Madras High Court
S.Suriya Begam @ Suraiya vs A.Mariya Abraham on 28 June, 2021
C.M.A. No.3543 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 28.06.2021
CORAM
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A. No.3543 of 2019
S.Suriya Begam @ Suraiya .. Appellant
Versus
1.A.Mariya Abraham
2. Shriram General Insurance Co. Ltd. .. Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the award and decree passed by the Motor
Accidents Claims Tribunal/Small Causes Court No.6, Chennai in
MCOP.No.1184 of 2011, dated 13.12.2013.
For appellant : Mr.J.Ramkumar
For respondents
for R1 : Service awaited
for R2 : Mr.S.Dakshnamoorthy
JUDGMENT
The appeal is heard through video conferencing.
2. Not being satisfied with the quantum of compensation awarded by the
Motor Accidents Claims Tribunal/Small Causes Court No.VI, Chennai, in
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C.M.A. No.3543 of 2019
MCOP.No.1184 of 2011, dated 13.12.2013, the present appeal has been filed
by the claimant for enhancement of the compensation amount.
3. It is the case of the appellant/claimant that, on 22.01.2011 at about
20.45 hours, while he was walking on Bharathi Salai, near Malaikadi at
Triplicane, a TATA ACE load Van bearing Registration No.TN-01-AJ-8915
belonging to the first respondent and insured with the second respondent,
driven by its driver in a rash and negligent manner and dashed against the
claimant from behind. Due to the impact, the claimant sustained grievous
injuries. Hence, he made a claim for a sum of Rs.1,50,000/- as compensation.
4. The said claim petition was resisted by the second
respondent/Insurance Company by filing a counter statement denying the
manner of the accident as projected by the claimant in the claim petition. Thus,
they sought for dismissal of the claim petition.
5. In order to prove the claim, the claimant examined herself as PW1,
besides examining one Dr.K.J.Mathiazhagan, as PW2 and marked Exs.P1 to
P7. On the side of the respondents, neither oral evidence nor any documentary
evidence was adduced.
6. The Tribunal, after analysing the entire evidence, came to the
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C.M.A. No.3543 of 2019
conclusion that the accident had occurred due to the rash and negligent driving
of the driver of TATA ACE load Van, which is insured with the second
respondent. By coming to such conclusion, the Tribunal has passed an award
for a sum of Rs.55,000/- and directed the second respondent/Insurance
company to pay the said compensation. The break-up details of the amounts
awarded by the Tribunal under various heads are as follows:
S.No. Compensation awarded by the Tribunal Amount in Rs.
under the heads
1. Loss of Income for 3 months 15,000
2. Transportation, Extra Nourishment and 5,000
Damage to Clothes
3. Medical Expenses 5,000
4. Disability of 10% at the rate of Rs.2,000/- 20,000
per percentage
5. Loss of amenities 5,000
6. Pain and suffering 5,000
Total compensation is fixed at 55,000
7. It is the submission of the learned counsel for the claimant/appellant
that though PW2 Doctor had assessed the disability of the claimant at 20%, the
Tribunal without any basis, had fixed the disability of the claimant at 10% and
awarded a sum of Rs.2,000/- per percentage of disability, which is not proper.
Considering the injuries suffered by the claimant, it would be just and proper
to award a sum of Rs.3,000/- per percentage of disability. Thus, the amount
awarded under the head "Disability" may be enhanced. Further, the amounts
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C.M.A. No.3543 of 2019
awarded by the Tribunal under all the heads are very meagre, which needs
enhancement.
8. The learned counsel for the second respondent/Insurance Company
made his submissions supporting the awarded passed by the Tribunal.
9. Heard both sides and perused the materials available on record.
10. Considering the nature of injuries and the disability suffered by the
claimant, this Court is of the considered view that 10% disability fixed by the
Tribunal is absolutely correct. However, it would be appropriate to award a
sum of Rs.3,000/- per percentage of disability. Accordingly, this Court awards
a sum of Rs.3,000/- for each percentage of disability. If so applied, the amount
comes to Rs.30,000/- [3,000 x 10]. Thus, the amount awarded under the head
"Disability" is enhanced from Rs.20,000/- to Rs.30,000/-.
11. The sum of Rs.15,000/- awarded by the Tribunal under the head
"Loss of Income" appears to be on the lower side, and hence the same is
enhanced to Rs.20,000/-.
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C.M.A. No.3543 of 2019
12. Further, the sum of Rs.5,000/- awarded by the Tribunal under the
head "Transportation, Extra Nourishment & Damage to Clothes" appears to be
on the lower side. Hence, the same is hereby enhanced to Rs.10,000/-.
Similarly, the amounts awarded by the Tribunal under the heads "Loss of
Amenities" and "Pain and Suffering" are also enhanced to Rs.10,000/- each.
13. The sum of Rs.5,000/- awarded by the Tribunal under the head
"Medical Expenses" based on medical bills, appears to be just and fair and
hence, the same is confirmed. Thus, the total compensation payable to the
claimant is re-calculated and tabulated below:
S. Compensation awarded by the Amount awarded by Amount awarded
No. Tribunal under the heads the Tribunal in Rs. by this Court in Rs.
1. Loss of Income for 3 months 15,000 20,000
2. Transportation, Extra 5,000 10,000
Nourishment and Damage to
Clothes
3. Medical Expenses 5,000 5,000
4. Disability of 10% at the rate of 20,000 30,000
Rs.2,000/- per percentage
5. Loss of amenities 5,000 10,000
6. Pain and suffering 5,000 10,000
Total compensation 55,000 85,000
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C.M.A. No.3543 of 2019
14. Thus, the total compensation of Rs.55,000/- awarded by the Tribunal
is hereby enhanced to Rs.85,000/- (Rupees eighty five thousand only), which
shall carry interest at 7.5% from the date of claim petition till the date of
payment. The second respondent is directed to deposit the total compensation
awarded by this Court before the Tribunal, after adjusting the amount if any
already deposited, within a period of six weeks from the date of receipt of a
copy of this judgment. On such deposit, the claimant is permitted to withdraw
the entire amount. The appellant/claimant shall pay necessary Court fee, if any,
on the enhanced compensation.
15. With the above observations and directions, this Civil Miscellaneous
Appeal is partly allowed. No costs.
28.06.2021
Speaking Order : Yes / No
Index : Yes / No
pvs
To
1. The Small Causes Court No.VI, Chennai/
The Motor Accident Claims Tribunal.
2. The Section Officer,
V.R.Section, High Court, Madras.
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C.M.A. No.3543 of 2019
S.KANNAMMAL, J.
pvs
C.M.A. No.3543 of 2019
28.06.2021
https://www.mhc.tn.gov.in/judis/
