Madras High Court
J.Narasimamoorthy vs P.Purushothaman on 23 June, 2021
C.M.A.No.828 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.06.2021
CORAM:
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.828 of 2016
J.Narasimamoorthy ...Appellant
Vs
1.P.Purushothaman
(Was set exparte in the Trial Court)
2.Liberty Videocon General Insu. Co. Ltd.,
Anmal Palani, No.88, G.N. Chetty Road,
Level-4, Unit, No.E5 & F5,
T.Nagar, Chennai – 600 017. ...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the Judgment and Decree dated 02.03.2016 made
in M.C.O.P.No.911 of 2014 on the file of the IV Judge, Motor Accident
Claims Tribunal, (Court of Small Causes), Chennai.
For Appellant : Ms.P.T.Salim Fathima
For Respondents : R1-Exparte
Mr.E.Rajadurai for R2
for Mr.M.B.Raghavan
JUDGMENT
This appeal has been filed by the claimant seeking for enhancement of
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C.M.A.No.828 of 2016
compensation under the impugned Award dated 02.03.2016 passed by the
Motor Accident Claims Tribunal, (IV Judge, Court of Small Causes), Chennai
in M.C.O.P.No.911 of 2014.
2.The Appellant/claimant unsatisfied with the quantum of compensation
awarded by the Tribunal has preferred this appeal seeking for enhancement.
3.Heard Ms.P.T.Salim Fathima, learned counsel for the Appellant and
Mr.E.Rajadurai, learned counsel for the second respondent. The first
respondent has remained exparte both before the Tribunal as well as this
Court.
4.The details of the compensation awarded by the Tribunal under the
impugned Award are as follows:
Particulars Amount
Disability Rs.30,000
(10*3,000)
Pain & suffering Rs.10,000
Extra nourishment Rs.2,000
Transport Rs.3,000
Damage Rs.1,000
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C.M.A.No.828 of 2016
Attender charges Rs.250
Medical expenses Rs.5,000
Loss of Income Rs.6,500
Loss of Amenities Rs.5,000
Total Rs.62,750
Rounded off to Rs.63,000/-
5.Appellant/claimant was a proprietor of M/s.Pinku Audio Vision and
he was 43 years at the time of the accident which happened on 23.01.2014.
6.The Tribunal has fixed the notional monthly income of the
Appellant/claimant at Rs.6,500/- in accordance with the claim made by the
Appellant/claimant in his claim petition.
7.The Appellant/claimant has sustained the following injuries as a
result of the accident:
(i) Laceration in the right hand
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C.M.A.No.828 of 2016
(ii) Fracture of M.C. Heal (R)
The nature of the injuries sustained by the Appellant/claimant has not been
disputed by the respondents before the Tribunal.
8.The Doctor who examined the Appellant/claimant has assessed his
disability at 20%. However, the Tribunal under the impugned Award
without any basis has reduced the same to 10%.
9.This Court after giving due consideration to the nature of injuries
sustained by the Appellant/claimant is of the considered view that the
Tribunal ought not to have reduced the disability without any basis but
should have accepted the disability certificate issued by the Doctor who has
assessed the disability of the Appellant/claimant at 20%. Accordingly, the
disability of the Appellant/claimant is enhanced to 20% instead of 10% fixed
by the Tribunal. The Tribunal has awarded a disability compensation
calculated at Rs.3,000/- per percentage of disability which is a correct
assessment. However, in view of the fact that the disability is enhanced to
20%, the disability compensation awarded by the Tribunal has to be
enhanced to Rs.60,000/- calculated at Rs.3,000/- per percentage of disability
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C.M.A.No.828 of 2016
for the 20% disability instead of Rs.30,000/- calculated at Rs.3,000/- per
percentage of disability for the 10% disability.
10.With regard to the quantum of compensation awarded by the
Tribunal under various other heads (a) Pain and suffering, (b) Extra
nourishment, (c) Transportation, (d) Damage to clothing, (e) Attender
charges, (f) Medical expenses, (g) Loss of income and (h) Loss of amenities
are concerned, the same is confirmed by this Court as it is a just
compensation.
11.For the foregoing reasons, the compensation awarded by the
Tribunal at Rs.63,000/- is enhanced to Rs.93,000/- by this Court as detailed
hereunder:
Particulars Award Amount Enhanced/
(Rs.) modified Amount
Disability Rs.30,000 Rs.60,000
(10*3,000) (20*3,000)
Pain & suffering Rs.10,000 Rs.10,000
Extra nourishment Rs.2,000 Rs.2,000
Transport Rs.3,000 Rs.3,000
Damage Rs.1,000 Rs.1,000
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C.M.A.No.828 of 2016
Attender charges Rs.250 Rs.250
Medical expenses Rs.5,000 Rs.5,000
Loss of Income Rs.6,500 Rs.6,500
Loss of Amenities Rs.5,000 Rs.5,000
Total Rs.62,750 Rs.92,750
Rounded off to Rs.63,000/- Rs.93,000/-
12.In the result, the appeal is partly allowed. The second respondent
Insurance Company is directed to deposit the modified amount of
Rs.93,000/- awarded by this Court together with interest at the rate of 7.5%
per annum from the date of claim till the date of deposit after deducting the
amount already deposited if any to the credit of MCOP.No.911 of 2014 within
a period of four weeks from the date of receipt of a copy of this Judgment.
On such deposit being made, the Tribunal shall transfer the amount lying to
the credit of MCOP.No.911 of 2014 to the bank account of the
Appellant/claimant through RTGS within a period of one week thereafter.
No costs.
23.06.2021
Index:Yes/No
Internet:Yes/No
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C.M.A.No.828 of 2016
Speaking/Non-speaking order
pam
To
1. The IV Judge, Motor Accident Claims Tribunal,
(Court of Small Causes), Chennai
2.The Section Officer
V.R.Section, High Court of Madras.
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C.M.A.No.828 of 2016
ABDUL QUDDHOSE, J.
pam
C.M.A.No.828 of 2016
23.06.2021
https://www.mhc.tn.gov.in/judis/
