Madras High Court

V. Venkatakrishnan vs D. Jhanssi on 16 June, 2021

CMA No.179 of 2016

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2021

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

CMA No.179 of 2016

V. Venkatakrishnan ... Appellant
Versus

1. D. Jhanssi
2. M/s. Reliance General Insurance Co. Ltd.,
“ Heavitree” Unit No.1, III Floor,
No.23, Spur Tank Road,
Chepet,
Chennai 600 031. ... Respondents

Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Acts, 1988 against the judgment and decree made in MCOP
No.3486/2009 on the file of III Judge, Small Causes Court at Chennai
dated 10th day of June 2015.

For Appellant : Mr.T. G. Balachandran
For Respondents : Mr.S. Arunkumar for R2
R1 – Served – No appearance

JUDGMENT

(Heard through Video Conference)

This appeal has been filed by the claimant seeking enhancement of

compensation under the impugned award dated 10.06.2015 passed by the

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CMA No.179 of 2016

Motor Accidents Claims Tribunal, (III Court of Small Causes, Chennai)

in MCOP No.3486 of 2009.

2. The appellant unsatisfied with the quantum of compensation

awarded by the Tribunal has preferred this appeal seeking for

enhancement.

3. The details of the compensation awarded by the Tribunal under

the impugned award to the appellant / claimant are as follows :-

                                           Heads                Amount awarded
                                                                 by the Tribunal
                                                                      (Rs.)
                              Loss of income                               20000
                              Transport to hospital                         5000
                              Extra nourishment                             5000

                              Medical expenses                             10000
                              Loss of amenities                             5000
                              Pain and suffering                           20000
                              Disability at 25% at Rs.2,000/-              50000
                              per percentage
                              Total                                     1,15,500

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CMA No.179 of 2016

4. Heard Mr.T.G. Balachandran, learned counsel for the appellant

and Mr.S. Arunkumar, learned counsel for the 2nd respondent. Despite

service of notice on the 1st respondent, there is no representation on his

side.

5. This Court has perused the materials and evidence available on

record before the Tribunal.

6. The appellant / claimant sustained the following injuries as a

result of an accident caused by a vehicle on 02.10.2009, owned by the

first respondent and insured with the second respondent :

1. Volar Barton's Fracture (L)

2. Styloid Process (L) Uina

3. Contusion (R) ankle

4. Multiple injuries all over the body

7. The nature of injuries sustained by the appellant / claimant has

not been disputed by the respondents before the Tribunal. The Doctor

(PW2), who examined the appellant / claimant has assessed the disability

of the appellant / claimant at 35% and the disability certificate was

marked as Ex.P9 before the Tribunal. However, the Tribunal has

reduced the disability to 25% is without any basis. The Tribunal has not https://www.mhc.tn.gov.in/judis/

CMA No.179 of 2016

given due consideration to the year of the accident, which happened in

the year 2009. If the same was considered, the Tribunal ought to have

granted a higher disability compensation. This Court is of the considered

view for the year 2009, just compensation that will have to be fixed for

the disability sustained by the appellant / claimant would be Rs.3,000/-

per percentage of disability instead of Rs.2,000/- per percentage of

disability, fixed by the Tribunal. Accordingly, this Court enhances the

disability compensation of the appellant / claimant from Rs.50,000/- to

Rs.1,05,000/-, calculated at Rs.3,000/- per percentage of disability

instead of Rs.2,000/- per percentage of disability fixed by the Tribunal.

8. The Tribunal has awarded a compensation of Rs.20,000/-

towards loss of income to the appellant / claimant, which in the

considered view of this Court is low, considering the nature of injuries

sustained by the appellant / claimant and his avocation. The appellant /

claimant was a Sales and Marketing Executive at the time of the accident.

The Tribunal has fixed the monthly income of the appellant / claimant at

Rs.13,736/- based on the salary slip, Ex.P5 produced by him before he

Tribunal. However, the Tribunal has not given due consideration to the

fact that the appellant / claimant would have been unable to do his https://www.mhc.tn.gov.in/judis/

CMA No.179 of 2016

regular work as a Sales Executive for atleast a period of four months, but

instead the Tribunal has erroneously fixed the loss of income of the

appellant / claimant on lumpsum basis at Rs.20,000/-. If the appellant /

claimant was unable to do his regular work for a period of four months,

the loss of income suffered by the appellant / claimant will be

Rs.54,944/- (calculated at Rs.13,736/-p.m. for a period of four months),

which is rounded off to Rs.54,500/-. Accordingly, this Court assesses

the loss of income to the appellant / claimant at Rs.54,500/- instead of

Rs.20,000/- fixed by the Tribunal.

9. This Court is also of the considered view that the Tribunal has

awarded a lesser compensation towards transportation to hospital, extra

nourishment charges and loss of amenities, which have to be necessarily

enhanced by this Court in accordance with the settled law. Accordingly,

this Court enhances the compensation to the appellant / claimant towards

transportation from Rs.5,000/- to Rs.7,500/-, extra nourishment from

Rs.5,000/- to Rs.10,000/- and towards loss of amenities from Rs.5,000/-

to Rs.15,000/-.

10. However, the Tribunal has failed to give due consideration to https://www.mhc.tn.gov.in/judis/

CMA No.179 of 2016

the nature of the injuries sustained by the appellant / claimant which will

certainly entitles him to get some amount of compensation towards

attender charges. Accordingly, this Court assesses the compensation

towards attender charges at Rs.10,000/-

11. Insofar as the compensation awarded by the Tribunal towards

medical expenses for Rs.10,000/- is concerned is too low and is not a just

compensation and therefore, this Court enhances the same to Rs.12,552/-,

which are supported by bills (Ex.P4).

12. However, this Court is of the considered view that the

compensation awarded by the Tribunal towards pain and suffering and

damage to clothing are just compensation and there is no scope for any

interference.

13. For the foregoing reasons, the award of the Tribunal is hereby

modified in the following manner :

                                       Heads             Amount awarded Amount awarded
                                                          by the Tribunal by this Court
                                                               (Rs.)          (Rs.)
                           Loss of income                            20000                54500
                           Transport to hospital                       5000                 7500
                           Extra nourishment                           5000               10000

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CMA No.179 of 2016

Heads Amount awarded Amount awarded by the Tribunal by this Court (Rs.) (Rs.) Medical expenses 10000 12552 Loss of amenities 5000 15000 Pain and suffering 20000 20000 Disability at 25% at Rs.2,000/- per percentage 50000 105000 Attender charges - 10000 Total 1,15,500 235052

14. In the result, the appeal filed by the appellant / claimant,

stands partly allowed by enhancing the compensation from Rs.1,15,500/-

to Rs.2,35,052/-, as indicated above. No costs.

15. The second respondent / Insurance Company is directed to

deposit the entire award amount as assessed by this Court together with

interest at 7.5% p.a. from the date of claim petition till the date of

realization, less the amount, if any, already deposited to the credit of

MCOP No.3486/2009 on the file of the Motor Accidents Claims

Tribunal (III Judge, Small Causes Court at Chennai), within a period of

eight 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

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