Madras High Court
Mahalakshmi Ratan vs Imtiaz Sait on 21 June, 2021
CMA No.1308 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
CMA No.1308 of 2016
Mahalakshmi Ratan ... Appellant
Versus
1. Imtiaz Sait
(1st respondent exparte in the Tribunal.
Hence notice to 1st respondent in the
above appeal may be dispensed with)
2. The United India Assurance Co. Ltd.,
No.58, Purasaivakkam High Road,
Chennai ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act against the fair and decreetal order dated 20.09.2012 in
MCOP No.3290 of 2008 on the file of the Motor Accidents Claims
Tribunal (In the Court of XVI Additional Judge, Chennai).
For Appellant : Ms.Ramya V. Rao
For Respondents : Mr.D. Baskaran for R2
not ready in notice
reg. R1
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CMA No.1308 of 2016
JUDGMENT
(Heard Video Conference)
This appeal has been filed by the claimant seeking enhancement
of compensation under the impugned award dated 20.09.2012 passed by
the Motor Accidents Claims Tribunal, XVI Additional Court, Chennai in
MCOP No. 3290 of 2008.
2. The Motor Accident Claims Tribunal, XVI Additional Judge,
Chennai under the impugned award directed the respondents to pay the
appellant / claimant a total compensation of Rs.4,17,590/- together with
interests and costs as detailed hereunder :
Heads Amount awarded
by the Tribunal
(Rs.)
Compensation for 70% 114000
disablement
Compensation for loss of 100000
income
Compensation for pain and 50000
suffering
Medical bills 123590
Transport, expenses on 30000
attender and extra
nourishment
Total 4,17,590
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CMA No.1308 of 2016
3. Heard Ms.Ramya V. Rao, learned counsel for the appellant /
claimant and Mr.D. Baskaran, learned counsel for the 2nd respondent /
Insurance Company. R1 was set ex-parte before the Tribunal, hence
notice to R1 is dispensed with.
4. This Court has perused the materials and evidence available on
record before the Tribunal.
5.The appellant / claimant sustained the following injuries on
22.12.2006 as a result of accident caused by a vehicle owned by the first
respondent and insured with the second respondent / Insurance
Company :
“Fracture both bones right leg and head injuries.
Surgeries were also performed on the appellant / claimant
and implants were done for Fracture Fibula”.
6. The appellant / claimant was hospitalised for a period from
22.12.2006 to 06.01.2007. The nature of injuries sustained by the
appellant / claimant has not been disputed by the respondents before the
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CMA No.1308 of 2016
Tribunal. The Orthopedician, who examined the appellant / claimant
assessed her disability for her fracture at 45%. He was also examined as
a witness before the Tribunal as PW2. The general physician, who
examined the appellant /claimant has assessed his disability for his head
injuries at 50%. He was also examined as a witness before the Tribunal
as PW3. The Tribunal after giving due consideration to the disability
certificates issued by the Orthopedician and general physician, which
were marked as Exs.P18 and P20 before the Tribunal assessed the
disability of the appellant / claimant at 70% and awarded the disability
compensation of Rs.1,14,000/-, calculated at Rs.2,000/- per percentage of
disability. As seen from the calculation, the disability compensation if
calculated at Rs.2,000/- per percentage of disability ought to have been
fixed at Rs.1,40,000/- but however due to a calculation error, the
Tribunal has assessed the same at Rs.1,14,000/. Hence, the same is
modified by this Court and the disability compensation for the appellant /
claimant is fixed at Rs.1,40,000/-. However, this Court does not find any
infirmity in the assessment made by the Tribunal with regard to the
disability of the appellant / claimant.
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CMA No.1308 of 2016
7. The Tribunal under the impugned award has awarded a
compensation of Rs.1,00,000/- towards loss of income; Rs.50,000/-
towards pain and suffering; Rs.1,23,590/- towards medical expenses
based on the oral and documentary evidence, which is confirmed by this
Court.
8. However, the Tribunal has erroneously awarded a lesser
compensation towards conveyance expenses, Extra nourishment and
attender charges amounting to Rs.30,000/- , which has to be necessarily
enhanced by this Court and the same has to be awarded under separate
heads of transportation, attender charges and extra nourishment. This
Court therefore, after giving due consideration to the nature of injuries
sustained by the appellant / claimant and his period of hospitalisation as
well as the disability suffered by her is of the considered view that she
will have to be paid a compensation of Rs.15,000/- towards conveyance
expenses, Rs.20,000/- towards attender charges and Rs.15,000/- towards
extra nourishment charges instead of the consolidated sum of Rs.30,000/-
fixed by the Tribunal.
9. The Tribunal has also failed to award any compensation towards
loss of amenities, future medical expenses and damage to clothing, which
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CMA No.1308 of 2016
she is legally entitled to. This Court after giving due consideration to the
aforementioned factors awards a compensation of Rs.15,000/- towards
loss of amenities; Rs.10,000/- towards future medical expenses and
Rs.2,000/- towards Damages to clothing.
10. For the foregoing reasons, the award of the Tribunal is hereby
enhanced in the following manner :
Heads Amount awarded Amount awarded
by the Tribunal by this Court
(Rs.) (Rs.)
Compensation for 70% 114000 140000
disablement * #
* calculation error
# Rs.2,000/- per percentage
of disability x 70%
Compensation for loss of 100000 100000
income
Compensation for pain and 50000 50000
suffering
Medical bills 123590 123590
Transport, expenses on 30000
attender and extra
nourishment
----------------------------------
Conveyance expenses 15000
Attender charges 20000
Extra nourishment 15000
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CMA No.1308 of 2016
Heads Amount awarded Amount awarded
by the Tribunal by this Court
(Rs.) (Rs.)
Loss of amenities - 50000
Future medical expenses - 10000
Damages - 2000
Total 4,17,590 5,25,590
11. In the result, the appeal filed by the appellant / claimant,
stands partly allowed by enhancing the compensation from Rs.4,17,590/-
to Rs.5,25,590/-, as indicated above. No costs.
12. 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.3290 of 2008 on the file of the Motor Accidents Claims
Tribunal (In the Court of XVI Additional Judge, 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 directly to the bank account of the appellant / claimant,
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CMA No.1308 of 2016
through RTGS, within a period of two weeks thereafter. Necessary
Court fee, if any has to be paid by the appellant before receiving the copy
of this Judgment.
21.06.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
vsi2
To
1. The XVI Additional Judge,
Motor Accidents Claims Tribunal
Chennai.
2. The Section Officer,
V.R. Section
High Court of Madras, Chennai - 104.
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CMA No.1308 of 2016
ABDUL QUDDHOSE, J.
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CMA No.1308 of 2016
21.06.2021
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