Madras High Court
Venkatesan vs G.L.Shivaprakash on 29 June, 2021
C.M.A. No.1775 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 29.06.2021
CORAM
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A. No.1775 of 2020
Venkatesan .. Appellant
Versus
1. G.L.Shivaprakash
2. M/s. United India insurance Company Limited,
MO Office, rep. by its Manager,
at K.S. Building Door No.12/36 Gandhi Road,
Near Gowri Theater,
Udayarpalayam, Thammampatty Post,
Gangavalli Taluk, Salem, 636113. .. Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the judgment and decree dated 11.12.2018 made in
MCOP.No.61/2017 on the file of Motor Accidents Claims Tribunal/Presiding
Officer and Chief Judicial Magistrate, Perambalur.
For appellant : Mr.C.Vidhusan
For respondents
for R1 : set ex-parte before the Tribunal
for R2 : Mr.S.Arun Kumar
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C.M.A. No.1775 of 2020
JUDGMENT
The appeal is heard through video conferencing.
2. Not being satisfied with the quantum of compensation awarded by the
Motor Accidents Claims Tribunal/ Chief Judicial Magistrate, Perambalur, in
MCOP.No.61/2017, dated 11.12.2018, 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 25.10.2016 at about
5.00 pm, he was riding a Honda Splendor Motorcycle bearing Registration
No.TN 46 J 5072 on the Main Road near Periearikaadu at Arumbavur from
South to North direction. At that time, a JCB 3DX Excavator Loader bearing
Registration No.KA 17 P 0087, which belongs to the first respondent, insured
with the second respondent, was coming from the opposite direction at a very
high speed in a rash and negligent manner and dashed against the motorcycle
driven by the claimant. Due to the impact, the claimant sustained injuries and
the vehicle got damaged. Immediately, the petitioner was admitted as an
in-patient at Ramya Hospial, Tiruchy from 25.10.2016 till 02.11.2016 and for
further treatment, he was admitted as inpatient at Ganga Hospital, Coimbatore
from 02.11.2016 till 09.11.2016. Thereafter, he continued his treatment in
other Private Hospitals for a long period. Thus, he had spent huge amount
towards medical treatment.
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C.M.A. No.1775 of 2020
4. It is the further case of the claimant that he was a driver by profession
and he was earning not less than Rs.15,000/- per month. On account of the
accident, he is not able to continue his avocation. Hence, he made a claim for a
sum of Rs.15,00,000/- as compensation.
5. The said claim petition was resisted by the Insurance Company by
filing a counter statement denying the manner of the accident as projected by
the claimant in the claim petition. They also denied the avocation and income
mentioned in the claim petition. Thus, they sought for dismissal of the claim
petition.
6. In order to prove the claim, on the side of the claimant, the claimant
examined himself as PW1, besides examining the Doctor, PW2, who issued
disability certificate, and marked Exs.P1 to P18. On the side of the Insurance
Company, one witness was examined as RW1 and no documentary evidence is
produced.
7. The Tribunal, after analysing the entire evidence, came to the
conclusion that the accident had occurred due to rash and negligent driving of
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C.M.A. No.1775 of 2020
the driver of JCB 3DX Excavator Loader bearing Registration No.KA 17 P
0087. By coming to such conclusion, the Tribunal passed an award for a sum
of Rs.7,38,560/- and directed the second respondent/Insurance Company to the
pay the above amount. The break-up details of the amounts awarded by the
Tribunal under various heads are as follows:
S. Heads under which amounts are Amount in Rs.
NO. awarded
1 Medical Expenses 3,53,000
2 Loss of Income 18,000
3 Disability and Loss of Earning Power 3,22,560
4 Transportation 20,000
5 Pain and Sufferings 20,000
6 Extra Nourishment 5,000
Total Compensation 7,38,560
8. Now, the present appeal has been filed by the appellant/claimant
questioning the quantum of compensation awarded by the Tribunal. It is the
submission of the learned counsel for the appellant that the claimant was
working as a driver and earning Rs.15,000/- per month. On account of the
accident, he sustained grievous injures and he is unable to walk and sit. Hence,
he is not in a position to continue his avocation. Therefore, by taking a sum of
Rs.15,000/- as monthly income of the claimant, the amount awarded under the
head "Disability and Loss of Earning Power" has to be re-calculated. Further,
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C.M.A. No.1775 of 2020
the amounts awarded by the Tribunal under all the other heads are very meagre
and the same needs proper enhancement.
9. Countering the said submissions, the learned counsel for the
Insurance Company made his submissions supporting the award passed by the
Tribunal.
10. Heard the learned counsels appearing on both sides and perused the
materials available on record.
11. On a perusal of records, it is seen that the claimant failed to prove
his profession and income, and hence, the Tribunal rightly fixed a sum of
Rs.6,000/- as notional monthly income of the claimant and also fixed the
functional disability at 20%. Thus, the Tribunal, by taking the monthly income
of the claimant at Rs.6,000/- and by adding 40% of the same towards future
prospects, arrived the actual monthly income of the claimant at Rs.8,400/-
[6,000 + 2,400]. Then, the annual income of the claimant was arrived at
Rs.1,00,800/- [8,400 x 12]. Since the claimant suffered 20% functional
disability, the loss of income due to disability was arrived at Rs.20,160/-
[1,00,800 x 20%]. Considering the age of the claimant being 37 years at the
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C.M.A. No.1775 of 2020
time of the accident, by applying multiplier "16", the Tribunal arrived the
"Disability and Loss of Earning Power" at Rs.3,22,560/- [20,160 x 16]. I do
not find any infirmity in the award passed by the Tribunal under the head
"Disability and Loss of Earning Power". Hence, the amount awarded under
such head is confirmed.
12. Considering the injuries sustained by the cliamant, duration of
treatment (from 25.10.2016 till 09.11.2016 and thereafter at Private Hospitals)
and mental agony caused to him, the sum of Rs.20,000/- awarded by the
Tribunal under the head "Pain and Sufferings" appears to be on the lower side
and hence, the same is hereby enhanced to Rs.50,000/-.
13. Further, the sum of Rs.5,000/- awarded by the Tribunal under the
head "Extra Nourishment" is on the lower side and hence, the same is
enhanced to Rs.15,000/-.
14. Since no amount is awarded under the head "Attender Charges", a
sum of Rs.10,000/- is awarded under such head.
15. The amounts awarded by the Tribunal under all the other heads are
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C.M.A. No.1775 of 2020
fair and reasonable, and hence, they are confirmed. The total compensation
payable to the claimant is re-calculated and tabulated below:
S. Heads under which Amount awarded by Amount awarded by
NO. amounts are awarded the Tribunal in Rs. this Court in Rs.
1 Medical Expenses 3,53,000 3,53,000
2 Loss of Income 18,000 18,000
3 Disability and Loss of 3,22,560 3,22,560
Earning Power
4 Transportation 20,000 20,000
5 Pain and Sufferings 20,000 50,000
6 Extra Nourishment 5,000 15,000
7 Attender Charges - 10,000
Total Compensation 7,38,560 7,88,560
16. Thus, the total compensation of Rs.7,38,560/- awarded by the
Tribunal is hereby enhanced to Rs.7,88,560/- (Rupees seven lakhs eighty eight
thousand and five hundred and sixty only), which shall carry interest at 7.5%
from the date of claim petition till the date of payment. The second
respondent/Insurance Company 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.
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C.M.A. No.1775 of 2020
17. With the above observations and directions, this Civil Miscellaneous
Appeal is partly allowed. No costs.
29.06.2021
Speaking Order : Yes / No
Index : Yes / No
pvs
To
1. The Chief Judicial Magistrate, Perambalur/
The Motor Accident Claims Tribunal
2. The Section Officer,
V.R.Section, High Court, Madras.
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C.M.A. No.1775 of 2020
S.KANNAMMAL, J.
pvs
C.M.A. No.1775 of 2020
29.06.2021
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