Madras High Court
M.Essakkiammal vs Parvathy Ortho Hospital on 9 March, 2021
C.M.A.No.2951 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 9.3.2021
CORAM:
THE HON'BLE Mr.JUSTICE D.KRISHNAKUMAR
Civil Miscellaneous Appeal No.2951 of 2013
M.Essakkiammal ... Petitioner / Appellant
..Vs..
1. Parvathy Ortho hospital
2 The New India Assurance Co. Ltd.,
No.45, Moore Street,
Chennai – 1. ... Respondents/Respondents
Appeal filed under Section 173 of the Motor Vehicles Act, 1988,
against the Judgment and decree dated 3.4.2013 made in M.C.O.P.No.4473 of 2012
on the file of V Court of Small Causes (Motor Accidents Claims Tribunal), Chennai.
For Appellant : Mr.K.Suryanarayanan
For Respondent No.2 : Ms.A.Salomi
*****
JUDGMENT
Brief facts of the claimant's case is as follows:
On 4.9.2012 at about 10.15 a.m. at G.S.T. Road, Chrompet, near
Vaishnava College signal, when the petitioner was travelling as a pillion rider in a
motor cycle bearing registration No.TN-38-E 6449 driven by one M.Maharajan, an
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C.M.A.No.2951 of 2013
Ambulance bearing registration No.TN-22-BC 2408 came in a rash and negligent
manner and hit the motorcycle, thereby caused accident, resulting in the
petitioner sustained grievous injuries. The petitioner filed a claim petition
claiming Rs.6,00,000/- as compensation for the injuries sustained by her.
2. On the side of the claimant, P.W.1 to 3 were examined and Ex.P1
to P20 were marked. On the side of the respondents, no oral or documentary
evidence adduced.
3. The Tribunal, based on the oral and documentary evidence Ex.P1
to P20, came to the conclusion that due to the negligence on the part of the first
respondent Ambulance, the accident occurred and awarded Rs.92,500/- as
compensation for the injuries sustained by the petitioner along with interest at the
rate of 7.5% p.a from the date of petition till realization. The total compensation
awarded by the tribunal under various heads are as follows:
Heads Amount in Rs.
Disability 25% x 1800 45,000/-
Pain and suffering 20,000/-
Loss of earning 10,000/-
Transport to hospital 5,000/-
Extra Nourishment 5,000/-
Medical expenses 7,000/-
Damage to clothes 500/-
Total : 92,500/-
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C.M.A.No.2951 of 2013
4. Heard the learned counsel appearing for the claimant/appellant,
the learned counsel appearing for the respondent/Insurance Company and perused
the materials available on record.
5. According to the learned counsel appearing for the appellant, due
to rash and negligent driving of the offending insured vehicle, the appellant
sustained grievous injuries and she was admitted in hospital and had taken
treatment. According to the counsel appearing for the appellant, the tribunal has
not appreciated the case of the appellant in proper perspective while awarding
compensation for disability. Dr.Saichandran was examined as P.W.3 who deposed
before the Court below that the appellant sustained 35% disability, however, the
tribunal reduced the disability to 25% and awarded compensation of Rs.45,000/-
towards disability. According to the counsel appearing for the appellant, the
tribunal ought to have accepted 35% disability as assessed by the Doctor, P.W.3 for
the injuries sustained by the petitioner. There is no reason to disagree with the
35% disability assessed by the Doctor. Further, under other heads also, like Pain
and sufferings, extra nourishment, compensation awarded by the tribunal is not
adequate and no amount was awarded under the head loss of amenities.
Therefore, the claimant/appellant seeks enhancement of compensation.
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C.M.A.No.2951 of 2013
6 Counsel appearing for the respondent/Insurance Company would
submit that tribunal has considered evidence on the side of the claimant/appellant
and rightly came to the conclusion that the appellant is entitled for compensation
of Rs.92,500/-. Therefore, there is no warrant to interfere with the award passed
by the tribunal.
7. The first contention of the appellant is that the appellant had
taken treatment at the hospital as inpatient from 4.9.2012 to 10.9.2012 again she
was reviewed on 15.9.2012 and had continuous treatment. The appellant also
produced Ex.P15 to prove that she had continuous treatment. P.W.3 Doctor
deposed before the Court that the petitioner sustained 35% disability. However,
the tribunal reduced the disability assessed by the Doctor to 25% without assigning
any valid reason. Therefore, this Court accepted that the petitioner sustained 35%
disability in the accident, as assessed by the Doctor. Similarly, under other heads
also, it requires modification. Accordingly, the award passed by the tribunal is
modified as follows:
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C.M.A.No.2951 of 2013
Heads Compensation Compensation
awarded by the enhanced/
tribunal Awarded by this
Rs. Court Rs.
Permanent Disability 45,000/- 63,000/-
35% x 1800
Pain and suffering 20,000/- 20,000/-
Loss of earning 10,000/- 10,000/-
Transport to hospital 5,000/- 5,000/-
Extra Nourishment 5,000/- 7,500/-
Medical expenses 7,000/- 7,000/-
Damage to clothes 500/- 500/-
Loss of amenities -- 10,000/-
Total : 92,500/- 1,23,000/-
The compensation awarded by the tribunal is modified to the aforesaid extent.
Except the above modification, the award passed by the tribunal is confirmed.
8. The claimant/appellant is entitled to withdraw Rs.1,23,000/-
(Rupees one lakh and twenty three thousand only) along with interest at the rate of
7.5% p.a. from the date of petition till realization. The respondent/Insurance
company is directed to deposit Rs.1,23,000/- along with interest at the rate of
7.5% p.a. from the date of petition till realization, within a period of six weeks
from the date of receipt of copy of the judgment, after deducting the amount if
any, already deposited before the tribunal. On such deposit being made by the
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C.M.A.No.2951 of 2013
respondent/Insurance Company, the claimant/appellant is entitled to withdraw
the amount by filing appropriate application.
9. In fine, the Civil Miscellaneous Appeal is partly allowed to the
aforesaid extent. No costs.
9.3.2021
Speaking/Non Speaking order
Index: Yes/No
Internet: Yes/No
vaan
To
1. The V Court of Small Causes (Motor Accidents Claims Tribunal), Chennai
2. The New India Assurance Co. Ltd., No.46, Moore Street, V Floor, Chennai – 1.
3. The Section Officer, V.R.Section, Madras High Court, Chennai-104.
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C.M.A.No.2951 of 2013
D.KRISHNAKUMAR, J.
vaan
Civil Miscellaneous Appeal
No.2951 of 2013
http://www.judis.nic.in
C.M.A.No.2951 of 2013
9.3.2021
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