Madras High Court

Saminathan vs Rajasekar on 2 March, 2021

                                                           C.M.A.No.288 of 2013


          IN THE HIGH COURT OF JUDICATURE AT MADRAS

                           DATED : 02.03.2021

                                CORAM:

              THE HON'BLE Mr.JUSTICE D.KRISHNAKUMAR

                          C.M.A.No.288 of 2013

Saminathan                                         ... Appellant
                                    ..Vs..
1.Rajasekar
2.Deenadayalan
3.The United India Insurance Company Limited.,
  Rep by its Branch Manager,
  123-A, No.2 Road,
  Mayiladuthurai,
  Nagapattinam Dt.                                  ... Respondents

PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act,
1988, against the fair and decreetal order of Motor Accidents Claims
Tribunal (Additional District Court), Puducherry at Karaikal, dated
06.02.2008 made in M.C.O.P.No.30 of 2007.

               For Appellant    :       Mr.S.Sounthar
               For R1 & R2      :       No Appearance
               For R3           :       Mrs.R.Sreevidhya
                                    *****
                               JUDGMENT

This Civil Miscellaneous Appeal is filed against the fair and

decreetal order of Motor Accident Claims Tribunal (Additional District Page No.1/8 C.M.A.No.288 of 2013

Court) at Karaikal, dated 06.02.2008 in M.A.C.T.O.P.No.30 of 2007.

2.On 11.12.2006, at about 06.30 p.m., when the petitioner was

proceeding from South to North on the extreme left side of Bharathi

Road, opposite to Ammaiyar Nagar, Keezhakasakudy near Santhana

Restaurant, the 1st respondent, who was riding the Hero Honda bike

bearing registration No.TN-51-U-0265 on the same direction in rashly

and negligently, hit the petitioner's back side. Due to which, the

petitioner sustained serious injuries on his both legs and hands including

multiple fractures. The petitioner was taken treatment as inpatient and

discharged on 16.12.2006. The left coleus of the petitioner was

fractured. Claiming that the accident had happened due to the rash and

negligent driving of the driver (1st respondent) of the vehicle, which

belongs to 2nd respondent herein, insured with the 3rd respondent, the

appellant/claimant has filed a claim petition before the Tribunal claiming

an award of Rs.3,00,000/- as compensation.

Page No.2/8 C.M.A.No.288 of 2013

3.Before the Tribunal, two witnesses were examined on the side of

the appellant/claimant and Ex.P1 to Ex.P10 were marked. On the side of

the respondents, no witnesses were examined and no exhibits were

marked. After considering the oral and documentary evidence, the

Tribunal has awarded a total compensation of Rs.18,600/- along with the

interest at 7.5% p.a. Aggrieved by the said quantum of compensation,

the appellant/claimant has come up on appeal seeking enhancement.

4.The learned counsel for the appellant would submit that the

petitioner was an Agricultural Coolie and a cattle broker and was earning

not less than Rs.200/- per day. Due to the injuries sustained, the

petitioner is unable to do the regular work and he is suffering permanent

disability and he is entitled for enhancement of the compensation

amount. But the tribunal did not appreciate the case of the appellant and

awarded meager compensation of Rs.18,600/-. The learned counsel for

the appellant would further submit that the award passed by the Tribunal

under the various heads are inadequate, hence, he seeks enhancement of

the compensation amount.

Page No.3/8 C.M.A.No.288 of 2013

5.The learned counsel appearing for the 3rd respondent/United

India Insurance Company Limited would submit that the aforesaid

grounds raised by the learned counsel for the appellant for enhancement

of compensation cannot be entertained and he would further submit that

the Tribunal has considered the oral and relevant documentary evidence

in detail and awarded a fair and just compensation to the appellant.

Therefore, the appeal is liable to be dismissed.

6.Heard the learned counsel for the appellant and the learned

counsel for the 3rd respondent. Though notice has been served on the

respondents 1 and 2, none appeared for them.

7.This Court considered the rival submissions and perused the

materials available on records.

8.From the Accident Register (Ex.P9), it is seen that the

appellant/claimant sustained fracture injury at the lower end of radius left

side and from the Discharge Summary (Ex.P6), it is seen that the fracture Page No.4/8 C.M.A.No.288 of 2013

of coleus displaced. Due to the aforesaid accident, the petitioner, who is

an Agricultural Coolie, facing difficulty in lifting heavy objects and

unable to hold object properly. The Doctor, who was examined as PW2

on the side of the appellant/claimant deposed that he examined the

appellant and assessed 25% of disability caused due to the accident and

issued the Disability Certificate (Ex.P8). But, the Tribunal has fixed only

5% as disability. The said assessment of the Tribunal is without any

basis and no reason for fixing 5% disability has been given by the

Tribunal. Therefore, this Court fixes 15% disability by taking Rs.1,500/-

per percentage and for 15% disability, the amount comes to Rs.22,500/-.

9.As far as the head of pain and sufferings is concerned the

Tribunal has awarded a sum of Rs.5,000/-, this Court is of the view that

the said amount under the head of pain and sufferings is on the lower

side and the same is enhanced to Rs.10,000/-. For the head of loss of

amenities, the Tribunal has not awarded any amount and this court

awards a sum of Rs.5,000/- under the said head.

Page No.5/8 C.M.A.No.288 of 2013

10.The Tribunal has awarded a sum of Rs.2,000/- towards loss of

income. Due to the injuries and disability suffered by the appellant in the

accident, he would not have attended his work atleast for three months.

Hence, the compensation awarded by the Tribunal towards loss of

income during the treatment period is enhanced to Rs.6,000/-. The

compensation awarded for damages to the clothing is confirmed.

11.Thus, the compensation awarded by the Tribunal is modified

under various heads as follows:-

Compensation Compensation Heads awarded by Enhanced/ the Tribunal awarded by this Court Pain and Sufferings Rs. 5,000/- Rs. 10,000/-

         Loss of Amenities                -               Rs. 5,000/-
         Extra Nourishment          Rs.       1,000/-     Rs. 2,000/-
         Transport Charges          Rs.        500/-      Rs. 2,000/-
         Loss of Income during      Rs.       2,000/-     Rs. 6,000/-
         the treatment period                              (Rs.2,000 x 3)
         Disability                 Rs.       9,600/-     Rs. 22,500/-
                                                        (Rs.1,500 x 15%)
         Damages to the Clothing    Rs.        500/-      Rs.       500/-
         Total                      Rs. 18,600/-          Rs. 48,000/-

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                                                           C.M.A.No.288 of 2013