Madras High Court
J. Savarraj vs P. Prakash ... 1St on 1 November, 2021
C.M.A. No. 2194 of 2021 and
Cros. Obj. No. 98 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.11.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A. No. 2194 of 2021
and
Cros. Obj. No. 98 of 2021
J. Savarraj
...Appellant in C.M.A. No. 2194 of 2021
& 1st respondent in Cros.Obj.No.98 of 2021
Vs.
1. P. Prakash ... 1st respondent in CMA.No.2194 of 2021 &
2nd respondent in Cros.Obj No.98 of 2021
2. M/s. Reliance General Insurance Company Limited,
Claims Department,
No.6, Haddows Road,
Chennai – 600 026. ... 2nd respondent in CMA.No.2194 of 2021
&Cross Objector in Cros.Obj.No.98 of 2021
Prayer in C.M.A. No. 2194 of 2021 : Civil Miscellaneous Appeal filed
under section 173 of Motor Vehicles Act, 1988 against the Judgment and
Decree made in M.C.O.P. No.469 of 2017, dated 05.03.2020 on the file
of the Motor Accidents Claims Tribunal, III Court of Small Causes,
Chennai.
Prayer in Cros. Obj. No. 98 of 2021: Cross Objection filed under Order
XLI Rule 22 of Code of Civil Procedure in C.M.A. No. 2194 of 2021
against the decree and judgment dated 5th day of March, 2020 made in
M.C.O.P. No.469 of 2017 on the file of the Motor Accidents Claims
Tribunal, III Court of Small Causes, Chennai.
C.M.A. No. 2194 of 2021 and
Cros. Obj. No. 98 of 2021
For Appellant
in C.M.A. No. 2194 of 2021
and
For Respondent
in Cros. Obj. No. 98 of 2021 : Mr. A. Babu
For Respondent 2
in C.M.A. No. 2194 of 2021
and
For Cross Objector
in Cros. Obj. No. 98 of 2021 : Mr. K. Vinod
COMMON JUDGMENT
This Appeal has been filed by the claimant seeking enhancement
of compensation under the impugned award dated 05.03.2020 passed by
the Motor Accident Claims Tribunal, III Court of Small Causes, Chennai
in M.C.O.P. No.469 of 2017.
2. The second respondent Insurance Company has also filed Cross
Objection Cros. Obj. No. 98 of 2021 challenging the very same award
questioning the quantum of compensation awarded by the Tribunal to the
Appellant in C.M.A. No. 2194 of 2021 who is the claimant in M.C.O.P.
No.469 of 2017.
C.M.A. No. 2194 of 2021 and
Cros. Obj. No. 98 of 2021
3. The Tribunal under the impugned award directed the Insurance
Company to pay the claimant a compensation of Rs. 8,22,530/- together
with interest and costs as detailed hereunder.
Heads Awarded by the
Tribunal in Rs.
Pain and Sufferings 30,000
Transport and Extra Nourishment 20,000
expenses
Towards loss of Earning Capacity 1,80,000
(15000 x 12 x 5 x
20%)
Attender charges 3,000
Medical expenses 5,78,528
Loss of Amenities due to disability 10,000
Damages to Clothes 1,000
Total 8,22,528
Rounded off to 8,22,530
4. The claimant was a building facility manager, aged 66 years at
the time of the accident which happened on 13.10.2016. In the claim
petition, he has pleaded that he was earning Rs.20,000/- per month.
However, the Tribunal under the impugned award fixed the notional
C.M.A. No. 2194 of 2021 and
Cros. Obj. No. 98 of 2021
monthly income of the claimant at Rs.15,000/- as no evidence has been
produced by the claimant to show that he was earning Rs.20,000/- per
month. This Court does not find any infirmity in the assessment of
monthly income of the claimant. Hence, the same is confirmed by this
Court.
5. As a result of an accident caused by a vehicle insured with the
second respondent Insurance Company, the claimant has sustained severe
spinal cord injury resulting in quadriparesis besides multiple injuries all
over his body and due to the spinal cord injury, he has lost the use of his
hands and legs. The nature of injuries sustained by the claimant has not
been disputed by the Insurance Company before the Tribunal. Sufficient
documentary evidence has been produced by the claimant to prove his
injuries before the Tribunal. The medical board which examined the
claimant has assessed his whole body disability at 20% which has been
accepted by the Tribunal under the impugned award. The Tribunal has
adopted the multiplier method after giving due consideration to the
nature of injuries sustained by the claimant and his long period of
hospitalisation as seen from the discharge summaries filed by the
C.M.A. No. 2194 of 2021 and
Cros. Obj. No. 98 of 2021
claimant before the Tribunal which has also not been disputed by the
Insurance Company. As seen from the evidence available on record, the
claimant has also taken continuous treatment eversince the date of the
accident which resulted in the injuries sustained by him. The Tribunal
has also adopted the correct multiplier of 5, since the claimant was aged
66 years at the time of the accident. This court does not find any
infirmity in the findings of the Tribunal. Only after giving due
consideration to the aforementioned factors, the Tribunal has adopted the
multiplier method and has awarded the compensation towards loss of
earning capacity to the claimant at Rs.1,80,000/- (15,000 x 12 x 5 x
20%).
6. The Tribunal has awarded a compensation of Rs.30,000/-
towards pain and suffering to the claimant which in the considered view
of this Court is low. If the nature of injuries sustained by the claimant
was given due consideration, the Tribunal ought to have awarded a
higher compensation towards pain and suffering. After giving due
consideration to the same, this Court enhances the compensation to the
claimant towards pain and suffering to Rs.75,000/- instead of Rs.30,000/-
C.M.A. No. 2194 of 2021 and
Cros. Obj. No. 98 of 2021
erroneously assessed by the Tribunal.
7. The Tribunal has awarded a compensation of Rs.20,000/-
towards transportation and extra nourishment which is also low and in
view of the aforementioned factors, this Court enhances the same to
Rs.50,000/- instead of Rs.20,000/- erroneously fixed by the Tribunal.
8. Similarly, the Tribunal has failed to take note of the grievous
injuries sustained by the claimant and has erroneously awarded a meagre
sum of Rs.3,000/- towards attender charges which has to be necessarily
enhanced. This Court after giving due consideration to the nature of
injuries sustained by the claimant and the long period of hospitalisation
as well as his medical treatment enhances the compensation towards
attender charges to Rs.30,000/- instead of Rs.3,000/- erroneously fixed
by the Tribunal. The Tribunal has awarded a compensation of
Rs.5,78,528/- towards medical expenses which is supported by Ex.P7 -
medical bills and the same is confirmed by this Court.
C.M.A. No. 2194 of 2021 and
Cros. Obj. No. 98 of 2021
9. The Tribunal has awarded a meagre compensation of
Rs.10,000/- towards loss of amenities which has to be necessarily
enhanced. Accordingly, the same is enhanced to Rs.50,000/- by this
Court instead of Rs.10,000/- erroneously fixed by the Tribunal.
10. Insofar as the compensation awarded by the Tribunal towards
damage to clothing at Rs.1,000/- is concerned, the same is confirmed by
this Court as it is a just compensation.
11. However, the Tribunal has erroneously failed to award any
compensation towards loss of income as well as future medical expenses
to the claimant. Having sustained grievous injuries which resulted in him
unable to do his regular employment, the Tribunal ought to have awarded
some amount of compensation towards loss of income during the period
of treatment of the claimant. The Tribunal has fixed the monthly income
of the claimant at Rs.15,000/-. After giving due consideration to the
nature of injuries sustained by the claimant, this court is of the
considered view that at least for a period of six months, the claimant
would have been unable to do his regular employment and therefore, this
C.M.A. No. 2194 of 2021 and
Cros. Obj. No. 98 of 2021
Court awards a compensation of Rs.90,000/- towards loss of income
during the period of claimant's medical treatment calculated at
Rs.15,000/- per month for a period of six months.
12. Before the Tribunal, the claimant has produced evidence to
show that he has been incurring regular medical expenses even after the
date of the accident. This Court is of the considered view that the
Tribunal ought to have awarded some amount of compensation towards
future medical expenses and therefore, this Court awards a compensation
of Rs.50,000/- towards future medical expenses to the claimant.
13. For the foregoing reasons, the compensation awarded by the
Tribunal is enhanced to Rs.11,05,000/- from Rs.8,22,530/- in the
following manner:
Heads Amount Awarded by the Amount awarded by this
Tribunal Court
(Rs.) (Rs.)
Pain and Sufferings 30,000/- 75,000/-
Transport and Extra 20,000/- 50,000/-
Nourishment expenses
Towards loss of Earning 1,80,000/- 1,80,000/-
Capacity (15000 x 12 x 5 x 20%) (15000 x 12 x 5 x 20%)
Attender charges 3,000/- 30,000/-
C.M.A. No. 2194 of 2021 and
Cros. Obj. No. 98 of 2021
Heads Amount Awarded by the Amount awarded by this
Tribunal Court
(Rs.) (Rs.)
Medical expenses 5,78,528/- 5,78,528/-
Loss of Amenities due to 10,000/- 50,000/-
disability
Damages to Clothes 1,000/- 1,000/-
Loss of income (during -- 90,000/-
treatment period) (15000 x 6)
Future medical expenses -- 50,000/-
Total 8,22,528 11,04,528/-
Rounded off to 8,22,530 11,05,000/-
14. However, the learned counsel for the Insurance Company
vehemently opposed the enhancement of compensation which for the
reasons stated above is unacceptable.
15. In view of the reasons stated above and the enhancement of
compensation, there is no merit in the cross objection filed by the
Insurance Company.
16. In the result, the appeal C.M.A.No.2194 of 2021 filed by the
claimant is partly allowed by enhancing the award amount from
Rs.8,22,530/- to Rs.11,05,000/- and the cross objection Cros.No.98 of
C.M.A. No. 2194 of 2021 and
Cros. Obj. No. 98 of 2021
2021 is dismissed.
17. The Insurance Company / second respondent in CMA.No.2194
of 2021 is directed to deposit the enhanced award amount, after
deducting the amount already deposited if any, together with interest
from the date of claim till the date of deposit and costs to the credit of
MCOP.No.469 of 2017 before the Tribunal within a period of four weeks
from the date of receipt of a copy of this judgment. On such deposit
being made, the Tribunal shall transfer the amount lying to the credit of
MCOP.No.469 of 2017 to the bank account of the claimant / Appellant in
CMA.No.2194 of 2021 through RTGS within a period of one week
thereafter. No costs.
01.11.2021
nl
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
C.M.A. No. 2194 of 2021 and
Cros. Obj. No. 98 of 2021
To
1. The Motor Accidents Claims Tribunal,
III Court of Small Causes,
Chennai
2. The Section Officer,
V.R. Section,
High Court, Madras.
C.M.A. No. 2194 of 2021 and
Cros. Obj. No. 98 of 2021
ABDUL QUDDHOSE, J.
nl
C.M.A. No. 2194 of 2021
and
Cros. Obj. No. 98 of 2021
C.M.A. No. 2194 of 2021 and
Cros. Obj. No. 98 of 2021
01.11.2021
