Madras High Court
Yuvaneshwaran vs Anandha Raj on 11 March, 2021
C.M.A.No.518 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.518 of 2021
Yuvaneshwaran .. Appellant
Vs.
1.Anandha Raj
2.Royal Sundaram Alliance Insurance Company Limited,
Whites Road, Ground Floor,
Sundaram Towers, Royapettah,
Chennai – 600 014. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
24.09.2019 made in M.C.O.P.No.1452 of 2015 on the file of the Motor
Accident Claims Tribunal, Special Sub Court No.I, Small Causes Court,
Chennai.
For Appellant : Mr.K.Varadha Kamaraj
For R2 : Mr.E.Rajadurai
for Mr.M.B.Raghavan
1/10
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C.M.A.No.518 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 24.09.2019 made in
M.C.O.P.No.1452 of 2015 on the file of the Motor Accident Claims Tribunal,
Special Sub Court No.I, Small Causes Court, Chennai.
2.The appellant is the claimant in M.C.O.P.No.1452 of 2015 on the file
of the Motor Accident Claims Tribunal, Special Sub Court No.I, Small
Causes Court, Chennai. He filed the above said claim petition, claiming a
sum of Rs.18,00,000/- as compensation for the injuries sustained by him in
the accident that took place on 29.12.2014.
3.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
the driver of the motorcycle belonging to the 1st respondent and directed the
2nd respondent-Insurance Company to pay a sum of Rs.1,02,750/- as
compensation to the appellant.
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C.M.A.No.518 of 2021
4.Not being satisfied with the amounts awarded by the Tribunal, the
appellant has come out with the present appeal seeking enhancement of
compensation.
5.The learned counsel appearing for the appellant contended that in the
accident the appellant suffered hip fractrue and multiple injuries all over the
body. The Regional Medical Board constituted by the Rajiv Gandhi
Government General Hospital, Chennai examined the appellant and certified
that appellant suffered 10% disability and issued disability certificate Ex.C1
to that effect. The Tribunal awarded a meagre sum of Rs.30,000/- towards
disability at the rate of Rs.3,000/- per percentage of disability. The accident
occurred in the year 2014 and the Tribunal ought to have awarded more
amount towards disability. The appellant has lost his 100% earning capacity
and the Tribunal ought to have awarded compensation for 100% loss of
earning capacity. At the time of accident, the appellant was working as
Electrician and was earning a sum of Rs.15,000/- per month. But the Tribunal
fixed a meagre sum of Rs.10,000/- per month as notional income of the
appellant and awarded compensation towards loss of income only for two
months. The appellant has taken treatment at Government Stanley Hospital as
inpatient for three days from 29.12.2014 to 31.12.2014. The amounts awarded
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C.M.A.No.518 of 2021
by the Tribunal towards loss of income, extra nourishment, pain and
sufferings, attendant charges, transportation and disability are meagre. The
Tribunal failed to award any amount towards medical expenses, future
medical expenses and loss of amenities and prayed for enhancement of
compensation.
6.Per contra, the learned counsel appearing for the 2nd respondent-
Insurance Company contended that the Tribunal accepted the disability
certificate issued by the Medical Board and awarded a sum of Rs.30,000/- for
10% disability at the rate of Rs.3,000/- per percentage of disability and the
same is not meagre. The appellant has not suffered any functional disability
and hence, he is not entitled to any compensation towards loss of earning
capacity. The appellant has not produced any document to prove his
avocation and income. In the absence of any material evidence with regard to
avocation and income, a sum of Rs.10,000/- per month fixed by the Tribunal
as notional income of the appellant is excessive. The Tribunal considering the
entire materials on record, has awarded a sum of Rs.1,02,750/- as
compensation to the appellant under different heads and the same is not
meagre. The appellant has not made out any case for enhancement of
compensation and prayed for dismissal of the appeal.
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C.M.A.No.518 of 2021
7.Heard the learned counsel appearing for the appellant as well as the
learned counsel appearing for the 2nd respondent-Insurance Company and
perused the entire materials on record.
8.It is the case of the appellant that in the accident he sustained Right
Hip fracture and multiple injuries all over the body. The Medical Board
constituted by the Rajiv Gandhi Government General Hospital, Chennai
examined the appellant and certified that appellant suffered 10% disability
and issued disability certificate Ex.C1 to that effect. The Tribunal accepted
the disability certificate issued by the Medical Board and awarded a sum of
Rs.30,000/- for 10% disability at the rate of Rs.3,000/- per percentage of
disability and the same is meagre. This Court by the judgment reported in
2020 (1) TN MAC 617 [M. Chinnathambi Vs. S.Deepa and another], fixed a
sum of Rs.4,000/- per percentage of disability for the accident occurred in the
year 2014 & 2015 and a sum of Rs.5,000/- per percentage of disability for the
accident occurred from the year 2016 onwards, due to raise in cost of living.
In the present case, the accident is of the year 2014. In view of the same, a
sum of Rs.4,000/- is awarded per percentage of disability. Thus, the
compensation awarded by the Tribunal towards disability is modified to
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C.M.A.No.518 of 2021
Rs.40,000/- (Rs.4,000/- X 10% disability). The appellant has not proved that
he suffered functional disability and lost his earning capacity. Hence, he is
not entitled to any amount towards loss of earning capacity.
9.It is the contention of the appellant that at the time of accident, he
was working as Electrician and was earning a sum of Rs.15,000/- per month.
To prove the avocation and income, the appellant has produced the
Ex.P8/copy of Vocational Training Certificate and Ex.P9/copy of Electronics
Training Certificate. The Tribunal considering Exs.P8 & P9, held that the
appellant has not filed any document like attendance register, wage register
and salary certificate to prove his income. In the absence of any material
evidence with regard to avocation and income, the Tribunal fixed a sum of
Rs.10,000/- per month as notional income of the appellant and awarded
compensation towards loss of income for two months. The accident occurred
in the year 2014 and the notional income fixed by the Tribunal is meagre.
Considering the year of accident, age and nature of work done by the
appellant, a sum of Rs.14,000/- per month is fixed as notional income of the
appellant. Due to the injuries and disability suffered by the appellant in the
accident, he would not have attended his work atleast for a period of three
months. Thus, the compensation awarded by the Tribunal towards loss of
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C.M.A.No.518 of 2021
income is modified to Rs.42,000/- (Rs.14,000/- X 3 months). The appellant
has taken treatment at Government Stanley Hospital as inpatient for three
days from 29.12.2014 to 31.12.2014. Considering the nature of injuries and
period of treatment taken by the appellant, the amounts awarded by the
Tribunal towards attendant charges and transportation are meagre and the
same are enhanced to Rs.7,500/- each. The Tribunal has not awarded any
amounts towards medical expenses and loss of amenities. Though the
appellant has taken treatment in the Government Hospital, he would have
incurred some medical expenses. Hence, a sum of Rs.7,500/- is awarded to
the appellant towards medical expenses. Considering the nature of injuries
and disability suffered by the appellant, this Court is of the view that he
would have suffered inconvenience and would be facing discomfort in his
life. Therefore, the appellant is entitled to a sum of Rs.15,000/- towards loss
of amenities. The appellant has not produced any medical records to show
that he requires further medical treatment. Hence, he is not entitled to any
amount towards future medical expenses. The amounts awarded by the
Tribunal under other heads are just and reasonable and hence, the same are
hereby confirmed. Thus, the compensation awarded by the Tribunal is
modified as follows:
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C.M.A.No.518 of 2021
S. Description Amount awarded Amount awarded Award confirmed
No by Tribunal by this Court or enhanced or
(Rs) (Rs) granted
1. Disability 30,000/- 40,000/- Enhanced
2. Pain and sufferings 20,000/- 20,000/- Confirmed
3. Extra nourishment 10,000/- 10,000/- Confirmed
4. Transport to Hospital 2,000/- 7,500/- Enhanced
5. Attendant charges 750/- 7,500/- Enhanced
6. Future Prospects 20,000/- 20,000/- Confirmed
7. Loss of Income 20,000/- 42,000/- Enhanced
8. Medical expenses - 7,500/- Granted
9. Loss of Amenities - 15,000/- Granted
Total Rs.1,02,750/- Rs.1,69,500/- Enhanced by
Rs.66,750/-
10.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.1,02,750/- is hereby
enhanced to Rs.1,69,500/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. The 2 nd respondent-
Insurance Company is directed to deposit the award amount now determined
by this Court along with interest and costs, less the amount already deposited,
if any, within a period of six weeks from the date of receipt of a copy of this
judgment, to the credit of M.C.O.P.No.1452 of 2015 on the file of the Motor
Accident Claims Tribunal, Special Sub Court No.I, Small Causes Court,
Chennai. On such deposit, the appellant is permitted to withdraw the award
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C.M.A.No.518 of 2021
amount now determined by this Court, along with interest and costs, less the
amount if any, already withdrawn by making necessary applications before
the Tribunal. No costs.
11.03.2021
krk
Index : Yes / No
Internet : Yes / No
To
1.The Special Subordinate Judge No.I,
Motor Accident Claims Tribunal,
Small Causes Court,
Chennai.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.518 of 2021
V.M.VELUMANI, J.
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C.M.A.No.518 of 2021
11.03.2021
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