Madras High Court
K.Balasubramanian vs A.L.Lakshmanan on 30 June, 2021
C.M.A.No.1455 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.06.2021
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.1455 of 2015
K.Balasubramanian ... Appellant
..Vs..
1.A.L.Lakshmanan
2.The Branch Manager
The New India Insurance Company Ltd.,
61, 2nd Floor, Rosari Buildings,
Town Hall Road,
Madurai – 625 001.
Madurai District. ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the Judgment and decree dated 07.09.2010
made in MCOP.No.219 of 2008 on the file of the Motor Accidents Claims
Tribunal, Principal Sub Court, Mayiladuthurai.
1/9
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C.M.A.No.1455 of 2015
For Appellant : Mr.S.Kumaradevan
For R-2 : Mr.J.Chandran
R1 – Died
JUDGMENT
(This Appeal has been taken up for hearing through Video Conferencing)
This Civil Miscellaneous Appeal has been filed by the claimant
seeking enhancement of compensation under the impugned award dated
07.09.2010 passed by the Motor Accident Claims Tribunal, Subordinate
Judge, Mayiladuthurai in MCOP.No.219 of 2008.
2. Heard Mr.S.Kumaradevan, learned counsel for the
Appellant/claimant and Mr.J.Chandran, learned counsel for the second
respondent/ Insurance Company.
3. The Appellant/claimant unsatisfied with the quantum of
compensation awarded by the Tribunal has preferred this Appeal seeking for
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C.M.A.No.1455 of 2015
enhancement. The details of the compensation awarded by the Tribunal to
the Appellant/claimant are as follows :
Heads Award Amount
(Rs.)
For 40% disability 60,000/-
Pain & Sufferings 10,000/-
Extra nourishment 5,000/-
Transport charges 1,000/-
Total 76,000/-
4. The appellant/claimant sustained the following injuries on
30.03.2006 as a result of the accident caused by the vehicle owned by the
first respondent and insured with the second respondent/insurance company.
(a) A cut injury in the right leg
(b) Fracture in the left leg
(c) Severe injury in the hip joint
5. The nature of the injuries sustained by the appellant / claimant has
not been disputed by the respondents before the Tribunal. The appellant /
claimant in his claim petition before the Tribunal has stated that he was
running a medical shop at the time of accident and was earning Rs.8,000/-
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C.M.A.No.1455 of 2015
per month. The accident happened in the year 2006. The Tribunal has not
assessed the notional monthly income of the appellant/claimant. This Court,
after giving due consideration to the avocation and the year of accident,
fixes the notional monthly income of the appellant/claimant at Rs.5,000/-.
6. Before the Tribunal, the appellant/claimant filed six documents
which were marked as Exs.P1 to P6 and two witnesses were examined on
his side namely the appellant/claimant himself as PW1 and the doctor who
examined him as PW2. Two witness exhibits were also marked as Exs.W1
& W2. On the side of the respondents, neither any document was filed nor
any witness examined before the Tribunal. The doctor who examined the
appellant/claimant has assessed the disability at 40%. The
appellant/claimant was hospitalized from 01.04.2006 to 12.04.2006 and
thereafter from 15.05.2006 to 22.05.2006 which has also not been disputed
by the respondents before the Tribunal.
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C.M.A.No.1455 of 2015
7. The Tribunal has awarded a compensation of Rs.60,000/- towards
disability calculating @ Rs.1500/- per percentage of disability, Rs.10,000/-
towards Pain & Sufferings, Rs.5,000/- towards extra nourishment and
Rs.1,000/- towards transport charges. In all, a total compensation of
Rs.76,000/- was granted which in the considered view of this Court is low
and it has to be enhanced. The appellant/claimant would have certainly
been unable to go for his regular work due to the injuries sustained by him
and also as a result of his hospitalization. The Tribunal has not awarded any
compensation towards Attender charges which the appellant/claimant is
legally entitled to, in view of the nature of injuries sustained by him and his
period of hospitalization. The discharge summary issued by the hospital
which has been marked as Ex.P4 before the Tribunal also reveals that a
plate has been fixed on the left leg of the appellant/claimant on account of
the fracture sustained by him.
8. This Court, after giving due consideration to the nature of injuries
sustained by the appellant/claimant, is of the considered view that atleast for
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C.M.A.No.1455 of 2015
a period of four months from the date of the accident, he would have been
unable to do his regular work. Hence, the loss of income to the
appellant/claimant is calculated for a period of four months @ Rs.5,000/-
per month which is the notional income fixed by this Court. Therefore, the
compensation towards loss of income to the appellant/claimant is assessed
at Rs.20,000/- calculated @ Rs.5000/- per month for a period of four
months. After giving due consideration to the nature of injuries and the
year of accident, this Court fixes the compensation towards Attender
charges at Rs.5,000/-. Similarly, the Tribunal has also not awarded any
compensation towards loss of amenities to the appellant/claimant which he
is legally entitled to. This Court, fixes the compensation towards loss of
amenities at Rs.5,000/-. This Court, also is of the considered view that the
compensation awarded by the Tribunal towards Pain & Sufferings at
Rs.10,000/- is low. It has to be enhanced, in view of the nature of injuries
sustained by the appellant/claimant and his period of hospitalization.
Accordingly, the same is enhanced to Rs.15,000/- from Rs.10,000/-. The
compensation awarded by the Tribunal under other heads are confirmed.
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C.M.A.No.1455 of 2015
9. For the foregoing reasons, the compensation awarded by the
Tribunal under the impugned award is enhanced from Rs.76,000/- to
Rs.1,11,000/- by this Court, in the following manner:
Heads Amount awarded Amount awarded
by the Tribunal by this Court
(Rs.) (Rs.)
For 40% disability 60,000/- 60,000/-
Pain & Sufferings 10,000/- 15,000/-
Extra nourishment 5,000/- 5,000/-
Transport charges 1,000/- 1,000/-
Loss of income - 20,000/-
Attender charges - 5,000/-
Loss of amenities - 5,000/-
Total 76,000/-- 1,11,000/-
Conclusion:
10. In the result, this appeal shall stand partly allowed. The Second
Respondent Insurance Company is directed to deposit the amount awarded
by this Court i.e. Rs.1,11,000/- together with interest at the rate of 7.5% per
annum from the date of claim till the date of deposit and costs, excluding
1568 days, the period of delay in filing the appeal, as per the order of this
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C.M.A.No.1455 of 2015
Court made in M.P.No1 of 2015 in CMA SR No.26152 of 2015, after
deducting the amount already deposited to the credit of MCOP.No.219 of
2008 within a period of four 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 to the bank account of the Appellant / claimant through
RTGS within a period of one week thereafter. The requisite Court fee, if
any has to be paid by the Appellant before receiving the copy of this
Judgment. No costs.
29.06.2021
Index:Yes/No
Internet:Yes/No
Speaking/Non-speaking order
To
1. The Principal Subordinate Judge,
Motor Accidents Claims Tribunal,
Mayiladuthurai.
2.The Section Officer
V.R.Section, High Court,
Madras.
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C.M.A.No.1455 of 2015
ABDUL QUDDHOSE, J.
rgr
C.M.A.No.1455 of 2015
30.06.2021
https://www.mhc.tn.gov.in/judis/
