Madras High Court
S.Jayaraman (Died) vs Saran Raj on 1 October, 2021
C.M.A.No.1077 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.10.2021
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No.1077 of 2016
S.Jayaraman (died)
2.J.Kaliyammal
3.J.Selvaraj
4.J.Tamilselvi ... Appellants
(Appellants 2 to 4 brought on
record as LRS of the deceased
sole Appellant vide order of this
Court dated 29.06.2021 made in
CMP.Nos.8579 to 8581 of 2021)
Vs
1.Saran Raj
2.M.Sathyaraj
3.The United India Insurance Company Limited,
Post Box No.34.C.G.Complex,
No.139-Kumaran Road,
Tirupur – 641 601. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, against the Judgment and Decree dated 06.11.2015 in
MCOP.No.1502 of 2013 on the file of the Motor Accident Claims Tribunal,
Chief Judicial Magistrate at Tirupur.
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C.M.A.No.1077 of 2016
For Appellants : Mr.K.Myilsamy
For respondents 3 : Ms.I.Malar
JUDGMENT
This appeal was originally filed by the claimant/first Appellant
seeking enhancement of compensation under the impugned award dated
06.11.2015 passed by the Motor Accident Claims Tribunal (Chief Judicial
Magistrate, Tirupur) in MCOP.No.1502 of 2013. During the pendency of
this appeal, the Appellant/claimant died and his legal representatives were
brought on record as Appellants 2 to 4 by this Court.
2. The Tribunal under the impugned award directed the third
respondent Insurance Company to pay the first Appellant/claimant a
compensation of Rs.1,76,030/- for the injuries sustained by him on
15.09.2013 as a result of an accident caused by a vehicle owned by the
second respondent and insured with the third respondent. The details of the
compensation awarded by the Tribunal are as follows:
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C.M.A.No.1077 of 2016
Heads Award Amount
(Rs.)
Medical expenses 32,030/-
Transportation, Extra 15,000/-
nourishment & attender
charges
Loss of income 24,000/-
Disability 90,000/-
(45 x 2000)
Pain and suffering & loss of 15,000/-
amenities
Total 1,76,030/-
3. The deceased claimant S.Jayaraman sustained head injury, fracture
in neck and femur, fracture in calcaneum, fracture at left hip and multiple
grievous injuries all over the body as a result of the aforementioned
accident. The nature of injuries sustained by the claimant has not been
disputed by the respondents before the Tribunal. The Doctor has assessed
the disability of the claimant at 45% and the Tribunal has also accepted the
said assessment made by the Doctor. However, the Tribunal has awarded
the disability compensation of Rs.90,000/- calculated at Rs.2,000/- per
percentage of disability for the 45% disability. This Court is of the
considered view that if the Tribunal had taken into consideration the year of
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C.M.A.No.1077 of 2016
the accident which happened in the year 2013, it ought to have fixed the
disability compensation at a higher sum calculated at Rs.3,000/- per
percentage of disability instead of Rs.2,000/- per percentage of disability.
Therefore, this court enhances the disability compensation for the claimant
to Rs.1,35,000/- calculated at Rs.3,000/- per percentage of disability for the
45% disability suffered by the claimant instead of Rs.90,000/- erroneously
fixed by the Tribunal.
4. The Tribunal has awarded a compensation of Rs.15,000/- towards
transportation, extra nourishment and attender charges which in the
considered view of this Court is not a correct assessment as the injuries
sustained by the claimant is grievous in nature and hence, this court
confirms the said compensation of Rs.15,000/- only in respect of
transportation and extra nourishment and separately awards a compensation
of Rs.10,000/- towards attender charges.
5. In the claim petition, the claimant had claimed that he was a
welder, aged 48 years and earning Rs.10,000/- per month at the time of the
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C.M.A.No.1077 of 2016
accident. However, the Tribunal has fixed the notional monthly income of
the claimant at Rs.6,000/-. This Court after giving due consideration to the
avocation of the claimant as well as the year of the accident which happened
in the year 2013, is of the considered view that the notional monthly income
of the claimant fixed by the Tribunal at Rs.6,000/- is low and it has to be
enhanced to Rs.9,000/-. Accordingly, this court enhances the notional
monthly income of the claimant to Rs.9,000/-. However, the assessment of
loss of income for the period of four months by the Tribunal is a correct
assessment. Since the notional monthly income of the claimant is enhanced
to Rs.9,000/-, the loss of income to the claimant is enhanced to Rs.36,000/-
calculated at Rs.9,000/- per month for a period of four months instead of
Rs.24,000/- calculated at Rs.6,000/- per month for a period of four months
erroneously fixed by the Tribunal.
6. The Tribunal has also awarded Rs.15,000/- towards pain and
suffering and loss of amenities which in the considered view of this court is
low and it has to be enhanced. After giving due consideration to the nature
of injuries sustained by the claimant as well as the period of hospitalisation
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C.M.A.No.1077 of 2016
which was for seven days, this Court enhances the compensation towards
pain and suffering and loss of amenities to Rs.20,000/- instead of
Rs.15,000/- erroneously assessed by the Tribunal.
7. The Tribunal has awarded a compensation of Rs.32,030/- towards
medical expenses which is supported by the medical bills produced by the
claimant and marked as Ex.A4 before the Tribunal. Accordingly, the same is
confirmed by this court.
8. The Tribunal has granted pay and recovery rights to the third
respondent Insurance company as the driver of the insured vehicle did not
possess a driving licence and the insured vehicle did not have effective
insurance policy at the time of the accident. This Court does not find any
infirmity in the findings given by the Tribunal and confirms the pay and
recovery rights granted to the third respondent Insurance company.
9. For the foregoing reasons, the compensation awarded by the
Tribunal is enhanced to Rs.2,48,030/- from Rs.1,76,030/- in the following
manner:
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C.M.A.No.1077 of 2016
Heads Amount awarded Amount awarded by
by the Tribunal this Court
(Rs.) (Rs.)
Medical expenses 32,030/- 32,030/-
Transportation, Extra 15,000/-
nourishment 15,000/- 10,000/-
Attender charges
Loss of income 24,000/- 36,000/-
Disability 90,000/- 1,35,000/-
(45 x 2000) (45 x 3000)
Pain and suffering & 15,000/- 20,000/-
loss of amenities
Total 1,76,030/- 2,48,030/-
10. In the result, this civil miscellaneous appeal is partly allowed by
enhancing the award amount from Rs.1,76,030/- to Rs.2,48,030/-. The third
respondent Insurance Company is directed to deposit the amount awarded
by this Court, after deducting the amount already deposited if any, together
with interest from the date of claim till the date of deposit to the credit of
MCOP.No1502 of 2013 and costs within a period of four weeks from the
date of receipt of a copy of this judgment and recover the same from the
owner of the vehicle/second respondent. On such deposit being made, the
Tribunal shall transfer the respective share of award amount lying to the
credit of MCOP.No.1502 of 2013 to the bank account of the Appellants 2 to
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C.M.A.No.1077 of 2016
4 through RTGS within a period of one week thereafter. No costs.
01.10.2021
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Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
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C.M.A.No.1077 of 2016
To
1. The Chief Judicial Magistrate at Tirupur
2.The Section Officer, V.R.Section, High Court of Madras.
ABDUL QUDDHOSE, J.
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C.M.A.No.1077 of 2016
C.M.A.No.1077 of 2016
01.10.2021
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