 4,24,000/- Confirmed
expenses
3. Loss of income 24,000/- 24,000/- Confirmed
4. Transportation 20,000/- 20,000/- Confirmed
5. Pain & sufferings 40,000/- 40,000/- Confirmed
6. Extra 10,000/- 10,000/- Confirmed
nourishment
7. Attendant 20,000/- 20,000/- Confirmed
charges
Total 13,94,800/- 22,51,600/- Enhanced by
Rs.8,56,800/-
10.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.13,94,800/- is hereby
enhanced to Rs.22,51,600/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. The appellant is
directed to pay the necessary Court fee, if any, on the enhanced
compensation. The 2nd respondent/Insurance Company is directed to deposit
the enhanced award amount now determined by this Court along with interest
and costs, less the amount already deposited, if any, within a period of four
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C.M.A.No.2550 of 2019
weeks from the date of receipt of a copy of this judgment to the credit of
M.C.O.P.No.439 of 2016 on the file of the Motor Accident Claims Tribunal,
Chief Judicial Magistrate, Perambalur. On such deposit, the appellant is
permitted to withdraw the enhanced award amount along with interest and
costs, less the amount if any, already withdrawn by making necessary
application before the Tribunal. No costs.
23.07.2021
Index : Yes / No
Internet : Yes / No
gbi
To
1.The Chief Judicial Magistrate,
Motor Accident Claims Tribunal, Perambalur.
2.The Section Officer,
V.R. Section, High Court, Madras.
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C.M.A.No.2550 of 2019
S.KANNAMMAL, J.,
gbi
C.M.A.No.2550 of 2019
23.07.2021
https://www.mhc.tn.gov.in/judis/
