Madras High Court
K.Sekar vs A.Bhaskar on 24 November, 2021
C.M.A.No.886 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.11.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL J.
C.M.A.No.886 of 2018
K.Sekar .. Appellant
Vs.
1.A.Bhaskar
2.The United India Assurance Company Ltd.,
By its Manager,
E 50-A, Pallivasal Street,
Perambalur,
Perambalur District. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1989, against the judgment and decree dated 21.11.2017
made in M.C.O.P.No.297/2016 on the file of Motor Accident Claims Tribunal,
Chief Judicial Magistrate , Perambalur.
For Appellant : Mr.S.Kamadevan
For R1 : No appearance
For R2 : S.Arunkumar
1/10
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C.M.A.No.886 of 2018
JUDGMENT
The matter is heard through “Video Conferencing”.
2. This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 21.11.2017 made in
M.C.O.P.No.297 of 2016 on the file of the Motor Accident Claims Tribunal,
Chief Judicial Magistrate, Perambalur.
3. The appellant is the claimant in M.C.O.P.No.297 of 2016 on the file
of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Perambalur.
He filed the above said claim petition, claiming a sum of Rs.10,00,000/- as
compensation for the injuries sustained by him in the accident that took place
on 10.02.2016.
4.The Tribunal, considering the pleadings and oral and documentary
evidence, held that the accident had occurred due to rash and negligent riding
by the rider of the motorcycle bearing Reg.No.TN 46-J-0567 belonging to the
1st respondent and directed the 2nd respondent-Insurance Company to pay a
sum of Rs.53,872/- as compensation to the appellant/claimant.
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C.M.A.No.886 of 2018
5.Not being satisfied with the amounts awarded by the Tribunal, the
appellant has come up with the present appeal seeking enhancement of
compensation.
6.The learned counsel appearing for the appellant/claimant contended
that, in the accident, the appellant suffered fracture of right knee and multiple
injuries all over the body. The Medical Board, Perambalur District examined
the appellant and certified that appellant suffered 12.5% disability and issued
Disability Certificate Ex.C1 to that effect. But, the Tribunal awarded a meagre
sum of Rs.37,500/- towards disability at the rate of Rs.3,000/- per percentage
of disability. The accident occurred in the year 2016 and the Tribunal ought to
have awarded more amount towards ''disability''. The appellant has taken
treatment at Government Hospital, Perambalur as in-patient for 12 days from
10.02.2016 to 21.02.2016. The Tribunal failed to award any amount towards
''loss of income'' during treatment period. The amounts awarded by the Tribunal
towards the other heads are also meager and the learned counsel prayed for
enhancement of compensation amount.
7.Per contra, the learned counsel appearing for the 2nd
respondent/Insurance Company contended that the Tribunal accepted the
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C.M.A.No.886 of 2018
disability certificate issued by the Medical Board and awarded a sum of
Rs.37,500/- for 12.5% of disability and the same is not meager and it is
justified. The Tribunal, considering the entire materials on record, has awarded
a sum of Rs.53,872/- as compensation to the appellant under different heads
and the same is not meager. The appellant has not made out any case for
enhancement of compensation and he prayed for dismissal of the appeal.
8.Heard the learned counsel appearing for the appellant/claimant 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, he suffered
fracture of right knee and multiple injuries all over the body. The Medical
Board, Perambalur District examined the appellant and certified that he
suffered 12.5% disability. The disability certificate issued by the Medical
Board, Perambalur District was marked as Ex.C1. The Tribunal accepted the
disability certificate issued by the Medical Board and awarded a sum of
Rs.37,500/- for 12.5% of disability at the rate of Rs.3,000/- per percentage of
disability and the same is very low. The accident is of the year 2016 and due to
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C.M.A.No.886 of 2018
rise in the cost of living, a reasonable sum of Rs.4,000/- is hereby awarded per
percentage of disability. Thus, the compensation awarded by the Tribunal
towards ''disability'' is modified to Rs.50,000/- (Rs.4,000/- X 12.5% disability).
10.It is the contention of the appellant/claimant that, at the time of
accident, he was working as a Tailor and earning a sum of Rs.15,000/- per
month. The appellant has taken treatment at Government Hospital,
Perambalur, as an in-patient for 12 days from 10.02.2016 to 21.02.2016. The
Tribunal has not awarded any amount towards ''loss of income'' during the
treatment period. Considering the nature of injuries and period of treatment
underwent by the appellant, a reasonable sum of Rs.5,000/- is granted towards
''loss of income'' during treatment period. The Tribunal awarded a sum of
Rs.5,000/- altogether toward extra nourishment, attender charges and
transportation charges, which is very low. Considering the period of treatment
underwent by the appellant, a reasonable sum of Rs.3,000/- is separately
granted towards attender charges. The Tribunal awarded only a sum of
Rs.10,000/- towards pain and sufferings. Considering the nature of injuries
sustained by the appellant, a reasonable sum of Rs.20,000/- is hereby awarded
towards pain and sufferings. The amounts awarded by the Tribunal towards
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C.M.A.No.886 of 2018
medical expenses, extra nourishment & transportation charges are just and
reasonable and hence, the same are hereby confirmed. Thus, the compensation
awarded by the Tribunal is modified as follows:
S.No Description Amount awarded Amount Award
by Tribunal awarded by confirmed or
(Rs) this Court enhanced or
(Rs) granted or
reduced
1. Permanent 37,500 50,000 Enhanced
disability
2. Extra 5,000 5,000
Nourshiment (Extra
and Noursihment Confirmed
transportation. and
Attender Transportation
charges 3000
(Attendant Granted
Charges)
3. Loss of income - 5,000 Granted
during the
treatment
period
4. Medical 1,372 1,372 Confirmed
expenses
5. Pain and 10,000 20,000 Enhanced
Sufferings
Total Rs.53,872 Rs.84,372/- Enhanced to
Rounded off Rs.30,500/-
Rs.84,400/-
10.In the result, this Civil Miscellaneous Appeal is Partly allowed
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C.M.A.No.886 of 2018
and the compensation awarded by the Tribunal at Rs.53,872/- is hereby
enhanced to Rs.84,372/- is rounded off Rs.84,400/- together with interest at the
rate of 7.5% per annum from the date of petition till the date of deposit. The
respondents are jointly and severally 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.297 of 2016 on the file of
the Motor Accident Claims Tribunal,Chief Judicial Magistrate, Perambalur. 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. The
appellant is directed to pay the necessary Court fee on the enhanced amount of
compensation. No costs.
24.11.2021
Index : Yes / No
Speaking order: Yes/No
vsn
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C.M.A.No.886 of 2018
To
1. The Motor Accident Claims Tribunal
Chief Judicial Magistrate,
Perambalur.
2.The Section Officer
V.R.Section
High Court, Chennai.
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C.M.A.No.886 of 2018
S.KANNAMMAL J.,
vsn
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C.M.A.No.886 of 2018
C.M.A.No.886 of 2018
24.11.2021
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