Madras High Court
Kulandaivel vs C.Rajakumar on 28 July, 2021
C.M.A.No.1980 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.07.2021
CORAM:
THE HONOURABLE TMT.JUSTICE S.KANNAMMAL
C.M.A.No.1980 of 2021
Kulandaivel .. Appellant
Vs.
1.C.Rajakumar
2.The Oriental Insurance Co., Ltd.,
No.3L, Siddhaveerappa Chetty Street,
Dharmapuri Town & District. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
28.01.2020 made in M.C.O.P.No.788 of 2011 on the file of the Motor
Accident Claims Tribunal, Subordinate Judge, Sankari.
For Appellant : Mr.T.S.Arthanareeswaran
For R2 : Mr.J.Chandran
JUDGMENT
The matter is heard through “Video Conferencing”.
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 28.01.2020 made in
M.C.O.P.No.788 of 2011 on the file of the Motor Accident Claims Tribunal,
Subordinate Judge, Sankari.
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C.M.A.No.1980 of 2021
2. The appellant is the claimant in M.C.O.P.No.788 of 2011 on the file
of the Motor Accident Claims Tribunal, Subordinate Judge, Sankari. He filed
the above said claim petition, claiming a sum of Rs.5,00,000/- as
compensation for the injuries sustained by him in the accident that took place
on 29.05.2011.
3. The Tribunal, considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
the driver of the TATA SUMO belonging to the 1st respondent as well as
negligent act on the part of the appellant, fixed 50% contributory negligence
on the part of the appellant and 50% contributory negligence on the part of
the 2nd respondent/Insurance Company, awarded a sum of Rs.3,00,000/- as
compensation and directed both the 1st respondent/owner of the TATA
SUMO as well as the 2nd respondent/Insurance Company are jointly and
severally to pay a sum of Rs.1,50,000/- i.e., 50% of the award amount, as
compensation to the appellant.
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C.M.A.No.1980 of 2021
4. Challenging 50% contributory negligence on the part of the
appellant and not being satisfied with the amount awarded by the Tribunal
and the appellant has come out with the present appeal seeking enhancement
of compensation and setting aside 50% contributory negligence.
5. Though the learned counsel appearing for the appellant raised
various grounds in the appeal with regard to enhancement of compensation,
when the matter is taken up for hearing, he is questioning only the medical
expenses awarded by the Tribunal.
6. The learned counsel appearing for the appellant would contend that
the Tribunal has awarded very meagre compensation and without properly
considering the evidence on record, the Tribunal has wrongly fixed
contributory negligence at 50% on the part of the appellant/claimant. The
learned counsel also would contend that the appellant sustained grievous
injuries and fractures in the accident and he has taken treatment as in-patient
from 30.05.2011 to 19.06.2011 and also undergone surgeries and he incurred
Rs.1,91,147.25/- towards medical expenses and despite proving the same by
marking Ex.P5, the Tribunal has reduced the same and granted only a sum of
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C.M.A.No.1980 of 2021
Rs.1,20,000/-. He also contended that the compensation awarded under
various heads are also very meagre. Therefore, the learned counsel for the
appellant seeks for enhancement of the compensation by way of modification.
7. Per contra, Mr.J.Chandran, learned counsel appearing for the 2nd
respondent-Insurance Company would submit that the Tribunal has infact
granted excessive compensation and rightly fixed the contributory negligence
at 50% on each of the drivers of the car involving in the accident. Therefore,
he would submit that no interference is required in the award of the Tribunal.
Therefore, he submitted that the award of the Tribunal does not warrant any
interference.
8. Heard the learned counsel appearing for the appellant as well as the
learned counsel appearing for the 2nd respondent and perused the entire
materials available on record.
9. A perusal of the award of the Tribunal would reveal that the Tribunal
has analyzed the evidence available on record and rightly fixed the
contributory negligence at 50:50 on both drivers of the car involved in the
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C.M.A.No.1980 of 2021
accident wherein both the vehicles had head on collision and both vehicles
got damaged. This Court does not see any reason to take a different review in
this regard.
10. As regards the compensation awarded towards medical expenses is
concerned. Admittedly, the claimant had sustained injuries such as (i) fracture
in shaft right femur with ipsilateral intertorchanteric fracture (ii) fracture in
shaft left humerus (mid 1/3th) (iii) medial condyle fracture in right knee (iv)
blunt chest injury and (v) fracture in right ulna shaft. He had taken treatment
as in-patient from 30.05.2011 to 19.06.2011 and also undergone surgeries.
Though the claimant produced Ex.P5/medical bills wherein it was shown that
the medical expenses incurred by the appellant is Rs.1,91,147.25/-, this Court
failed to understand as to who the Tribunal has reduced the medical expenses
to Rs.1,20,000/-. Therefore, this Court is of the view that the compensation
towards medical expenses is liable to be modified and accordingly, the same
is modified to the extent of Rs.1,91,000/-. As regards the compensation
awarded under various heads are concerned, this Court does not warrant any
interference and the same is confirmed. Thus, the compensation awarded by
the Tribunal is modified as follows:
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C.M.A.No.1980 of 2021
S. Description Amount awarded by Amount awarded Award
No Tribunal by this Court confirmed or
(Rs) (Rs) enhanced or
granted
1. Disability 96,000/- 96,000/- Confirmed
2. Medical expenses 1,20,000/- 1,91,000/- Enhanced
3. Transportation 3,000/- 3,000/- Confirmed
4. Extra nourishment 10,000/- 10,000/- Confirmed
5. Future medical 50,000/- 50,000/- Confirmed
expenses
6. Pain & sufferings 20,000/- 20,000/- Confirmed
Total Rs.2,99,000/- Rs.3,70,000/- Enhanced
rounded off to by
Rs.70,000/-
Rs.3,00,000/-
11. In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.3,00,000/- is hereby
enhanced to Rs.3,70,000/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. The
appellant/claimant is directed to pay necessary Court fee, if any, on the
enhanced compensation. Both the 1st respondent/owner of the vehicle as well
as the 2nd respondent/Insurance Company are jointly and severally to deposit
50% of the enhanced award amount now determined by this Court i.e.,
Rs.1,85,000/- along with interest and costs, less the amount already deposited
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C.M.A.No.1980 of 2021
if any, within a period of two weeks from the date of receipt of a copy of this
judgment. 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. No costs.
28.07.2021
gbi
Index : Yes / No
Internet : Yes / No
To
1.The Subordinate Judge,
Motor Accident Claims Tribunal,
Sankari.
2.The Section Officer,
VR Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1980 of 2021
S.KANNAMMAL, J.
gbi
C.M.A.No.1980 of 2021
28.07.2021
https://www.mhc.tn.gov.in/judis/
