Madras High Court
S.Meyyappan vs Sureshkumar on 3 March, 2021
C.M.A(MD).No.594 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.03.2021
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.M.A(MD).No.594 of 2020
S.Meyyappan ... Appellant/ Claimant
Vs.
1.Sureshkumar
2.Iffco Tokio General Insurance Company Ltd.,
82 Preetham Plaza
Ground Floor & 1st Floor
Chandra Kandhi Nagar
Ponmani
Madurai 625 018 ....Respondents/Respondents
PRAYER:- This Civil Miscellaneous Appeal has been filed under Section
173 of the Motor Vehicles Act, 1988, to set aside the Judgment and Decree
passed by the Motor Accident Claims Tribunal /Learned Additional District
Judge, Pudukkottai in M.C.O.P.No.250 of 2016 dated 06.07.2020 insofar as
the meagre sum of compensation awarded and allow this appeal.
For appellant : Mr.P.Gokulnaath
For R2 : Mrs.K.R.Sivashankari
1/9
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C.M.A(MD).No.594 of 2020
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the
Judgment and Decree passed by the Motor Accident Claims
Tribunal /Learned Additional District Judge, Pudukkottai in M.C.O.P.No.250
of 2016 dated 06.07.2020 insofar as the meagre sum of compensation
awarded and allow this appeal.
2. The brief facts of the case is that on 05.05.2015 at 3.00 a.m early
morning, the Tipper Lorry bearing registration No.TN-63-AC-5698 driven by
the driver of the first respondent and dashed behind the bullock cart where
the appellant and others carrying the deity statue to the temple from
Pudukkottai to Karaikudi NH road, due to the impact, the appellant sustained
grievous injuries on his right femur and elbow and he was admitted in
Kauvery Medical Centre, Karaikudi and took continuous treatment. The
appellant as claimant filed M.C.O.P.No.250 of 2015 before the Additional
District Judge, Motor Accident Claims Tribunal, Pudukkottai, seeking
compensation of Rs.14,00,000/- where the learned Tribunal after hearing the
oral and documentary evidence found that the negligence is only on the part
of the first respondent's driver and fixed liability on the part of the
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C.M.A(MD).No.594 of 2020
respondents 1 and 2 and awarded a sum of Rs.2,06,700/- with interest at
7.5 % per annum as compensation. The second respondent / Insurance
Company was directed to pay the entire compensation to the claimant and not
satisfied with the same, the appellant/claimant has filed this appeal seeking to
enhance the compensation.
3. The learned counsel appearing for the appellant / claimant would
submit that the appellant sustained grievous injury in the accident. There was
a fracture in right femur and right elbow and surgery was underwent in the
Kauvery Medical Centre, Karaikudi and plate was inserted. To prove the
same, Exhibit P9-medical bills were filed, totalling a sum of Rs.1,09,533/-.
However, the learned Tribunal while calculating the medical bills, only a sum
of Rs.31,600/- was granted towards medical expenses and the balance sum of
Rs.78,000/- was not granted stating that the medical receipt serial nos. 2, 13,
22 and 46 in Exhibit P9 are only an advance payment receipts. However, the
hospital management had debited the said sum of Rs.78,000/- towards
surgery charges and other hospital charges and the bills were issued by them
on the last date of discharge of the appellant on 19.05.2015. Due to
inadvertence, the appellant's counsel failed to produce the cash bill dated
19.05.2015 which would clearly show that Rs.78,001/- was charged from the
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C.M.A(MD).No.594 of 2020
appellant towards surgery charges for taking treatment in Kauvery Medical
Centre, Karaikudi from 05.05.2015 to 19.05.2015 for 14 days. Therefore, the
appellant/claimant has to be granted Rs.78,001/- towards medical expenses.
The learned counsel would further submit that the disability assessed by the
Medical Board as 20% and the learned Tribunal has fixed only Rs.2000/- per
percentage for disability and awarded a sum of Rs.40,000/-(20% x 2000)
towards disability. In respect of compensation of disability, as per National
Insurance Company Limited Vs.G.Ramesh and another reported in 2013
(2) TN MAC 583 ,the learned Tribunal ought to have given Rs.3000/- per
percentage of disability. Further the learned Tribunal has failed to award any
compensation under the head of loss of clothing and article, future medical
expenses and loss of expectation of the life.
4.Though the prayer in the appeal is not properly worded, the entire
reading of the petition will go to show that the petitioner has filed the above
appeal for enhancement of compensation.
5. The learned counsel appearing for the second respondent/Insurance
Company strenuously submitted that the Tribunal has awarded a reasonable
amount as compensation and therefore, the same need not be interfered with.
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C.M.A(MD).No.594 of 2020
6. Heard the learned counsel for the appellant as well as the second
respondent and perused the records carefully.
7.Perusal of record shows that the appellant/claimant sustained a
fracture of right femur and a surgery was performed in a private hospital
namely, Kauvery Medical Centre, Karaikudi, where plating and nailing was
done. Ex.P9 medical bills was filed totalling a sum of Rs.1,09,533/-, but
however, while calculating the medical bills, the learned Judge has granted
only a sum of Rs.31,600/- stating that medical receipt serial Nos.2,13,22 and
46 in Ex.P9 are only advance payment receipt. According to the petitioner,
the hospital management had debited the said amount of Rs.78,000/-towards
surgery charges and other hospital charges in a summary of bills issued by
them on the last date of discharge of the appellant on 19.05.2015. It is stated
that the cash bill dated 19.05.2015 was inadvertently not produced before the
Court below. It is an admitted fact that the petitioner has been inpatient in the
hospital from 05.05.2015 to 19.05.2015 for 14 days. The summary bills
issued on the last date of discharge of the appellant on 19.05.2015 which was
enclosed in the typed set of papers, is not disputed by the respondents and
even in the counter filed before the Court below, the medical bills were not
disputed and therefore, instead of sending the matter back to the lower court
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C.M.A(MD).No.594 of 2020
for marking of the above bill, I am inclined to grant the above bill amount.
Therefore, the award of the Tribunal at Rs.31,600/- towards medical expenses
is increased to Rs.1,09,533/-.
8.Though the learned counsel for the appellant would submit that the
appellant/claimant is a Washerman by avocation and he is not able to do his
work as done by him before the date of accident, the disability assessed by
the Medical Board only as 20%. The accident is of the year 2015. Since the
appellant sustained grievous injury on right femur and right hand elbow, he is
not able to do his work. Therefore, a sum of Rs.3,000/- is hereby awarded for
each percentage of disability as per the judgment of this Court in National
Insurance Company Limited vs. G.Ramesh, reported in 2013 (2) TN MAC
583. Accordingly, a sum of Rs.60,000/- (Rs.3000 x 20%) is hereby awarded
towards partial permanent disability.
9.Except the above modification, the compensation under other heads
are not interfered with. Accordingly, the award passed by the Tribunal is
enhanced from Rs.2,06,700 /- to 3,04,700/-. So far as the interest is
concerned, the rate of interest i.e., 7.5% p.a., fixed by the Tribunal is
confirmed. Thus, the compensation is calculated as follows:
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C.M.A(MD).No.594 of 2020
Partial Permanent Disability (20%Rs.3000/-) Rs. 60,000/-
Pain and Suffering Rs. 1,00,000/-
Medical expenses Rs. 1,09,600/-
Loss of income Rs. 20,100/-
For nutrition Rs. 10,000/-
For Transportation Rs. 5,000/-
Total enhanced Compensation Rs. 3,04,700/-
10. In view of the above, the award is enhanced from Rs.2,06,700/ - to
Rs.3,04,700 /-. The 2nd respondent / Insurance Company is directed to deposit
the entire award amount, less the amount already deposited, with accrued
interest and costs, within a period of four weeks from the date of receipt of a
copy of this judgment. On such deposit being made, the appellant /claimant is
permitted to withdraw the entire amount awarded with accrued interest and
costs without filing an application before the Tribunal.The claimant is
directed to pay the Court fee, if any to be payable for the enhanced amount
within a period of two weeks from the date of receipt of a copy of this
judgment.
11. This Civil Miscellaneous Appeal is accordingly partly allowed. No
costs.
03.03.2021
Index :Yes/No
Internet :Yes/No
msa
https://www.mhc.tn.gov.in/judis/
C.M.A(MD).No.594 of 2020
To
1. The Additional District Judge,
Motor Accident Claims Tribunal,
Pudukkottai
2.The Record Keeper,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
C.M.A(MD).No.594 of 2020
J.NISHA BANU,J.
msa
C.M.A(MD).No.594 of 2020
03.03.2021
https://www.mhc.tn.gov.in/judis/
