Madras High Court
C.Murugesan vs S.Hariharan on 15 June, 2021
C.M.A.No.841 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH
and
THE HONOURABLE TMT.JUSTICE S.KANNAMMAL
C.M.A.No.841 of 2021
C.Murugesan .. Appellant
Vs.
1.S.Hariharan
2.Royal Sundaram Alliance Insurance Company Limited,
Subramaniya Building, No.1, Club House Road,
Anna Salai,
Chennai – 600 002.
3.P.Rajkumar
4.Cholamandalam MS General Insurance Company Limited,
O.No.154, N.No.319, Thambu Chetti Street,
Chennai – 600 001. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
18.08.2020 made in M.C.O.P.No.942 of 2017 on the file of the Motor
Accident Claims Tribunal, Special Sub Court No.I, Small Causes Court,
Chennai.
1/11
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C.M.A.No.841 of 2021
For Appellant : Mr.A.A.Venkatesan
For R2 : Mr.G.Vasudevan
For R4 : Mr.M.B.Raghavan
JUDGMENT
(The matter is heard through “Video Conferencing/Hybrid mode”.)
(Judgment of the Court was delivered by S.KANNAMMAL, J)
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the Tribunal in the award dated 18.08.2020 made in
M.C.O.P.No.942 of 2017 on the file of the Motor Accident Claims Tribunal,
Special Sub Court No.I, Small Causes Court, Chennai.
2.The appellant is the claimant in M.C.O.P.No.942 of 2017 on the file
of the Motor Accident Claims Tribunal, Special Sub Court No.I, Small
Causes Court, Chennai. He filed the above said claim petition, claiming a
sum of Rs.1,16,00,000/- as compensation for the injuries sustained by him in
the accident that took place on 22.12.2016.
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C.M.A.No.841 of 2021
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 car belonging to 1st respondent and directed the 2nd
respondent-Royal Sundaram Alliance Insurance Company Limited to pay a
sum of Rs.33,70,400/- as compensation to the appellant.
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 sustained spinal cord injury, fracture of posterior
neural arch of D12 and fracture of left Transverse process of L-1 on the spinal
cord, fracture of left rips and compression of spinal canal and multiple
injuries all over the body. The Doctors from K.K.Nagar Hospital, Chennai
examined the appellant and certified that the appellant suffered 75%
locomotor disability and issued Ex.P15/disability certificate &
Ex.P16/disability note to that effect. The Tribunal ought to have awarded
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C.M.A.No.841 of 2021
compensation for 100% disability instead of granting compensation for 75%
disability. At the time of accident, the appellant was aged 32 years, working
as Control Room Executive at SRM Transports India (P) Limited, West
Mambalam, Chennai and was earning a sum of Rs.25,000/- per month. To
prove the avocation and income, the appellant marked his Employee ID card
as Ex.P12, Bank statement series as Ex.P13 and examined the Deputy
General Manager, SRM Transports as P.W.2. But, the Tribunal has taken the
net salary of the appellant i.e., Rs.16,745/- per month as his notional income
and awarded compensation towards disability and the same is meagre. The
Tribunal ought to have taken the gross salary of the appellant as his monthly
income and awarded compensation towards disability. The appellant has lost
his entire earning capacity and he is not in a position to do any work as he
was doing earlier and hence, the Tribunal ought to have granted 50%
enhancement towards future prospects. The amounts awarded by the Tribunal
towards transportation, extra nourishment and attendant charges are meagre.
The Tribunal has not awarded any amount towards loss of amenities and
future medical expenses and prayed for enhancement of compensation.
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C.M.A.No.841 of 2021
6.Per contra, the learned counsel appearing for the 2nd respondent-
Royal Sundaram Alliance Insurance Company Limited contended that the
Tribunal accepted the disability certificate issued by the K.K.Nagar Hospital,
Chennai and awarded a sum of Rs.24,11,280/- for 75% disability by adopting
multiplier method and the same is not meagre. The appellant has not
produced any documents like salary certificate or wage register to prove his
income. In the absence of any material evidence with regard to income, a sum
of Rs.16,745/- per month fixed by the Tribunal as notional income of the
appellant is excessive. The appellant failed to produce any materials to
substantiate that he requires future medical treatment. Hence, he is not
entitled for compensation towards future medical expenses. The Tribunal
considering the entire materials on record, has awarded a sum of
Rs.33,70,400/- as compensation to the appellant which is not meagre. The
appellant has not made out any case for enhancement of compensation and
prayed for dismissal of the appeal.
7.The learned counsel appearing for the 4th respondent-Cholamandalam
MS General Insurance Company Limited made his submissions in support of
the award passed by the Tribunal and prayed for dismissal of the appeal.
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C.M.A.No.841 of 2021
8.Heard the learned counsel appearing for the appellant as well as the
learned counsel appearing for the 2nd respondent-Royal Sundaram Alliance
Insurance Company Limited and the learned counsel appearing for the 4th
respondent-Cholamandalam MS General Insurance Company Limited and
perused the entire materials on record.
9.From the materials available on record, it is seen that in the accident
the appellant sustained spinal cord injury, fracture of posterior neural arch of
D12 and fracture of left Transverse process of L-1 on the spinal cord, fracture
of left rips and compression of spinal canal and multiple injuries all over the
body. To prove the nature of injuries and disability suffered by him, the
appellant examined himself as P.W.1 and the Doctors from K.K.Nagar
Hospital, Chennai examined the appellant and certified that the appellant
suffered 75% locomotor disability and issued Ex.P15/disability certificate &
Ex.P16/disability note to that effect. The Tribunal considering the nature of
injuries and Exs.P15 and P16, adopted multiplier method for awarding
compensation for disability and the same is proper. At the time of accident,
the appellant was aged 32 years, working as Control Room Executive at SRM
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C.M.A.No.841 of 2021
Transports India (P) Limited, West Mambalam, Chennai and was earning a
sum of Rs.25,000/- per month. To prove the avocation and income, the
appellant marked his Employee ID card as Ex.P12, Bank statement series as
Ex.P13 and also examined one N.Rathinavel, Deputy General Manager, SRM
Transports as P.W.2. P.W.2 in chief examination has stated that the appellant
was getting a sum of Rs.19,000/- per month as salary. But, the Tribunal has
taken the net salary of the appellant i.e., Rs.16,745/- per month as his notional
income and awarded compensation towards disability. The Tribunal ought to
have taken the gross salary of the appellant and awarded compensation. The
appellant was aged 32 years at the time of accident and the Tribunal
following the judgment of the Hon'ble Apex Court reported in 2009 (2)
TNMAC 1 SC Supreme Court, [Sarla Verma & others Vs. Delhi Transport
Corporation & another], rightly applied multiplier '16'. Considering the
nature of injuries, disability, rise in cost of living and the nature of work done
by the appellant, he is entitled to 30% enhancement towards future prospects.
Thus, by fixing a sum of Rs.19,000/- per month as notional income of the
appellant and granting 30% enhancement towards future prospects, the
amount awarded by the Tribunal towards disability is enhanced to
Rs.35,56,800/- {Rs.24,700/- [Rs.19,000/- + Rs.5,700/- (30% of Rs.19,000)] X
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C.M.A.No.841 of 2021
12 X 16 X 75/100]. In view of 30% enhancement granted by this Court
towards future prospects, a sum of Rs.5,00,000/- awarded by the Tribunal
towards future prospects is liable to be set aside and it is hereby set aside.
10.From the award passed by the Tribunal, it is seen that the appellant
has initially taken first aid treatment at Government Head Quarters Hospital,
Dindigul and then he was admitted as inpatient in SRM Hospital for one day
on 23.12.2016 and thereafter he was admitted as inpatient at SIMS Hospital
for eight days from 24.12.2016 to 31.12.2016 and underwent surgery.
Considering the nature of injuries and period of treatment taken by the
appellant, the amounts awarded by the Tribunal towards pain and sufferings,
transportation, extra nourishment and attendant charges are meagre and
hence, the same are enhanced to Rs.75,000/-, Rs.20,000/-, Rs.30,000/- and
Rs.35,000/- respectively. The Tribunal has not awarded any amount towards
damages to clothes. Therefore, the appellant is entitled to a sum of Rs.1,000/-
towards damages to clothes. The appellant has not produced any medical
records to show that he requires further medical treatment. Hence, he is not
entitled to any amount towards future medical expenses. The amount awarded
by the Tribunal towards medical expenses is just and reasonable and hence,
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C.M.A.No.841 of 2021
the same is hereby confirmed. Thus, the compensation awarded by the
Tribunal is modified as follows:
S. Description Amount awarded Amount awarded Award confirmed
No by Tribunal by this Court or enhanced or
(Rs) (Rs) granted
1. Disability 24,11,280/- 35,56,800/- Enhanced
2. Pain and sufferings 50,000/- 75,000/- Enhanced
3. Transportation 5,000/- 20,000/- Enhanced
4. Medical expenses 3,81,781/- 3,81,781/- Confirmed
5. Extra nourishment 20,000/- 30,000/- Enhanced
6. Attendant charges 2,250/- 35,000/- Enhanced
7. Loss of future prospects 5,00,000/- - Set aside
8. Damages to clothes - 1,000/- Granted
Total Rs.33,70,311/- Rs.40,99,581/- Enhanced by
Rounded off to Rounded off to Rs.7,29,600/-
Rs.33,70,400/- Rs.41,00,000/-
11.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.33,70,400/- is hereby
enhanced to Rs.41,00,000/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. The 2nd respondent-
Royal Sundaram Alliance Insurance Company Limited 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 period of six weeks from
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C.M.A.No.841 of 2021
the date of receipt of a copy of this judgment, to the credit of
M.C.O.P.No.942 of 2017 on the file of the Motor Accident Claims Tribunal,
Special Sub Court No.I, Small Causes Court, Chennai. On such deposit, the
appellant is 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.
[R.P.S., J.] [S.K., J.]
15.06.2021
krk
Index : Yes / No
Internet : Yes / No
To
1.The Special Subordinate Judge No.I,
Motor Accident Claims Tribunal,
Small Causes Court,
Chennai.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.841 of 2021
R.SUBBIAH, J.
and
S.KANNAMMAL, J.
krk
C.M.A.No.841 of 2021
15.06.2021
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