Madras High Court
Subramanian @ Suresh vs P.V. Sanmugam on 4 March, 2021
CMA No.2510 and 2511 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 04.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
CMA.No.2510 and 2511 of 2010
Subramanian @ Suresh ... Appellant/ Claimant in
CMA No2510 of 2010
Chellapandi @ Durai ... Appellant/ Claimant in
CMA No.2511 of 2010
Vs.
1. P.V. Sanmugam
2. The New India Assurance Co. Ltd.,
No.45, Moore Street, V floor,
Chennai. ... Respondents/ Respondents in
both the CMAs.
Prayer in both the appeals:
This Civil Miscellaneous Appeal has been filed under Section 173
of the Motor Vehicles Act, 1988, against the decree and judgment dated
10.03.2010 passed in M.C.O.P.No.2728 of 2006 by the V Judge, Motor
Accident Claims Tribunal, Court of Small Causes, Chennai,
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CMA No.2510 and 2511 of 2010
In both the cases
For Appellant : Mr. R. Kalai Arasan
For respondents : Mrs. R.Sreevidhya for R2
No appearance for R1
COMMON JUDGMENT
Not satisfied with the quantum of compensation awarded
by the Tribunal, the claimant in both the cases are before this court for
enhancement of the compensation.
2. The claimant in MCOP No.2728 of 2006 has filed a
claim petition before the Tribunal seeking compensation of
Rs.4,00,000/- for the injuries sustained by him in a road accident that
took place on 02.04.2006.
3. The claimant in MCOP No.2729 of 2006 has filed a
claim petition before the Tribunal seeking compensation of
Rs.7,00,000/- for the injuries sustained by him in a road accident that
took place on 02.04.2006.
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CMA No.2510 and 2511 of 2010
4. The brief case of the claimant is as follows: On
02.04.2006, the claimant namely Subramaniam @ Suresh was riding
his motorcycle bearing registration No.TN-07-AV-3277 along
Teynampet-Adyar Road and one Chellapandi @ Durai was travelling
as a Pillion rider and while nearing the place opposite to Ezhil Illam at
Greenways Road, a speedy car bearing registration No.TN-07-AX-4699
dashed against the motorcycle riding by the claimant, thereby both of
them sustained grievous injuries and they were admitted to Government
Hospital, Royapettah and had taken treatment as inpatients. According
to the claimants, the rash and negligent driving of the car was the cause
of accident and since the first respondent/ owner of the vehicle insured
his car with the second respondent/ insurance company, both of them
are liable to pay compensation. Accordingly MCOP No.2728 of 2006
was filed by the rider Subramanniam @ Suresh seeking compensation
of Rs.4,00,000/- and the MCOP No.2729 of 2006 was filed by the
pillion rider Chellapandi @ Durai, seeking compensation of
Rs.7,00,000/-.
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CMA No.2510 and 2511 of 2010
5. The claim petitions were resisted by the second
respondent/ insurance company by filing counter affidavit.
6. The Tribunal, has taken both the cases for common trial
and before Tribunal, on the side of the claimants, the claimants are
examined as PW1 and PW2 and Dr.K.J.Mathiazhagan was examined
as PW3 and Ex.P1 to Ex.P15 were marked. On the side of the
respondents, no oral and documentary evidence was adduced.
7. After analysing the evidence on record, the Tribunal has
awarded a sum of Rs.55,000/- (wrongly stated as Rs.57,000) to the
claimant in MCOP No.2728 of 2006 and a sum of Rs.1,43,000/-
(wrongly stated as Rs.1,73,000) to the claimant in MCOP No.2729 of
2006 as compensation under various heads, which are extracted
hereunder.
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CMA No.2510 and 2511 of 2010
MCOP No.2728 of 2006
Sl Heads Amount in
No Rs.
1 Loss of earning 9,000
2 Transportation charges 2,000
3 Extra nourishment 1,000
3 Damages to cloths and 1,000
articles
4 Attender charges 2,000
5 Pain and sufferings 15,000
6 Continuing permanent 25,000
disability
Total 55,000
MCOP No.2729 of 2006
Sl Heads Amount in
No Rs.
1 Loss of earning 24,000
2 Transportation charges 3,000
3 Extra nourishment 5,000
3 Damages to cloths and 1,000
articles
4 Medical expenses 7,000
5 Attender charges 8,000
6 Pain and sufferings 15,000
7 Continuing permanent 80,000
disability
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CMA No.2510 and 2511 of 2010
Sl Heads Amount in
No Rs.
Total 1,43,000
Aggrieved over the award passed by the Tribunal, the claimants are
before this court by filing the appeals for enhancement of compensation.
8. Heard the learned counsel for the appellants and the
counsel appearing for the insurance company and I have perused the
materials on record.
9. The learned counsel appearing for the appellant s
submitted that the disability suffered by the claimant was not taken into
account, as assessed by the Doctor (PW3) and it was reduced by the
Trial Court on its own. Further, the claimants were admitted as
inpatients and have taken treatment for their grievous injuries.
However, without considering the nature of the injuries sustained by
them and the period of the treatment, has awarded a meagre amounts
towards "Pain and sufferings". He also submitted that without
considering the evidence on record produced by the claimants and the
facts and circumstances of the case, the Tribunal has awarded a very
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CMA No.2510 and 2511 of 2010
meagre amount, and hence he prayed for enhancement of compensation
in both the appeals.
10. The learned counsel appearing for the second
respondent/ insurance company submitted that after analysing the
evidence and the documents on record, the Tribunal has awarded a just
and reasonable compensation and therefore, the award passed by the
Tribunal does not warrant any interference by this court.
11. Now the point for consideration is
(i) Whether the compensation awarded by the Tribunal has
to be enhanced in both the appeals?
12. Point
The doctor (PW3) has assessed the disability suffered by
the claimants in MCOP No.2728 and 2729 of 2006 at 30% and 45%
respectively and he has given disability certificate Ex.P12 to the
claimant Subramaniam @ Suresh and Ex.P14 to the claimant
Chellapandi @ Durai. He also examined as PW3 and deposed about
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CMA No.2510 and 2511 of 2010
the disablement of the claimants before Tribunal. But the Tribunal on
its own, has reduced the same to 25% and 40% respectively, without
any basis. Accordingly, a sum of Rs.30,000/- and a sum of Rs.90,000/-
is awarded to the claimants in MCOP No.2728 of 2006 and MCOP
No.2729 of 2006 respectively, Further, no proof of income was
produced by the claimants to prove their income. By considering the
year of accident, a sum of Rs.4,000/- is fixed at monthly income of the
claimant in MCOP No.2728 of 2006. However, as far as the monthly
income of the claimant in MCOP No.2729 of 2006 is concerned, the
Tribunal has rightly fixed as Rs.3,000/-. Further, no amount was
awarded towards " loss of amenities" by the Tribunal. Accordingly, the
revised compensation awarded under the various heads in the present
appeals is extracted hereunder.
CMA No.2510 of 2010
Sl. Heads Compensation Compensation
No Awarded by the enhanced/ Awarded
Tribunal by this court
1 Loss of earning 9,000 12,000
2 Transportation charges 2,000 5,000
3 Extra nourishment 1,000 5,000
4 Damages to cloths and 1,000 1,000
articles
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CMA No.2510 and 2511 of 2010
Sl. Heads Compensation Compensation
No Awarded by the enhanced/ Awarded
Tribunal by this court
5 Attender charges 2,000 5,000
6 Pain and sufferings 15,000 15,000
7 Continuing permanent 25,000 30,000
disability
8 Loss of amenities - 5,000
Total 55,000 78,000
This amount shall carry interest at the rate of 7.5% per annum from the
date of claim petition till the date of deposit.
CMA No.2510 of 2010
Sl. Heads Compensation Compensation
No Awarded by the enhanced/ Awarded
Tribunal by this court
1 Loss of earning 24,000 24,000
2 Transportation charges 3,000 5,000
3 Extra nourishment 5,000 10,000
3 Damages to cloths and 1,000 2,000
articles
4 Medical expenses 7,000 7,000
5 Attender charges 8,000 8,000
6 Pain and sufferings 15,000 20,000
7 Continuing permanent 80,000 90,000
disability
8 Loss of amenities 10,000
Total 1,43,000 1,76,000
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CMA No.2510 and 2511 of 2010
This amount shall carry interest at the rate of 7.5% per annum from the
date of claim petition till the date of deposit.
13. In the result,
CMA No.2910 of 2010
(i) The Civil Miscellaneous Appeal is partly allowed and
the award passed by the Tribunal is enhanced from Rs.55,000/- to
Rs.78,000/-. No costs.
(ii) The second respondent/insurance company is directed
to deposit the revised compensation of Rs.78,000/- with interest at the
rate of 7.5.% p.a. from the date of claim petition till the date of deposit,
less the amount if already deposited, within a period of six weeks from
the date of receipt of a copy of this order.
(iii) On such deposit being made by the insurance
company, the claimant is entitled to withdraw the same, after following
due process of law.
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CMA No.2510 and 2511 of 2010
CMA No.2511 of 2010
(i) The Civil Miscellaneous Appeal is partly allowed and
the award passed by the Tribunal is enhanced from Rs.1,43,000/- to
Rs.1,76,000/-. No costs.
(ii) The second respondent/insurance company is directed
to deposit the revised compensation of Rs.1,76,000/- with interest at the
rate of 7.5.% p.a. from the date of claim petition till the date of deposit,
less the amount if already deposited, within a period of six weeks from
the date of receipt of a copy of this order.
(iii) On such deposit being made by the insurance
company, the claimant is entitled to withdraw the same, after following
due process of law.
04.03.2021
Index:Yes/No
Internet:Yes/No
Speaking/non Speaking order
mst
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CMA No.2510 and 2511 of 2010
To
1. V Judge. Motor Accident Claims Tribunal, Court of Small Causes,
Chennai.
2. The New India Assurance Co. Ltd.,
No.45, Moore Street, V floor, Chennai.
3. Section Officer, V.R.Section, Madras High Court, Chennai-104.
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CMA No.2510 and 2511 of 2010
D. KRISHNAKUMAR, J.
mst
CMA. No.2510 and 2511 of 2010
04.03.2021
http://www.judis.nic.in
