Madras High Court
Chandran vs Nesamani on 26 November, 2021
CMA No.1935 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.M.A.No.1935 of 2020
Chandran ... Appellant
Vs
1.Nesamani
2.Reliance General Insurance Co., Ltd.,
3rd Floor, 408, Perundurai Road,
Erode – 638 011. ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the Judgment and Decree in MCOP No.441 of
2015, dated 12.03.2020 on the file of the Motor Accident Claims Tribunal /
Subordinate Court, Sankari.
For Appellant : Mr.T.S.Arthanareeswaran
For Respondents : Mrs.C.Bhuvanasundari for R2
1/8
https://www.mhc.tn.gov.in/judis
CMA No.1935 of 2020
JUDGMENT
The claimant who was favoured with an award of Rs.1,50,000/-
for the injuries suffered by him, in the road accident that occurred on
08.06.2015 is on appeal, terming the compensation as meager.
2. According to the claimant, the accident occurred due to the
negligence of the driver of the offending vehicle bearing Reg.No.TN-28-AI-
0069, who came and dashed against the claimant when he was walking
along road. As a result of the accident, the claimant suffered a fracture in the
right ankle and contusion in right leg below the knee. He was operated upon
for the fracture and he was admitted as inpatient for nearly 15 days between
8.6.2015 and 23.6.2015. It is also claimed that ORIF plates were fixed and
he has difficulty in squatting and sitting cross legged. The claimant was
referred to medical board and the medical board opined that due to the
accident the claimant has suffered 15% permanent disability.
3. The Tribunal upon examination of evidence on record awarded
the following amounts as compensation under various heads:
https://www.mhc.tn.gov.in/judis
CMA No.1935 of 2020
Heads Award
Amount
For Permanent disability (at Rs.45,000/-
Rs.3,000/- per percentage)
Medical Expenses (supported by bills) Rs.75,000/-
Transportation Rs.10,000/-
Extra nourishment Rs.20,000/-
Damages to clothing Rs.5,000/-
Total Rs.1,55,000/-
4. Mr.T.S.Arthanareeswaran, learned counsel appearing for the
appellant would vehemently contend that the compensation awarded is on
the lower side. He would point out that the accident having taken place in
the year 2016, the Tribunal should have awarded atleast Rs.5,000/- per
percentage of disability following the judgment of M.Chinnathambi Vs.
S.Deepa & anr. reported in 2020 (1) TNMAC 617. He would also point out
that the Tribunal has not awarded any amount towards future medical
expenses and pain and suffering.
5. Contending contra Mrs.C.Bhuvanasundari, learned counsel
appearing for the Insurance Company would submit that considering the age
https://www.mhc.tn.gov.in/judis
CMA No.1935 of 2020
of the claimant, the nature of the injuries suffered the award is reasonable
and does not require any enhancement.
6. I have considered the rival submissions. The Tribunal has
awarded Rs.3,000/- per percentage of disability. In M.Chinnathambi Vs.
S.Deepa & anr. reported in 2020 (1) TNMAC 617, this court had awarded
Rs.5,000/- per percentage of disability. Therefore, the award of Rs.45,000/-
for the disability is enhanced to Rs.75,000/-.
7. It is seen from the award of the Tribunal that no amount has
been granted towards pain and sufferings. The claimant was admitted as
inpatient for atleast 15 days between 8.6.2015 and 28.6.2015 and he had
undergone surgeries and implants were also made. Medical board opined
that he has difficulty in sitting cross legged and squatting. In the light of the
evidence, I am of the opinion that award of Rs.25,000/- towards pain and
suffering would be just and reasonable.
https://www.mhc.tn.gov.in/judis
CMA No.1935 of 2020
8. The Tribunal has not awarded any amount for loss of income
during the period of treatment and immediately thereafter. The Tribunal has
assessed income at Rs.7,000/- per month. I am of the opinion that the
claimant would have been incapacitated for atleast a period of 2 months.
Therefore, a sum of Rs.14,000/- is awarded towards loss of income during
the period of treatment and recovery.
9. The Tribunal has not awarded any amount towards future
medical expenses. I find that from the discharge summary as well as report
of the medical board, certain implants have been made, therefore, award of a
sum of Rs.15,000/- towards future medical expenses would be just and
reasonable.
https://www.mhc.tn.gov.in/judis
CMA No.1935 of 2020
10. Thus, the award of the Tribunal is modified as follows:-
Heads Compensation Compensation
awarded by the Enhanced/
Tribunal awarded by
this Court
Permanent disability Rs.45,000/- Rs.75,000/-
Medical Expenses (supported by bills) Rs.75,000/- Rs.75,000/-
Transportation Rs.10,000/- Rs.10,000/-
Extra nourishment Rs.20,000/- Rs.20,000/-
Damages to clothing Rs.5,000/- Rs.5,000/-
Loss of income -- Rs.14,000/-
Pain and sufferings -- Rs.25,000/-
Future medical expenses -- Rs.15,000/-
Total Rs.1,55,000/- Rs.2,39,000/-
The total Rs.2,39,000/-, which is rounded off to Rs.2,40,000/-
11. Accordingly, this Civil Miscellaneous Appeal is partly
allowed. The compensation granted by the Tribunal is enhanced to
Rs.2,40,000/-. The Insurance Company is directed to deposit the enhanced
compensation with appropriate interest as granted by the Tribunal to the
credit of MCOP No.441 of 2015 within a period of 8 weeks from the date of
receipt of a copy of the judgment. No costs. The claimant is entitled to
https://www.mhc.tn.gov.in/judis
CMA No.1935 of 2020
withdraw the entire amount. The Tribunal has awarded pay and recovery
the same would apply to the enhanced award amount also.
26.11.2021
Index: No
Internet : Yes
Speaking order
dsa
To
The Motor Accident Claims Tribunal
Subordinate Judge, Sankari.
https://www.mhc.tn.gov.in/judis
CMA No.1935 of 2020
R.SUBRAMANIAN, J.
dsa
CMA No.1935 of 2020
26.11.2021
https://www.mhc.tn.gov.in/judis
