Madras High Court

P.Murugesan vs G.Balaguru on 6 October, 2021

                                                                                C.M.A.No.1698 of 2016

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 06.10.2021
                                                         CORAM
                             THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
                                                 C.M.A.No.1698 of 2016
                                                          and
                                                 Cros.Obj.No.18 of 2017
                  P.Murugesan                                                ... Appellant
                                                             ..Vs..

                  1.G.Balaguru
                    (set ex parte in the Trial Court)

                  2.The New India Assurance Co. Ltd.,
                    Motor Third Party Claims HUB,
                    Bombay Mutual Buildings, 6th Floor,
                    No.232, N.S.C. Bose Road,
                    Chennai – 600 001.                                       ... Respondents

                  Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                  Vehicles Act, 1988, against the Judgment and decree dated 05.11.2015 made
                  in MACT.O.P.No.212 of 2014 on the file of the Motor Accidents Claims
                  Tribunal, II Court of Small Causes, Chennai.

                                     For Appellant           : Ms.P.T.Salim Fathima

                                     For Respondent 2        : Mr.D.Nadhamuni
                                     Respondent-1            : Ex parte


                                                     JUDGMENT

This Civil Miscellaneous Appeal has been filed by the claimant

seeking enhancement of compensation under the impugned award dated

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1698 of 2016

05.11.2015 passed by the Motor Accident Claims Tribunal (II Court of Small

Causes, Chennai) in M.C.O.P.No.212 of 2014.

2. Heard Ms.P.T.Salim Fathima, learned counsel for the

Appellant/claimant and Mr.D.Nadhamuni, learned counsel for the second

respondent/ Insurance Company. The first respondent has remained ex parte

both before the Tribunal as well as this Court.

3. The Appellant/claimant unsatisfied with the quantum of

compensation awarded by the Tribunal has preferred this Appeal seeking for

enhancement.

4. The details of the compensation awarded by the Tribunal to the

Appellant/claimant are as follows:

                                           Heads                 Award Amount
                                                                     (Rs.)
                            Transportation, nourishing food                  50,000/-
                            and miscellaneous expenditure
                            Medical Expenses                             1,11,586/-
                            Attender Charges                                 23,000/-
                            Disability                                   1,20,000/-
                            Loss of Future Earning Capacity              6,24,000/-



https://www.mhc.tn.gov.in/judis/
                                                                                           C.M.A.No.1698 of 2016


                                           Heads                 Award Amount
                                                                     (Rs.)
                            Loss of earning during the period                20,000/-
                            of treatment
                            Damages for pain, suffering and                 1,00,000/-
                            trauma
                            Loss of amenities                                50,000/-
                            Total                                       10,98,586/-
                                                                     rounded off to
                                                                     Rs.10,98,600/-

5. The appellant/claimant in his claim petition has pleaded that he was

the Supervisor and was earning a sum of Rs.12,000/- per month at the time

of the accident which happened on 14.12.2013. The cause of the accident has

not been disputed by the respondents. The only question that arises for

consideration in this appeal is whether the appellant/claimant is entitled for

enhancement of compensation or not.

6. Since no documentary evidence was produced by the

appellant/claimant in support of his monthly income, the Tribunal has fixed

the notional monthly income of the appellant/claimant at Rs.10,000/-. The

accident happened in the year, 2013. This Court is of the considered view

that since the appellant/claimant claims to be a Supervisor, the monthly

income fixed by the Tribunal at Rs.10,000/- is low and it has to be enhanced

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to Rs.11,000/-. The Doctor has assessed the disability of the

appellant/claimant at 40% and the Tribunal has accepted the said assessment

under the impugned award.

7. This Court on 13.09.2021, had directed the learned counsel for the

appellant to produce the appellant before this Court for personal

examination. As directed by this Court, the appellant is personally present

before this Court today. On the last hearing date, i.e. on 13.09.2021, the

learned counsel for the appellant has produced the latest photographs of the

appellant/claimant with regard to the injury. When this Court personally saw

the appellant/claimant today, the injury shown in the photographs matches

with the injury of the appellant/claimant as noticed by this Court today. The

appellant/claimant is unable to walk without limping as noticed by this

Court. This Court is of the considered view that the Tribunal ought to have

given due consideration to the grievous injuries sustained by the

appellant/claimant in his ankle, which is a permanent disability and ought to

have awarded Loss of Future Prospects. Since the Tribunal has not awarded

Loss of Future Prospects to the appellant/claimant, this Court awards Loss of

Future Prospects at 25%, as the appellant/claimant was aged at 46 years at

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the time of the accident. Since the notional monthly income of the

appellant/claimant is enhanced to Rs.11,000/- by this Court instead of

Rs.10,000/- erroneously fixed by the Tribunal, compensation payable to the

appellant/claimant towards Loss of Future Earning Capacity is re-assessed by

this Court at Rs.8,58,000/- as detailed hereunder instead of Rs.6,24,000/-

erroneously fixed by the Tribunal.

Rs.11,000/- + 25% Future Prospects x 12 months x proper multiplier of 13 x 40% Disability 11,000 + 2,750 x 12 x 13 x 40 / 100 = Rs.8,58,000/-

8. However, this Court is of the considered view that the Tribunal has

erroneously awarded disability compensation separately to the

appellant/claimant at Rs.1,20,000/- which will amount to duplication and the

said compensation, the Insurance Company is not liable to pay. Therefore the

disability compensation awarded by the Tribunal at Rs.1,20,000/- under the

impugned award is hereby set aside by this Court.

9. Insofar as the compensation awarded by the Tribunal under various

other heads, namely, Transportation, Extra nourishment and miscellaneous

expenditure, Medical expenses, Attender charges, Loss of earning during the

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1698 of 2016

period of treatment, Damages for pain, suffering and Trauma and Loss of

amenities are concerned, this Court is of the considered view that the

compensation awarded by the Tribunal cannot be considered to be

inadequate as alleged by the appellant/claimant and therefore, the same is

confirmed.

10. For the forgoing reasons, the compensation awarded by the

Tribunal under the impugned award is enhanced from Rs.10,98,586/- to

Rs.12,12,586/- as detailed hereunder:

Heads Amount awarded Amount awarded by by the Tribunal this Court (Rs.) (Rs.) Transportation, nourishing food and 50,000/- 50,000/- miscellaneous expenditure Medical Expenses 1,11,586/- 1,11,586/-

                       Attender charges                                23,000/-                 23,000/-
                       Disability                                    1,20,000/-                   -
                       Loss of Future Earning Capacity               6,24,000/-            8,58,000/-
                       Loss of earning during the period of            20,000/-                 20,000/-
                       treatment
                       Damages for pain, suffering and               1,00,000/-            1,00,000/-
                       trauma
                       Loss of amenities                               50,000/-                 50,000/-
                       Total                                        10,98,586/-           12,12,586/-




https://www.mhc.tn.gov.in/judis/
                                                                                C.M.A.No.1698 of 2016

                  Conclusion:

11. In the result, this appeal shall stands partly allowed. The Second

Respondent Insurance Company is directed to deposit the amount awarded

by this Court i.e. Rs.12,12,586/- (Rupees Twelve lakhs Twelve thousand

Five hundred and Eight Six only) together with interest at the rate of 7.5%

per annum from the date of claim till the date of deposit and costs after

deducting the amount already deposited to the credit of M.C.O.P.No.212 of

2014 within a period of four weeks from the date of receipt of a copy of this

Judgment. On such deposit being made, the Tribunal is directed to transfer

the amount lying to the credit of M.C.O.P.No.212 of 2014 to the bank

account of the Appellant/claimant through RTGS within a period of one

week thereafter. The requisite Court fee, if any has to be paid by the

Appellant before receiving the copy of this Judgment.