Madras High Court
Kanaga vs S. Poopandian on 26 July, 2021
CMA No.1199 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.07.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
CMA No.1199 of 2016
Kanaga ... Appellant
versus
1. S. Poopandian
R1- already set exparte in lower Court
R1 – notice may be dispense with)
2. The United India Insurance Co. Ltd.,
No.127/A, 1st Floor, Trunk Road,
Poonamallee,
Chennai – 56. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act against the decree and award dated 03.08.2015 and made in
M.C.O.P. No.220 of 2014 on the file of the Motor Accident Claims
Tribunal, III Additional District Court, Poonamallee.
For Appellant : Ms.S. Jeyanthi
for Mr.J.Mahalingam
For Respondents : Mr.P.Sankaranarayanan for R2
R1 - Exparte
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CMA No.1199 of 2016
JUDGMENT
(Heard Video Conference)
This appeal has been filed by the claimant seeking enhancement of
compensation under the impugned award dated 03.08.2015 passed by
the Motor Accident Claims Tribunal, III Additional District Court,
Thiruvallur in MCOP No.220 of 2014.
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.)
Disability compensation 40,000
Rs.2,000 x 20%
Pain and suffering 20,000
Transportation 5,000
Extra nourishment 5,000
Loss of income for one month 4,500/-
Total 74,500/-
4. Heard Ms. S.Jayanthi, learned counsel for the appellant /
CMA No.1199 of 2016
claimant and Mr.P.Sankaranarayanan, learned counsel for the 2nd
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 sustained the following injuries as a
result of an accident on 01.11.2013 caused by a vehicle, owned by the
first respondent and insured with the second respondent. The cause of
the accident has not been disputed by the respondents. The appellant /
claimant was a Cook, aged 42 years at the time of the accident. In the
claim petition, she has pleaded that she was earning Rs.8,000/- p.m..
However, the Tribunal has assessed her monthly income only at
Rs.4,500/-, which in the considered view of this Court is too low and not
in accordance with the settled practice. Since, the accident happened
in the year 2013, even though no documentary evidence was produced by
the appellant / claimant before the Tribunal to substantiate her monthly
income, it is settled practice that for an accident of the year 2013, the
notional monthly income is fixed at Rs.8,000/-. Accordingly, this Court
CMA No.1199 of 2016
fixes the notional monthly income at Rs.8,000/- instead of Rs.4,500/-
erroneously fixed by the Tribunal.
7. The Tribunal has awarded a compensation of Rs.4,500/- to the
appellant / claimant towards loss of income for the period of her
treatment calculated for a period of one month. Since, the monthly
income of the appellant / claimant is enhanced from Rs.4,500/- to
Rs.8,000/- by this Court, the loss of income to the appellant / claimant
during the period of treatment is enhanced to Rs.8,000/- calculated for a
period of one month.
8. The Doctor (PW2) has assessed the disability of the appellant /
claimant at 25%, as seen from Ex.P5. However, the Tribunal on its own
without any basis has fixed the disability at 20%. No reasons have been
given by the Tribunal under the impugned award for reducing the
disability to 20% even though the Doctor (PW2) has assessed the same
at 25%. This Court after giving due consideration to the nature of
injuries sustained by the appellant / claimant as indicated supra fixes the
disability of the appellant / claimant at 25% as assessed by the Doctor
(PW2).
9. The Tribunal has awarded a disability compensation of
CMA No.1199 of 2016
Rs.40,000/-, which in the considered view of this Court is low. If the
year of the accident was duly considered by the Tribunal, the disability
compensation would have been assessed at a higher sum. It is settled
practice that for an accident of the year 2013, the disability compensation
is calculated at Rs.3,000/- per percentage of disability. Accordingly, this
Court fixes the disability compensation at Rs.75,000/- calculated at
Rs.3,000/- per percentage of disability for the 25% disability assessed by
this Court instead of Rs.40,000/- erroneously fixed by the Tribunal.
10. The Tribunal has failed to award any compensation towards
loss of amenities and medical expenses, which the appellant / claimant is
legally entitled to. After giving due consideration to the nature of the
injuries sustained by her, this Court awards a compensation of
Rs.10,000/- towards loss of amenities and another sum of Rs.10,000/-
towards medical expenses.
11. The Tribunal has awarded a compensation of Rs.20,000/-
towards pain and suffering, Rs.5,000/- towards extra nourishment and
another sum of Rs.5,000/- towards transportation, which in the
considered view of this Court cannot be considered to be inadequate as
alleged by the appellant / claimant and therefore, the same is confirmed
CMA No.1199 of 2016
by this Court.
12. 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.)
Disability compensation 40,000/- 75,000/-
*Rs.2,000 x 20% * #
# Rs.3,000 x 25%
Pain and suffering 20,000 20,000/-
Transportation 5,000 5,000/-
Extra nourishment 5,000 5,000/-
Loss of income for one 4,500/- 8,000/-
month
Loss of amenities - 10,000/-
Medical expenses - 10,000/-
Total 74,500/- 1,33,000/-
13. In the result, the appeal filed by the appellant / claimant,
stands partly allowed by enhancing the compensation from Rs.74,500/-
to Rs.1,33,000/-, as indicated above. No costs.
14. The second respondent / Insurance Company is directed to
deposit the entire award amount as awarded by the Tribunal together with
interest at 7.5% p.a. from the date of the claim petition till the date of
realization and costs, less the amount, if any, already deposited to the
CMA No.1199 of 2016
credit of M.C.O.P. No.220 of 2014 on the file of the Motor Accident
Claims Tribunal, III Additional District Court, Poonamallee, within a
period of four 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.
26.07.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
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To
1.The III Additional District Judge,
Motor Accident Claims Tribunal,
Poonamallee.
2. The Section Officer,
V.R. Section
High Court of Madras, Chennai - 104.
ABDUL QUDDHOSE, J.
CMA No.1199 of 2016
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CMA No.1199 of 2016
26.07.2021
