Madras High Court
M.Shanmugam vs M/S.Uco Bank on 29 June, 2021
C.M.A.No.1183 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.06.2021
CORAM:
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.1183 of 2016
M.Shanmugam ...Appellant
Vs
1.M/s.UCO Bank,
328, Thambu Chetty Street,
Chennai - 1.
2.M/s.National Ins.Co.Ltd.,
46, Moore Street, Regina Mansion,
III Floor, Chennai - 1. ...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the Judgment and decree made in
MCOP.No.3224/2007 on the file of the Motor Accident Claims Tribunal, IV
Judge, at Chennai dated 22nd day of December 2015.
For Appellant : Mr.T.G.Balachandran
For Respondents : Mr.V.Sudhakar for R1 – NA
Mr.C.R.Krishnamurthy for R2
1/10
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1183 of 2016
JUDGMENT
(This case was heard through Video Conferencing)
This appeal has been filed by the claimant seeking for enhancement
of compensation under the impugned Award dated 22.12.2015 passed by the
Motor Accident Claims Tribunal, IV Court of Small Causes at Chennai in
M.C.O.P.No.3224 of 2007.
2.The Appellant/claimant unsatisfied with the quantum of
compensation awarded by the Tribunal has preferred this appeal seeking for
enhancement.
3.The details of the compensation awarded to the Appellant/claimant
by the Tribunal under the impugned Award are as follows:
Head Amount awarded by
the Tribunal
Disability Rs.30,000
Pain and suffering Rs.10,000
Extra nourishment Rs.5,000
Transport to Hospital Rs.1,000
Damages to clothes Rs.1,000
Attender charges Rs.500
Medical expenses Rs.7,530
Future medical expenses Rs.2,000
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C.M.A.No.1183 of 2016
Head Amount awarded by
the Tribunal
Loss of income Rs.6,500
Loss of amenities Rs.5,000
Total Rs.68,530/-
4.Heard Mr.T.G.Balachandran, learned counsel for the Appellant and
Mr.C.R.Krishnamurthy, learned counsel for the second respondent.
5.The Appellant/claimant has sustained the following injuries:
(a) Fracture of right hand wrist
(b) Chest injury
(c) Injury over right eye and ear
(d) Multiple injuries all over his body.
The nature of injuries sustained by the Appellant/claimant has not been
disputed by the respondent before the Tribunal.
6.Before the Tribunal, the Appellant/claimant has filed 8 documents
which were marked as Exs.P1 to P8 and 2 witnesses were examined namely
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C.M.A.No.1183 of 2016
the Appellant/claimant himself as PW1 and the Doctor who examined him
as PW2. On the side of the respondents, neither any document was filed nor
any witness examined before the Tribunal.
7.As seen from the evidence available on record, the
Appellant/claimant was working as a Wood Polish Contractor and in his
claim petition, he has pleaded that he was earning Rs.10,000/- per month at
the time of accident. However, the Tribunal has fixed the notional monthly
income of the Appellant/claimant at Rs.6,500/- which in the considered
view of this Court is a correct assessment in view of the fact that the
accident happened in the year 2007.
8.The Doctor has assessed the disability of the Appellant/claimant at
30%. However, the Tribunal under the impugned Award without any basis
has reduced the said assessment to 10%. No reasons have been given by the
Tribunal for the said reduction.
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C.M.A.No.1183 of 2016
9.After giving due consideration to the nature of injuries sustained by
the Appellant/claimant, this Court is of the considered view that the
Tribunal ought to have assessed the disability at 30% as fixed by the Doctor
who has examined the Appellant/claimant and was also been examined as a
witness before the Tribunal. Accordingly, this Court fixes the disability of
the Appellant/claimant at 30% instead of 10% fixed by the Tribunal.
10.The Tribunal has awarded a disability compensation of
Rs.30,000/- calculated at Rs.3,000/- per percentage of disability for the 10%
disability assessed by the Tribunal. This Court is of the considered view
that the Tribunal ought not to have assessed the disability compensation at
Rs.3,000/- per percentage of disability since the accident happened as early
as in the year 2007. In respect of accident for the year 2007, it is the settled
practice to assess the disability compensation at Rs.2,000/- per percentage
of disability. Since the Tribunal has erroneously assessed the disability
compensation at Rs.3,000/- per percentage of disability, the same is reduced
by this Court at Rs.2,000/- per percentage of disability. Accordingly, the
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C.M.A.No.1183 of 2016
disability compensation is fixed at Rs.60,000/- calculated at Rs.2,000/- per
percentage of disability for the 30% disability assessed by this Court.
11.Insofar as the compensation awarded by the Tribunal towards
extra nourishment charges, damage to clothing and medical expenses by the
Tribunal are concerned, the same is a just compensation and it is confirmed
by this Court. However, the compensation awarded by the Tribunal under
other heads namely transport to hospital, attender charges, pain and
suffering, loss of amenities and future medical expenses are low in the
considered view of this Court and it has to be enhanced from Rs.1,000/- to
Rs.5,000/-, Rs.500 to Rs.5,000/-, Rs.10,000/- to Rs.15,000/-, Rs.5,000/- to
Rs.10,000/- and Rs.2,000/- to Rs.5,000/- respectively. Accordingly, the
same is enhanced by this Court.
12.Insofar as the compensation awarded by the Tribunal towards loss
of income at Rs.6,500/- is concerned, the same in the considered view of
this Court is low. After giving due consideration to the nature of injuries
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C.M.A.No.1183 of 2016
sustained by the Appellant/claimant, avocation and his period of
hospitalization, this Court is of the considered view that atleast for a period
of 3 months the Appellant/claimant would have been unable to do his
regular work. Hence the compensation awarded by the Tribunal to the
Appellant/claimant towards loss of income is enhanced to Rs.19,500/-
calculated at Rs.6,500/- for a period of 3 months.
14.For the foregoing reasons, the compensation awarded by the
Tribunal under the impugned Award is enhanced to Rs.1,33,030/- from
Rs.68,530/- by this Court as detailed hereunder:
Head Amount awarded Modified/
by the Tribunal
enhanced by this Court
Disability Rs.30,000 Rs.60,000
(30% x 2,000)
Pain and suffering Rs.10,000 Rs.15,000
Extra nourishment Rs.5,000 Rs.5,000
Transport to Hospital Rs.1,000 Rs.5,000
Damages to clothes Rs.1,000 Rs.1,000
Attender charges Rs.500 Rs.5,000
Medical expenses Rs.7,530 Rs.7,530
Future medical expenses Rs.2,000 Rs.5,000
Loss of income Rs.6,500 Rs.19,500
(6,500 x 3)
Loss of amenities Rs.5,000 Rs.10,000
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C.M.A.No.1183 of 2016
Head Amount awarded Modified/
by the Tribunal
enhanced by this Court
Total Rs.68,530/- Rs.1,33,030
14.In the result, the appeal is partly allowed. The Second respondent
is directed to deposit the modified award amount of Rs.1,33,030/- 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 M.C.O.P.No.3224 of 2007 on the file of the
Motor Accident Claims Tribunal, IV Court of Small Causes at 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
through RTGS, within a period of two weeks thereafter. The requisite Court
fee, if any has to be paid by the appellant/claimant before receiving the copy
of this Judgment. No costs.
29.06.2021
Index:Yes/No
Internet:Yes/No
Speaking/Non-speaking order
pam
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1183 of 2016
To
1.The Motor Accident Claims Tribunal
IV Court of Small Causes at Chennai.
2.The Section Officer
V.R.Section, High Court of Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1183 of 2016
ABDUL QUDDHOSE, J.
pam
C.M.A.No.1183 of 2016
29.06.2021
https://www.mhc.tn.gov.in/judis/
