Madras High Court
B.Sakthivel vs D.Mohana Sundaram on 18 June, 2021
C.M.A.No.3070 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.06.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.3070 of 2019
B.Sakthivel,
S/o.Balasubramaniyam ... Appellant
Vs.
1.D.Mohana Sundaram
2.TATA AIG General Insurance Co. Ltd.,
Samson Towers, 2nd Floor,
Pantheon Road, Egmore,
Chennai – 600 008. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree dated 23.01.2017
made in M.C.O.P.No.7781 of 2013 on the file of the Motor Accidents
Claims Tribunal, Chennai (IV Court of Small Causes, at Chennai).
For Appellant : Mr.Amar D Pandiya
For Respondents :
For R1 : No appearance
For R2 : Ms.Harini
for M/S.M.B.Gopalan Associates
JUDGMENT
The claimant is the appellant in this appeal and is aggrieved by the
impugned Judgment and decree dated 23.01.2017 passed by the Motor
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C.M.A.No.3070 of 2019
Accidents Claims Tribunal, IV Court of Small Causes, Chennai in
M.C.O.P.No.7781 of 2013.
2. This appeal has been filed by the appellant/claimant for
enhancement of compensation.
3. By the impugned Judgment and decree, the Tribunal has
awarded a sum of Rs.2,01,150/- as compensation under the following
heads:-
S.No Particulars Amount
1. Disability Rs.1,20,000/-
2. Pain and Suffering Rs. 40,000/-
3. Extra Nourishment Rs. 4,000/-
4. Transport to hospital Rs. 4,000/-
5. Damages to clothes Rs. 750/-
6. Attender Charges Rs. 2,400/-
7. Medical Expenses Rs. 5,000/-
8. Future Medical Expenses Rs. 5,000/-
9. Loss of Income Rs. 16,000/-
10. Loss of Amenities Rs. 4,000/-
Total Rs.2,01,150/-
Rounded off to
Rs.2,01,200/-
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C.M.A.No.3070 of 2019
4. The learned counsel for the appellant/claimant submits that the
Tribunal has not awarded just compensation on some of the conventional
heads of compensation. He further submits that the Tribunal has awarded
only a sum of Rs.16,000/- towards loss of income even though the
appellant/claimant was earning a sum of Rs.32,000/- per month.
5. Since the nature of injuries would put the appellant/claimant out
of action for a period of four months, the compensation towards loss of
income should have been Rs.96,000/-. i.e., Rs.24,000/- x 4 = Rs.96,000/-.
6. Defending the impugned Judgment and decree, the learned
counsel for the 2nd respondent/Insurance Company submits that the
Tribunal has awarded just compensation and prays for dismissal of the
appeal.
7. Heard the learned counsel for the appellant and the 2 nd
respondent. I have perused the impugned Judgment and decree and the
exhibits marked before the Tribunal.
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C.M.A.No.3070 of 2019
8. Due to the accident, the appellant/claimant has sustained the
following injuries:-
(i) Grade-III fracture of upper 1/3rd of right tibia
(ii) lacerated wound over jaw 4 x 2 cm
(iii) upper teeth broken
(iv) 2 teeth prosthesis
9. The disability has been assessed by P.W.3 and P.W.4-Doctors
respectively. They have also deposed that the injuries sustained by the
appellant/claimant are partial and permanent in nature and have assessed
the disability in percentage as 50% and 30% respectively.
10. Considering the above, this Court is inclined to partially
enhance the compensation under the following heads:-
Sl.No. Heads of Amount Awarded Amount Award
Compensation by the Tribunal awarded by confirmed or
this Court enhanced or
reduced or
granted or set
aside
1. Disability Rs.1,20,000/- Rs.1,20,000/- Confirmed
2. Pain and Rs. 40,000/- Rs. 40,000/- Confirmed
Sufferings
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C.M.A.No.3070 of 2019
Sl.No. Heads of Amount Awarded Amount Award
Compensation by the Tribunal awarded by confirmed or
this Court enhanced or
reduced or
granted or set
aside
3. Extra Rs. 4,000/- Rs. 20,000/- Enhanced
Nourishment
4. Transport to Rs. 4,000/- Rs. 20,000/- Enhanced
hospital
5. Damages to Rs. 750/- Rs. 750/- Confirmed
clothes
6. Attender Rs. 2,400/- Rs. 20,000/- Enhanced
Charges
7. Medical Rs. 5,000/- Rs. 5,000/- Confirmed
Expenses
8. Future Medical Rs. 5,000/- Rs. 5,000/- Confirmed
Expenses
9. Loss of Income Rs. 16,000/- Rs. 96,000/- Enhanced
10. Loss of Rs. 4,000/- Rs. 20,000/- Enhanced
Amenities
Total Rs.2,01,150/- Rs.3,46,750/- Enhanced by
Rounded off to Rs.1,45,550/-
Rs.2,01,200/-
In the result, the award amount of Rs.2,01,200/- is enhanced to
Rs.3,46,750/-.
11. The 2nd respondent/Insurance Company is therefore directed to
deposit the enhanced amount of compensation of Rs.3,46,750/- together
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C.M.A.No.3070 of 2019
with interest at 7.5% per annum from the date of numbering of the claim
petition till the date of such deposit, less any amount already deposited
by it, within a period of six weeks from the date of receipt of a copy of
this Judgment.
12. On such deposit being made by the 2nd respondent/Insurance
Company, the appellant/claimant is permitted to withdraw his respective
share in the same proportion as was ordered by the Tribunal, together
with interest accrued thereon, less the amount already withdrawn if any,
by filing suitable application before the Tribunal.
13. Since the appeal was filed with 648 days delay, there shall be
no interest on the enhanced amount of compensation for the aforesaid
period.
14. By the impugned Judgment and decree, the Tribunal has
ordered pay and recovery of the award amount from the 1st
respondent/owner of the vehicle, the same is hereby confirmed.
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C.M.A.No.3070 of 2019
15. This Civil Miscellaneous Appeal is partly allowed with the
above observations and directions. No costs.
18.06.2021
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
arb
To:
1.The Motor Accidents Claims Tribunal,
IV Court of Small Causes, Chennai.
2.The Section Officer,
Vernacular Section,
Madras High Court.
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C.M.A.No.3070 of 2019
C.SARAVANAN, J.
arb
C.M.A.No.3070 of 2019
18.06.2021
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