Madras High Court
M.Dhanalakshmi vs P.Thevaraj on 11 March, 2021
C.M.A.No.609 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.609 of 2021
M.Dhanalakshmi .. Appellant
Vs.
1.P.Thevaraj
2.The National Insurance Company Limited,
Selvanayagi Complex,
Perundurai Road,
Near Collector Office,
Erode – 638 011. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
05.03.2020 made in M.C.O.P.No.751 of 2017 on the file of the Motor
Accident Claims Tribunal, Special District Court, Erode.
For Appellant : Mr.S.P.Yuaraj
For R2 : Mr.J.Chandran
JUDGMENT
The matter is heard through “Video Conferencing/Hybrid” mode.
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C.M.A.No.609 of 2021
2.This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 05.03.2020 made in
M.C.O.P.No.751 of 2017 on the file of the Motor Accident Claims Tribunal,
Special District Court, Erode.
3.The appellant is the claimant in M.C.O.P.No.751 of 2017 on the file
of the Motor Accident Claims Tribunal, Special District Court, Erode. She
filed the above said claim petition, claiming a sum of Rs.10,00,000/- as
compensation for the injuries sustained by her in the accident that took place
on 30.08.2017.
4.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 car owned by 1st respondent and directed the 2nd respondent-
Insurance Company to pay a sum of Rs.2,32,472/- as compensation to the
appellant.
5.Not being satisfied with the amounts awarded by the Tribunal, the
appellant has come out with the present appeal seeking enhancement of
compensation.
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C.M.A.No.609 of 2021
6.The learned counsel appearing for the appellant contended that in the
accident the appellant suffered multiple grievous injuries all over the body.
P.W.2/Doctor examined the appellant and certified that the appellant suffered
20% disability and issued Ex.P16/disability certificate to that effect. The
Tribunal has awarded a meagre sum of Rs.60,000/- towards disability. At the
time of accident, the appellant was working as an Agricultural Coolie and
was earning a sum of Rs.14,000/- per month. But the Tribunal fixed a meagre
sum of Rs.7,500/- per month as notional income of the appellant and awarded
compensation towards loss of income only for three months. The Tribunal
ought to have awarded more compensation for loss of income. The appellant
has taken treatment in the Akshya Hospital, Namakkal as inpatient for 10
days from 30.08.2017 to 08.09.2017 and underwent surgery on 31.08.2017.
The amounts awarded by the Tribunal under other heads are meagre 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 P.W.2/Doctor and awarded a sum of Rs.60,000/- for 20%
disability at the rate of Rs.3,000/- per percentage of disability and the same is
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C.M.A.No.609 of 2021
not meagre. The appellant has not produced any material evidence to prove
her avocation and income. In the absence of any material evidence with
regard to avocation and income, the Tribunal fixed a sum of Rs.7,500/- per
month as notional income of the appellant and awarded compensation
towards loss of income for three months, which is not meagre. The Tribunal
considering the entire materials on record, has awarded a sum of
Rs.2,32,472/- 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.
8.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.
9.It is the contention of the appellant that in the accident she suffered
multiple grievous injuries all over the body. P.W.2/Doctor examined the
appellant and certified that the appellant suffered 20% disability and issued
Ex.P16/disability certificate to that effect. The Tribunal accepted
Ex.P16/disability certificate issued by P.W.2/Doctor and awarded a sum of
Rs.60,000/- for 20% disability at the rate of Rs.3,000/- per percentage of
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C.M.A.No.609 of 2021
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 2017. In view of the same, a
sum of Rs.5,000/- is awarded per percentage of disability. Thus, the
compensation awarded by the Tribunal towards disability is modified to
Rs.1,00,000/- (Rs.5,000/- X 20% disability).
10.It is the contention of the appellant that at the time of accident, she
was working as an Agricultural Coolie and was earning a sum of Rs.14,000/-
per month. Except oral evidence, the appellant has not produced any material
evidence to prove her avocation and income. In the absence of any material
evidence with regard to avocation and income, the Tribunal fixed a sum of
Rs.7,500/- per month as notional income of the appellant and awarded
compensation towards loss of income for three months. The accident is of the
year 2017. The cost of living has increased enormously and salary of even
unskilled workers has increased substantially. Hence, a sum of Rs.14,000/-
per month as claimed by the appellant is fixed as her notional income. Due to
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C.M.A.No.609 of 2021
the injuries and disability suffered by the appellant in the accident, she would
not have attended her work atleast for a period of four months. Thus, the
compensation awarded by the Tribunal towards loss of income is modified to
Rs.56,000/- (Rs.14,000/- X 4 months). The appellant has taken treatment in
the Akshya Hospital, Namakkal as inpatient for 10 days from 30.08.2017 to
08.09.2017 and underwent surgery on 31.08.2017. Considering the nature of
injuries and period of treatment taken by the appellant, 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:
S. Description Amount awarded Amount awarded Award confirmed
No by Tribunal by this Court or enhanced or
(Rs) (Rs) granted
1. Disability 60,000/- 1,00,000/- Enhanced
2. Pain and sufferings 45,000/- 45,000/- Confirmed
3. Loss of income 22,500/- 56,000/- Enhanced
4. Extra nourishment 10,000/- 10,000/- Confirmed
5. Attendant charges 20,000/- 20,000/- Confirmed
6. Medical expenses 64,972/- 64,972/- Confirmed
7. Transportation 10,000/- 10,000/- Confirmed
Total Rs.2,32,472/- Rs.3,05,972/- Enhanced by
Rs.73,500/-
11.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.2,32,472/- is hereby
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C.M.A.No.609 of 2021
enhanced to Rs.3,05,972/- 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.751 of 2017 on the file of the Motor
Accident Claims Tribunal, Special District Court, Erode. On such deposit, the
appellant is permitted to withdraw the award 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 District Judge,
Motor Accident Claims Tribunal,
Erode.
2.The Section Officer,
VR Section,
High Court,
Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.609 of 2021
V.M.VELUMANI, J.
krk
C.M.A.No.609 of 2021
11.03.2021
https://www.mhc.tn.gov.in/judis/
