Madras High Court
Raja vs Dharanidaran on 19 November, 2021
CMA No.1383 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
CMA No.1383 of 2020
Raja ... Appellant
Vs
1. Dharanidaran
2. The ICICI Lombard General Insurance Co., Ltd.,
S.F.No.6/5, Block No.7, Ward C,
Swarnambigai Plaza,
Near New Bus Stand, Omalur Road,
Fairlands, Salem. ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the Judgment and Decree in MCOP No.1186of
2016, dated 04.12.2019 on the file of the Motor Accident Claims Tribunal /
Special Subordinate Judge I, Salem.
For Appellant : Mr.T.S.Arthanareeswaran
For Respondents : Ms.P.Shobana, for
Ms.R.Sreevidhya
1/8
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CMA No.1383 of 2020
JUDGMENT
The claimant who had suffered grievous injuries in the motor
accident that occurred on 13.06.2015 and was granted compensation of
Rs.1,64,460/- by the Tribunal as against the claim of Rs.15 lakhs, is on
appeal.
2. As a result of the grievous injuries sustained in the motor
accident, the claimant had suffered permanent disability as assessed by the
Medical Board. It is seen from the records that the claimant sustained
grievous injuries and fractures (Fracture shaft of femur right / 3 and vertical
fracture right patella) with scalp laceration. He has been an impatient for 17
days. The Tribunal has awarded compensation under various heads which are
as follows:
S.No. Headings Amount in Rs.
1 Pain and sufferings 10,000
2 Loss of income 15,000
3 Medical Expenses 83,460
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CMA No.1383 of 2020
S.No. Headings Amount in Rs.
4 Transport Expenses 5,000
5 Extra Nourishment 5,000
6 Expenses for assistants 5,000
7 Damages to cloths 1,000
8 For maintenance 10,000
9 For permanent disability 30,000
Total 1,64,460
3. Mr.T.S.Arthanareeswaran, learned counsel appearing for the
claimant would contend that the compensation awarded under the heads
namely pain and sufferings, loss of income and permanent disability is on the
lower side and it has to be enhanced. He would also point out that the
Tribunal has calculated the monthly income at Rs.7,500/- to award
compensation under the head loss of income which is on lower side. He
would rely upon the Judgement in M.Chinnathambi Vs. S.Deepa & anr.
reported in 2020 (1) TNMAC 617 to contend that this Court had calculated at
Rs.4,000/- per percentage of disability. Hence, the amount awarded under the
head permanent disability need to be enhanced. He would also point out that
since the claimant has admitted as an impatient for 17 days, a sum of
Rs.10,000/- awarded towards pain and sufferings is very less when he
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CMA No.1383 of 2020
sustained grievous fractures in the right patella with scalp laceration. Hence,
the compensation under pain and suffering should be enhanced.
4. Contending contra, Ms.P.Shobana, learned counsel appearing for
the respondent/Insurance Company would point out that there is no serious
disability and therefore the Tribunal was right in granting compensation for
disability on the basis of multiply method.
5. I have considered the rival submissions made by the learned
counsels.
6. Considering the fact that the petitioner was admitted as an
impatient for 17 days, I am of the opinion that the grant of Rs.10,000/- for
pain and sufferings is on lower side. Therefore the compensation on that
account is enhanced to Rs.25,000/-. As far as the compensation under the
head loss of income is concerned, the Tribunal has granted loss of income for
two months. The fracture in the femour bone needs more time to recover. It
would necessarily need more than two months to recover. Therefore, I am of
the opinion that the compensation for loss of income should be awarded for a
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CMA No.1383 of 2020
period of four months instead of two months and the fixation of Rs.7,500 per
months is also on lower side. Therefore, I am of the opinion that the claimant
would be entitled to atleast Rs.40,000/- under the head loss of income for a
period of four months at Rs.10,000/- per month.
7. As already pointed out by the learned counsel that the
compensation for perce ntage of disability has been granted for Rs.4,000/- in
M.Chinnathambi Vs. S.Deepa & anr. case referred supra. Hence, the
compensation awarded under the head permanent disability is enhanced to
Rs.40,000/-.
8. Further, I am of the opinion that the Tribunal would have done
well to award certain amount towards future medical expenses as there are
some implants. Therefore, a sum of Rs.25,000/- is awarded towards future
medical expenses. Accordingly, the total compensation awarded is modified
and enhanced under various heads as follows:
S.No. Headings Amount in Rs.
1 Pain and sufferings 25,000
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CMA No.1383 of 2020
S.No. Headings Amount in Rs.
2 Loss of income 40,000
3 Medical Expenses 83,460
4 Transport Expenses 5,000
5 Extra Nourishment 5,000
6 Expenses for assistants 5,000
7 Damages to cloths 1,000
8 Loss of maintenance in life 10,000
9 For permanent disability 40,000
10 Future Medical expenses 25,000
Total 2,39,460
9. In view of the above, the appeal is partly allowed, the total
compensation granted by the Tribunal is enhanced to Rs.2,39,460/- which is
rounded of to Rs.2,40,000/- (Rupees two lakhs forty thousand only)-. The
Insurance Company is directed to deposit the enhanced compensation with
appropriate interest as granted by the Tribunal to the credit of MCOP
No.1186 of 2016 within a period of 8 weeks from the date of receipt of a
copy of the judgment. No costs.
19.11.2021
Index:Yes / No
Speaking / Non-Speaking order
vum
To
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CMA No.1383 of 2020
1. The Motor Accident Claims Tribunal
/ Special Subordinate Judge, Erode.
R.SUBRAMANIAN, J.
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CMA No.1383 of 2020
vum
CMA No.1383 of 2020
19.11.2021
https://www.mhc.tn.gov.in/judis
