Madras High Court
Murugan vs M/S.Green House Promoters Pvt. ... on 28 July, 2021
C.M.A.No.2496 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.07.2021
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No.2496 of 2015
Murugan ... Appellant
Vs
1.M/s.Green House Promoters Pvt. Ltd.,
No.114, Sir Thiyagaraya Road,
Menakampala Arcade,
T.Nagar,
Chennai
(Since R1 remained exparte
before the Tribunal its presence
may be dispensed with)
2.National Insurance Co. Ltd.,
No.18, North Usman Road,
Chennai - 17 ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act against the Judgment and decree dated 23.09.2014 and made
in MCOP.No.4687 of 2009 on the file of the Motor Accident Claims
Tribunal (In the court of III Small Causes) Chennai.
1/10
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C.M.A.No.2496 of 2015
For Appellant : Ms.A.Subadra
for Ms.M.Malar
For Respondent 2 : Mr.J.Chandran
For Respondent 1 : Exparte
JUDGMENT
(This case is heard through Video Conferencing)
This appeal has been filed by the claimant seeking enhancement of
compensation under the impugned award dated 23.09.2014 passed by the
Motor Accident Claims Tribunal (III Court of Small Causes, Chennai) in
MCOP.No.4687 of 2009.
2. The Appellant/claimant unsatisfied with the quantum of
compensation awarded by the Tribunal has preferred this appeal seeking for
enhancement.
3. Heard Ms.A.Subadra, learned counsel representing Ms.M.Malar,
learned counsel for the Appellant and Mr.J.Chandran, learned counsel for
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C.M.A.No.2496 of 2015
the second respondent Insurance Company. The first respondent has
remained exparte both before the Tribunal as well as this Court.
4. The details of the compensation awarded by the Tribunal to the
first respondent/claimant are as follows:
Heads Award Amount
(Rs.)
Loss of income 15,000/-
Transport to Hospital 3,000/-
Extra nourishment 5,000/-
Damage to clothing 500/-
Medical expenses 5,414/-
Pain and suffering 25,000/-
Disability at 40% 80,000/-
Total 1,33,914/-
5. The main contention of the Appellant/claimant is that the Tribunal
ought to have adopted the multiplier method and ought to have granted
compensation towards loss of earning capacity to him. It is also his
contention that the compensation awarded by the Tribunal under various
heads is inadequate and it is not a just compensation.
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C.M.A.No.2496 of 2015
6. The appellant/claimant has sustained fracture of right leg, fracture
of right pubic ram, dislocation of right side hip and multiple injuries all over
his body. He was hospitalised between the period from 17.07.2008 to
27.07.2008 as seen from the discharge summary which has been marked as
an exhibit before the Tribunal. The nature of injuries sustained by the
Appellant/claimant and the period of hospitalisation has not been disputed
by the second respondent Insurance Company before the Tribunal. The
Doctor (PW3) who has examined the Appellant/claimant has assessed the
Appellant's/claimant's disability at 60%. However, the Tribunal without
assigning any reason has reduced the disability on its own to 40%. This
Court is of the considered view that after giving due consideration to the
nature of injuries sustained by the Appellant/claimant, the disability assessed
by the Doctor at 60% will have to be retained. The Tribunal has awarded a
disability compensation of Rs.80,000/- to the Appellant/claimant calculated
at Rs.2,000/- per percentage of disability for 40% disability assessed by it.
Since the percentage of disability has been enhanced to 60% by this Court,
the disability compensation is reassessed by this Court at Rs.1,20,000/-
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C.M.A.No.2496 of 2015
calculated at Rs.2,000/- per percentage of disability for 60% disability.
7. The Tribunal has awarded a compensation of Rs.15,000/- to the
Appellant/claimant towards loss of income during the period of his
treatment. The Appellant/claimant was a fisherman by profession at the time
of the accident. The Tribunal has assessed the notional monthly income of
the Appellant/claimant at Rs.5,000/- for a accident that happened in the year
2008 and the same is confirmed by this Court. However, considering the
nature of injuries sustained by the Appellant/claimant and his period of
hospitalisation as well as the report given by the Doctor PW3 that he would
suffer some difficulty in doing his profession as a fisherman due to the
injuries sustained by him, this Court is of the considered view that at least
for a period of six months, the Appellant/claimant could have been unable to
do his regular work as a fisherman. Therefore, the compensation towards
loss of income is enhanced to Rs.30,000/- calculated at Rs.5,000/- per
month for a period of six months instead of Rs.15,000/- fixed by the
Tribunal.
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C.M.A.No.2496 of 2015
8. Similarly the compensation awarded by the Tribunal towards
transportation, extra nourishment and damages to clothing is also low and
is not in accordance with the settled practice and therefore, this Court
enhances the same to Rs.10,000/-, Rs.10,000/- and Rs.1,000/- respectively.
9. With regard to the compensation of Rs.5,414/- fixed by the
Tribunal towards medical expenses is concerned, the same is confirmed by
this Court as it is only in accordance with the medical bills submitted by the
Appellant/claimant before the Tribunal.
10. The compensation awarded by the Tribunal towards pain and
suffering at Rs.25,000/- is also a just compensation and does not call for any
interference.
11. For the foregoing reasons, the compensation awarded by the
Tribunal is enhanced to Rs.2,01,414/- by this Court from Rs.1,33,914/-
fixed by the Tribunal as detailed hereunder:
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C.M.A.No.2496 of 2015
Heads Amount Amount
awarded by the awarded by this
Tribunal Court
(Rs.) (Rs.)
Loss of income 15,000/- 30,000/-
Transport to Hospital 3,000/- 10,000/-
Extra nourishment 5,000/- 10,000/-
Damage to clothing 500/- 1,000/-
Medical expenses 5,414/- 5,414/-
Pain and suffering 25,000/- 25,000/-
Disability at 40% 80,000/- 1,20,000/-
Total 1,33,914/- 2,01,414/-
12. In the result, this civil miscellaneous appeal is partly allowed by
enhancing the compensation from Rs.1,33,914/- to Rs.2,01,414/-. The
second respondent Insurance Company is directed to deposit the enhanced
award amount, after deducting the amount already deposited if any, together
with interest from the date of claim till the date of deposit, to the credit of
MCOP.No.4687 of 2009 within a period of four weeks from the date of
receipt of a copy of this Judgment. On such deposit being made, the
Tribunal shall transfer the amount lying to the credit of MCOP.No.4687 of
2009 to the bank account of the Appellant/claimant through RTGS within a
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C.M.A.No.2496 of 2015
period of one week thereafter. No costs.
28.07.2021
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Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
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C.M.A.No.2496 of 2015
To
1. The Court of III Small Causes, Chennai.
2.The Section Officer, V.R.Section, High Court of Madras.
ABDUL QUDDHOSE, J.
nl
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C.M.A.No.2496 of 2015
C.M.A.No.2496 of 2015
28.07.2021
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