Madras High Court
Divya vs M.Nataraj on 22 June, 2021
C.M.A.No.1862 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.06.2021
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.1862 of 2016
Divya ... Appellant
..Vs..
1.M.Nataraj
2.National Insurance Company Ltd,
(Motor Third Party Cell),
751, Anna Salai, 3rd Floor,
Chennai – 600 002. ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the Judgment and decree dated 30.05.2015
made in MACTOP.No.7812 of 2012 on the file of the Motor Accidents
Claims Tribunal and III Court of Small Causes, Chennai.
For Appellant : Mr.F.Terry Chellaraja
For Respondent 2 : Mr.D.Nadhamuni
R1 – Expate
1/8
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1862 of 2016
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the claimant
seeking enhancement of compensation under the impugned award dated
30.01.2015 passed by the Motor Accident Claims Tribunal (Third Court of
Small Causes, Chennai) in MCOP.No.7812 of 2013.
2. Heard Mr.F.Terry Chellaraja, learned counsel for the
Appellant/claimant and Mr.D.Nadhamuni, learned counsel for the second
respondent/ Insurance Company. The first respondent has remained exparte
both before the Tribunal as well as this Court.
3. The Appellant/claimant unsatisfied with the quantum of
compensation awarded by the Tribunal has preferred this Appeal seeking for
enhancement. The details of the compensation awarded by the Tribunal to
the Appellant/claimant are as follows:
Heads Award Amount
(Rs.)
Loss of Income 20,000/-
Transport to Hospital 7,000/-
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C.M.A.No.1862 of 2016
Heads Award Amount
(Rs.)
Extra nourishment 7,000/-
Damage to clothing 500/-
Loss of amenities 15,000/-
Pain and suffering 25,000/-
Disability at 30% at Rs.2,000/- 60,000/-
per percentage
Total 1,34,500/-
4. Before the Tribunal, the Appellant/claimant has filed nine
documents which were marked as Ex.P1 to Ex.P9 and two witnesses were
examined namely, the Appellant/claimant herself as PW1 and the Doctor
who examined her as PW2. On the side of the second respondent Insurance
Company, neither any document was filed nor any witness examined before
the Tribunal.
5. As a result of an accident caused by a vehicle owned by the first
respondent and insured with the second respondent Insurance Company, the
Appellant/claimant has sustained the following injuries, viz., bimalleolar
fracture at right ankle, severe head injury and multiple injuries all over the
body.
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C.M.A.No.1862 of 2016
6. The Doctor (PW2) who examined the Appellant/claimant has
assessed the disability of the Appellant/claimant at 45% and has deposed
that the fracture is malunited at right ankle, screws for malleolar and fibula
plate fixed, only 10 degrees movements possible at right ankle and she
cannot squat, walk and that is why, she is limping. The nature of injuries
sustained by the Appellant/claimant have not been disputed by the second
respondent before the Tribunal. However, the Tribunal on its own, without
any basis has reduced the percentage of disability to 30% and no reasons
have been given by the Tribunal for the reduction of the disability of the
Appellant/claimant. After giving due consideration to the injuries sustained
by the Appellant/claimant as indicated supra, this Court is of the considered
view that the disability assessed by the Doctor (PW2) will have to be
accepted by this Court. Accordingly, the disability of the Appellant/claimant
is fixed at 45% by this Court instead of 30% fixed by the Tribunal.
7. The accident happened on 12.09.2013. The Tribunal has awarded
Rs.60,000/- towards the disability compensation to the Appellant/claimant
calculated at Rs.2,000/- per percentage of disability which in the considered
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C.M.A.No.1862 of 2016
view of this Court is too low and it has to be enhanced. After giving due
consideration to the year of the accident, this Court enhances the disabilty
compensation to the Appellant/claimant to Rs.1,35,000/- calculated at
Rs.3,000/- per percentage of disability for 45% disability from Rs.60,000/-
calculated at Rs.2,000/- per percentage of disabilty for 30% disability.
8. The Tribunal has awarded a sum of Rs.20,000/- towards loss of
income to the Appellant/claimant. The Appellant/claimant before the
Tribunal has filed her salary certificate which was marked as Ex.P4 and loss
of pay certificate which was marked as Ex.P5. As seen from the
aforementioned documents, the Appellant/claimant was earning Rs.12,803/-
per month at the time of the accident. The loss of pay certificate (Ex.P5)
also reveals that the Appellant/claimant has suffered loss of income
Rs.40,000/-. However without any basis, the Tribunal has reduced the loss
of income to Rs.20,000/-. This Court is of the considered view that when
the Appellant/claimant has filed documentary evidence to show that the
Appellant/claimant has suffered loss of pay of Rs.40,000/- as seen from
Ex.P5, the Tribunal ought not to have reduced the same to Rs.20,000/-.
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C.M.A.No.1862 of 2016
Therefore, this Court fixes the loss of income at Rs.40,000/- instead of
Rs.20,000/- fixed by the Tribunal.
9. With regard to the compensaion awarded by the Tribunal under
various other heads are concerned, this Court is of the considered view that
the same is a just compensation and there is no scope for interference.
10. For the foregoing reasons, the compensation awarded by the
Tribunal is enhanced to Rs.2,29,500/- from Rs.1,34,500/- in the following
manner:
Heads Amount awarded by Amount awarded
the Tribunal by this Court
(Rs.) (Rs.)
Loss of Income 20,000/- 40,000/-
Transport to Hospital 7,000/- 7,000/-
Extra nourishment 7,000/- 7,000/-
Damage to clothing 500/- 500/-
Loss of amenities 15,000/- 15,000/-
Pain and suffering 25,000/- 25,000/-
Disability at 30% at 60,000/- 1,35,000/-
Rs.2,000/- per percentage
Total 1,34,500/- 2,29,500/-
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C.M.A.No.1862 of 2016
Conclusion:
11. In the result, this appeal shall stand partly allowed. The Second
Respondent Insurance Company is directed to deposit the amount awarded
by this Court i.e. Rs.2,29,500/- together with interest at the rate of 7.5% per
annum from the date of claim till the date of deposit and costs after
deducting the amount already deposited to the credit of MCOP.No.7812 of
2013 within a period of four weeks from the date of receipt of a copy of this
Judgment. On such deposit being made, the Tribunal is directed to transfer
the amount lying to the credit of MCOP.No.7812 of 2013 to the bank
account of the Appellant/claimant through RTGS within a period of one
week thereafter. The requisite Court fee, if any has to be paid by the
Appellant before receiving the copy of this Judgment. No costs.
22.06.2021
Index:Yes/No
Internet:Yes/No
Speaking/Non-speaking order
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https://www.mhc.tn.gov.in/judis/
C.M.A.No.1862 of 2016
ABDUL QUDDHOSE, J.
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To
1. The III Court of Small Causes, Chennai
2.The Section Officer
V.R.Section, High Court of Madras.
C.M.A.No.1862 of 2016
22.06.2021
https://www.mhc.tn.gov.in/judis/
