Madras High Court
Mohan vs Sivakumar on 24 June, 2021
CMA No.1220 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 24.06.2021
CORAM
THE HONOURABLE TMT.JUSTICE S.KANNAMMAL
Civil Miscellaneous Appeal No. 1220 of 2020
---
Mohan .. Appellant
Versus
1.Sivakumar
2.M/s.United India Insurance Company Limited,
represented by its Divisional Office-II (HUB),
office at: No.104-A, Peramanoor Main Road,
Salem-7. .. Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act
1988, against the Judgment and Decree dated 02.12.2019 made in M.C.O.P. No.
1864 of 2018 on the file of the Motor Accident Claims Tribunal, Special Sub
Judge-I, Salem.
For Appellant : Mr.M.Guruprasad
For R2 : Mr.S.Arunkumar
For R1 : set ex-parte
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CMA No.1220 of 2020
JUDGMENT
This civil miscellaneous appeal has been filed by the appellant/claimant
for enhancement of compensation awarded by the Motor Accident Claims
Tribunal, Special Sub Judge-I, Salem., in M.C.O.P. No. 1864 of 2018 dated
02.12.2019.
2. As per the averments in the claim petition filed before the Tribunal,on
04.04.2018 at about 11.50 p.m., while the petitioner was riding a motor cycle
bearing registration number TN 28 AY 4116 on the side of the Kodumudi to
Muthur Road, near Ichipalayam, a tractor bearing registration number TN 33
BA 5745 was driven by its driver in a rash and negligent manner and dashed
against the petitioner. Due to the said accident, the petitioner sustained multiple
fractures all over the body. Immediately after the accident the petitioner was
taken to Government Hospital, Kodumudi and then he was taken to Government
Hospital Erode. From there he was shifted to KMCH Speciality Hospital, Erode.
A criminal case has been registered against the said driver of the tractor by the
Kodumudi Police Station in Crime No.59 of 2018. Hence the petitioner claimed
a sum of Rs.50,00,000/- towards compensation for the injuries sustained by him
in the accident.
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CMA No.1220 of 2020
3. Before the Tribunal, the 2nd respondent/insurance company filed
counter by denying the manner of accident as alleged in the claim petition. The
Insurance Company also pleaded contributory negligence on the part of the
petitioner. It is also stated that the petitioner was not wearing helmet at the time
of accident. It is further stated that though the accident was on 04.08.2018
reporting of the accident and registration of FIR was on 05.04.2008 and there is
no explanation for the delay by the petitioner. The Insurance Company prayed
for dismissal of the petition.
4. In order to prove the claim, on the side of claimant, the wife of the
injured was examined as P.W.1 and two other witnesses, one Mr.Loganathan
and Mr.Senthil were examined as P.W.2 and 3 respectively.19 documents were
marked viz., Ex.P.1 to P.19. On the side of the second respondent one Assisant
Manager of the Insurance Company was examined as P.W.1 and the policy copy
of the tractor was marked as Ex.R1.
5. The Tribunal after analysing the entire evidence available on record
came to the conclusion that the accident occurred due to the rash and negligent
driving of the driver of the tractor belongs to the first respondent and insured
with the second respondent and passed an award for a sum of Rs.22,00,287/-
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CMA No.1220 of 2020
under various heads.
6. Not being satisfied with the award passed by the Tribunal, the present
appeal has been filed by the claimant for enhancement of compensation.
7. The learned counsel for the appellant would submit that injured was
hale and healthy at the time of accident and he was a driver of heavy goods
vehicle under the employment of P.W.3 who is the proprietor of V.S.Kabil
Transport and was earning not less than Rs.18,000/- per month. However, the
Tribunal has erroneously fixed the monthly income of Rs.7,500/- only, which
needs interference of this Court. Though the appellant has filed this Appeal
raising several grounds, the main contention of the appellant before this Court is
only with regard to the monthly income and future medical expenses taken by
the Tribunal. Hence, this Court is not traversing on other aspects of the case.
8. The learned counsel for the 1st respondent would submit that award
amount passed by the Tribunal is perfectly in order and the same may be
confirmed.
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CMA No.1220 of 2020
9. Heard the counsel for both sides and perused the materials placed on
record. The Tribunal, on appreciation of the oral and documentary evidence,
awarded compensation under various heads as under.
Sl.No Head under which the Amount awarded by
amount is awarded the Tribunal(in Rs.)
1 Pain and sufferings Rs.60,000/-
2 Medical Expenses Rs.9,46,787/-
3 Transportation Rs.40,000/-
4 Extra Nourishment Rs.40,000/-
5 Attendance Charges Rs.40,000/-
6 Damage of cloths Rs.1,000/-
7 Loss of Amenities Rs.60,000/-
8 Permanent Disability Rs.10,12,500
Total Rs.22,00,287/-
10. Admittedly the accident was of the year 2018 and with regard to the
income of the appellant, the employer of the claimant was examined as P.W.3.
Though P.W.3 was examined to prove the avocation and income of the claimant,
no documentary evidence was adduced to prove that the claimant was earning
Rs.18,000/- per month. Hence the Tribunal has taken Rs.7,500/- as monthly
income. Considering the fact that the accident was of the year 2018 and no
rebuttal evidence was let in on the side of the second respondent with regard to
the employment of the claimant. The injured as a driver would have definitely
earned a sum of Rs.12,000/- per month. Hence, this Court is inclined to take the
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CMA No.1220 of 2020
monthly income as Rs.12,000/- per month.
11. Pertaining to the future medical expenses, the learned counsel for the
appellant would submit that for the injuries sustained by the claimant, the Salem
Medical Board has given 60% disability. However, the Tribunal has not awarded
any compensation towards future medical expenses.
12. Considering the injuries sustained and the treatment taken by the
appellant a reasonable compensation ought to have been awarded by the
Tribunal. Hence this Court is of the view that it is reasonable that a sum of
Rs.50,000/- is to be awarded towards future medical expenses and the same is
awarded.
13. This Court has already fixed the monthly income of the claimant as
Rs.12,000/-. Further 40% is to be added towards future prospects. So, adding
Rs.4,800/- to Rs.12,000/-, amount of Rs.16,800/- is the monthly income, that
will be earned by the appellant, if not met with the accident. Further applying
multiplier 15 and taking disability as 60%, the compensation towards permanent
disability to the appellant is arrived as under:-
16,800 x 12 x 15 x 60/100 = 18, 14, 400/-.
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CMA No.1220 of 2020
Except the above said modifications, the award passed by the Tribunal under
various heads are confirmed. Accordingly, this Civil Miscellaneous Appeal is
partly allowed. No costs. The compensation awarded by the Tribunal is modified
as follows:
Sl.N Head under which Amount Amount Award
o the amount is awarded by the awarded by confirmed or
awarded Tribunal(in this enhanced or
Rs.) Court (in Rs.) granted
1 Pain and sufferings Rs.60,000/- Rs.60,000/- confirmed
2 Medical bill Rs.9,46,787/- Rs.9,46,787/- confirmed
3 Transportation Rs.40,000/- Rs.40,000/- confirmed
4 Extra Nourishment Rs.40,000/- Rs.40,000/- confirmed
5 Attendance Charges Rs.40,000/- Rs.40,000/- confirmed
6 Damage of clothes Rs.1,000/- Rs.1000/- confirmed
7 Loss of Amenities Rs.60,000/- Rs.60,000/- confirmed
8 Permanent Rs.10,12,500 Rs.18, 14, enhanced
Disability 400/-
9 Future Medical --- Rs.50,000/- Now granted
Expenses
Total Rs.22,00,287/- Rs.30,52,187/- Enhanced to
Rs.8,51,900/-
14.In the result, this Civil Miscellaneous Appeal is partly allowed and the
compensation awarded by the Tribunal at Rs.22,00,287/- is hereby enhanced to
a sum of Rs.30,52,187/- with 7.5% interest and costs. The second
respondent/Insurance Company is directed to deposit the enhanced award
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CMA No.1220 of 2020
amount, with interest and costs, less the amount already deposited, if any, within
a period of six weeks from the date of receipt of a copy of this order. No costs.
24.06.2021
Index : Yes / No
Speaking/Non speaking order
mpa
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CMA No.1220 of 2020
To
1. The Motor Accident Claims Tribunal, Special Sub Judge-I, Salem..
2. The Section Officer
Vernacular Records Section
High Court, Madras.
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CMA No.1220 of 2020
S. KANNAMMAL, J
mpa
CMA.No.1220 of 2020
24.06.2021
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