Madras High Court
Vidhya vs Devaraj on 29 July, 2021
C.M.A.Nos.1454 and 1455 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.07.2021
CORAM:
THE HONOURABLE MRS. JUSTICE S. KANNAMMAL
C.M.A.Nos.1454 and 1455 of 2020
Vidhya .. Appellant in C.M.A.No.1454 of 2020
Vignesh .. Appellant in C.M.A.No.1455 of 2020
Versus
1.Devaraj
2.HDFC ERGO General Insurance Co.Ltd.,
Rep by its Branch Manager,
No.528, Anna Salai, 2nd Floor,
Chennai-600 002. .. Respondents in both C.M.As
These Civil Miscellaneous Appeals are filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
31.07.2019 made in M.C.O.P.Nos.149 and 148 of 2016 on the file of the
Motor Accident Claims Tribunal, Chief Judicial Magistrate, Chengalpattu.
For Appellants : Mr. S. S. Swaminathan
For R1 : No appearance
For R2 : Mrs. R. Sree Vidhya
JUDGMENT
The matter is heard through “Video Conferencing/Hybrid mode”.
These Civil Miscellaneous Appeals have been filed for enhancement of
compensation granted by the award dated 31.07.2019 made in
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C.M.A.Nos.1454 and 1455 of 2020
M.C.O.P.Nos.149 and 148 of 2016 on the file of the Motor Accident Claims
Tribunal, Chief Judicial Magistrate, Chengalpattu.
2.The appellants are the claimants in M.C.O.P.Nos.149 and 148 of
2016 on the file of the Motor Accident Claims Tribunal, Chief Judicial
Magistrate, Chengalpattu. They filed the above said claim petitions, claiming
a sum of Rs.35,00,000/- and Rs.20,00,000/- respectively as compensation for
the injuries sustained by them in the accident that took place on 25.01.2016.
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 lorry owned by the first respondent and directed the second
respondent-Insurance Company to pay a sum of Rs.16,37,631/- and
Rs.3,32,940/- respectively as compensation to the appellants.
4.Not being satisfied with the amounts awarded by the Tribunal, the
appellants have come out with the present appeal seeking enhancement of
compensation.
5.The appellants are the claimants who sustained injuries in a road
accident that had occurred on 25.01.2016 at 2.40 p.m., while they were
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C.M.A.Nos.1454 and 1455 of 2020
travelling in a motorcycle bearing Registration No.TN-21-AU-7008 from
Mamandur to Sriperumbudur on the S.P.Koil to Oragadom Road, opposite to
Welder Vasu house at Sendhamangalam, a lorry bearing Registration No.TN-
21-BZ-1750 which was driven by its driver in a rash and negligent manner,
dashed behind the said motorcycle and thereby the appellants sustained
grievous injuries. The accident was caused only due to the rash and negligent
driving of the drivers of lorry.
6.Therefore, the appellants/claimants moved the Motor Accident Claims
Tribunal by filing M.C.O.P.Nos.149 and 148 of 2016 claiming compensation
for the injuries sustained by them.
7.Resisting the above petitions, the second respondent/Insurance
Company filed counter affidavits inter alia denying the manner of the alleged
accident and injuries sustained by the petitioners. The second respondent
further denied the age, occupation and income of the appellants. It is further
the case of the second respondent that the amount of compensation claimed is
excessive and has no basis. Consequently, the second respondent prayed for
dismissal of the petitions.
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C.M.A.Nos.1454 and 1455 of 2020
C.M.A.No.1454 of 2020:
8.Before the Tribunal, on the side of the appellant/claimant, the
claimant was examined as P.W.1 and Ex.P1 to Ex.P9 were marked. The 2nd
respondent/Insurance Company did not let in any oral and documentary
evidence. In addition to that, Ex.C1 was marked as Court documents.
C.M.A.No.1455 of 2020:
9.Before the Tribunal, on the side of the appellant/claimant, the
claimant was examined as P.W.1 and Ex.P1 to Ex.P12 were marked. The 2nd
respondent/Insurance Company did not let in any oral and documentary
evidence. In addition to that, Ex.C1 was marked as Court documents.
10.Upon consideration of facts and circumstances and the evidence
both oral and documentary evidence available on record, the Tribunal has held
that the accident was occurred due to rash and negligent riding of the driver of
the lorry which was insured with the second respondent/Insurance Company
and as such the Tribunal fastened the liability both on the owner of the vehicle
and also on the second respondent/Insurance Company. For the injuries
sustained by the appellant in C.M.A.No.1454 of 2020, the Tribunal awarded
a sum of Rs.16,37,631/- and for the injuries sustained by the appellant in
C.M.A.No.1455 of 2020, the Tribunal has awarded a sum of Rs.3,32,940/-
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C.M.A.Nos.1454 and 1455 of 2020
towards compensation.
11.Not being satisfied with the quantum of compensation awarded by
the Tribunal, the appellants/claimants have come forward with the present
appeals.
12.A perusal of the award passed by the Tribunal in respect of
appellant/claimant in C.M.A.No.1454 of 2020 is concerned, the Tribunal has
awarded a sum of Rs.11,79,511/- towards the expenses relating to treatment,
hospitalization and medicines. On consideration of Exs.P2 and P8/medical
bills which shows that the appellant incurred total a sum of Rs.11,79,511/-.
Therefore, the Tribunal has rightly awarded the compensation towards
medical expenses which requires no interference.
13.As regards the compensation for disability is concerned, the
Tribunal taking note of the Exs.P1/discharge summary which would establish
that the appellant was given treatment for head injury, left pneumothrax, C5-
C7 cervical spine fracture and pelvic fracture and came to the conclusion that
due to the injuries, the earning capacity of the claimant has been affected and
therefore the Tribunal fixed the functional disability at 20%. However, since
there was no documentary evidence produced by the appellant regarding his
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C.M.A.Nos.1454 and 1455 of 2020
avocation and income though he claimed Rs.20,000/- per month, the Tribunal
following the decision of the Hon'ble Supreme Court reported in Royal
Sundaram Alliance Insurance Company Vs. Vasanthapurani and Others,
wherein in the absence of documentary evidence, the Hon'ble Supreme Court
fixed the notional income of a vegetable vendor at Rs.6,000/- per month, the
Tribunal has also fixed a sum of Rs.6,000/- per month towards notional
income of the appellant. It is pertinent to note that the fixation of notional
income of a vegetable vendor by the Hon'ble Supreme Court pertains to the
year 2010 whereas in the present case, the accident had taken place in the
year 2016. In such circumstances, this Court feels it appropriate to fix the
monthly income as Rs.10,000/- per month. It is not in dispute that at the time
of the accident the appellant was 25 years old and as per the dictum of Sarla
Verma case, the appropriate multiplier is '18' and thereby the total
compensation towards disability would arrive at Rs.4,32,000/- [Rs.10,000/- X
12 X 18 X 20/100]. The compensation awarded under the head disability is
modified accordingly. The Tribunal awarded a meagre sum of Rs.5,000/-,
Rs.4,000/- and Rs.5,000/- towards conveyance, Extra nourishment and
attendant charges and the same are hereby enhanced to Rs.15,000/-,
Rs.15,000/- and Rs.25,000/- respectively. The Tribunal has awarded a sum of
Rs.25,000/- together for pain and sufferings and for loss of future amenities
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C.M.A.Nos.1454 and 1455 of 2020
and the same is not correct. The appellant is entitled to a sum of Rs.35,000/-
towards pain and sufferings and Rs.30,000/- towards loss of future amenities
separately. In respect of the compensation awarded under various heads, this
Court does not find any infirmity and the same are confirmed by this Court.
14.In the light of the above, the compensation awarded under the
various heads by the Tribunal is hereby modified as under:
S. Description Amount awarded Amount awarded Award confirmed
No by Tribunal by this Court or enhanced or
(Rs) (Rs) granted
1. Expenses relating to 11,79,511/- 11,79,511/- Confirmed
treatment,
hospitalization and
medicines
2. Expenses towards 5,000/- 15,000/- Enhanced
conveyance
3. Extra nourishment cost 4,000/- 15,000/- Enhanced
4. Attender Charges 5,000/- 25,000/- Enhanced
5. Damages to clothing 1,000/- 1,000/- Confirmed
and articles
6. Compensation for 3,93,120/- 4,32,000/- Enhanced
disability
7. Compensation for pain 25,000/- 35,000/- Enhanced
and sufferings
8. Compensation for loss 25,000/- 30,000/- Enhanced
of future amenities
Total Rs.16,37,631/- Rs.17,32,511/- Enhanced by
Rs.94,880/-
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C.M.A.Nos.1454 and 1455 of 2020
15.A perusal of the awards passed by the Tribunal in respect of the
appellant/claimant in C.M.A.No.1455 of 2020, it appears that the Tribunal
has awarded a sum of Rs.1,78,440/- towards expenses incurred for medical
treatment, hospitalization and medicines. In fact, the appellant/claimant
claimed a sum of Rs.5,00,000/- towards medical expenses. But, he produced
Ex.P3 and Exs.P5 to P7 medical bills for Rs.1,10,000/- Rs.45,600/- and
Rs.12,510/- respectively and accordingly, the Tribunal has rightly awarded
the said amounts. As regards the compensation awarded under the heads viz.,
expenses towards conveyance at Rs.5,000/-, extra nourishment at Rs.1,000/-
and attendant charges at Rs.3,000/- awarded by the Tribunal are concerned,
though there is no cogent evidence on record, the Tribunal has awarded as
such. However, in the opinion of this Court, those award amounts are very
meagre since the accident had taken place in the year 2016 and therefore they
are required to be enhanced. Accordingly, this Court feels it appropriate to
enhance the same at Rs.10,000 each. As regards the compensation awarded
under various other heads are concerned this Court is of the view that the
Tribunal has rightly and sufficiently awarded and are hereby confirmed. Thus,
the compensation awarded by the Tribunal is modified as follows:
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C.M.A.Nos.1454 and 1455 of 2020
S. Description Amount awarded Amount awarded Award confirmed
No by Tribunal by this Court or enhanced or
(Rs) (Rs) granted
1. Expenses relating to Rs.1,78,440/- Rs.1,78,440/- Confirmed
treatment,
hospitalization and
medicines
2. Expenses towards 5,000/- 10,000/- Enhanced
conveyance
3. Extra nourishment cost 1,000/- 10,000/- Enhanced
4. Attender charges 3,000/- 10,000/- Enhanced
5. Damages to clothing 1,000/- 1,000/- Confirmed
and articles
6. Compensation for 94,500/- 94,500/- Confirmed
disability
7. Compensation for pain 25,000/- 25,000/- Confirmed
and suffering
8. Compensation for loss 25,000/- 25,000/- Confirmed
of future amenities
Total Rs.3,32,940/- Rs.3,53,940/- Enhanced by
Rs.21,000/-
16.In the result, these Civil Miscellaneous Appeals are partly allowed
and the compensation awarded by the Tribunal at Rs.16,37,631/- and
Rs.3,32,940/- are hereby enhanced to Rs.17,32,511/- and Rs.3,53,940/-
respectively together with interest at the rate of 7.5% per annum from the date
of petition till the date of deposit. The second respondent-Insurance Company
is directed to deposit the award amount now determined by this Court along
with interest and costs, less the amount already deposited, if any, within a
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C.M.A.Nos.1454 and 1455 of 2020
period of six weeks from the date of receipt of a copy of this judgment, to the
credit of M.C.O.P.Nos.149 and 148 of 2016 on the file of the Motor Accident
Claims Tribunal, Chief Judicial Magistrate, Chengalpattu. On such deposit,
the appellants are permitted to withdraw the award amount now determined
by this Court, along with interest and costs, less the amount if any, already
withdrawn by making necessary applications before the Tribunal. No costs.
29.07.2021
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Index : Yes / No
Internet : Yes / No
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C.M.A.Nos.1454 and 1455 of 2020
To
1.The Chief Judicial Magistrate,
Motor Accident Claims Tribunal,
Chengalpattu.
2.The Section Officer,
VR Section,
High Court of Madras,
Chennai.
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C.M.A.Nos.1454 and 1455 of 2020
S. KANNAMMAL, J.,
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C.M.A.Nos.1454 and 1455 of 2020
29.07.2021
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