Madras High Court
T.Kalaiselvi vs Muthukathan on 6 October, 2021
C.M.A.No.1354 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.10.2021
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.1354 of 2020
T.Kalaiselvi ... Appellant
Vs.
1.Muthukathan
2.The Oriental Insurance Company Limited,
TP HUB,
Parimalam Complex,
Mettur Road,
Opp. to Bus Stand,
Erode. ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Award passed in
M.C.O.P.No.1713 of 2018 on the file of the Motor Accident Claims
Tribunal, Special Sub Judge No.II, Salem dated 25.02.2020.
For Appellant : Mr.J.Prithivi
For Respondent 2 : Mr.J.Chandran
Respondent-1 : Served – No appearance
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the claimant
seeking enhancement of compensation under the impugned award
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C.M.A.No.1354 of 2020
dated 02.08.2013 passed by the Motor Accident Claims Tribunal
(Special Sub Court No.II, Salem) in M.C.O.P.No.1713 of 2018.
2. Heard Mr.J.Prithivi, learned counsel for the
Appellant/claimant and Mr.J.Chandran, learned counsel for the second
respondent/ Insurance Company.
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.)
Permanent Disability 1,35,000/-
Pain and Sufferings 50,000/-
Loss of Amenities 50,000/-
Medical Expenses 6,29,283/-
Future Medical Expenses 75,000/-
Loss of Earning during 90,000/-
Treatment
Transport Expenses 25,000/-
Nutrition 50,000/-
Attender Charges 25,000/-
Damages to cloth 1,000/-
Total 11,30,283/-
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C.M.A.No.1354 of 2020
5. The appellant/claimant sustained the following injuries on
07.08.2018 as a result of an accident caused by a vehicle owned by the
first respondent and insured with the second respondent. The cause of
the accident has not been disputed by the respondents as seen from
the impugned award. The only question that arises for consideration is
whether the appellant/claimant is entitled for enhancement of
compensation or not. The appellant/claimant sustained the following
injuries: (1) Severe degloving injury left leg/calf/foot with fracture left
fibula neck; (2) Degloving injury left leg/calf and foot; and (3) Post
traumatic raw area left leg/circumferential aspect.
6. The nature of injuries sustained by the appellant/claimant
has not been disputed by the respondents before the Tribunal. The
Doctor has assessed the disability at 45% and the Tribunal has
accepted the same and assessed the appellant/claimant's disability at
45%. The Tribunal awarded disability compensation of Rs.1,35,000/-
calculated at Rs.3,000/- per percentage of disability for the 45%
disability. Admittedly, the appellant/claimant was hospitalised for a
period of 45 days. The discharge summary also marked as Exhibit
before the Tribunal and the respondents have also not disputed the
same. The nature of injuries sustained by the appellant/claimant are
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C.M.A.No.1354 of 2020
grievous in nature and certainly he would have lost his earning
capacity. However, the Tribunal has erroneously awarded disability
compensation of Rs.1,35,000/- instead of assessing the compensation
towards Loss of Earning Capacity by adopting the multiplier method.
This Court after giving due consideration to the nature of injuries
sustained by the appellant/claimant and the long period of her
hospitalisation, is of the considered view that multiplier method will
have to be adopted for the purpose of assessing compensation towards
Loss of Earning Capacity of the appellant/claimant. Since the disability
assessed by the Doctor before the Tribunal was not for the whole body,
this Court assess the whole body disability based on the disability
certificate issued by the Doctor at 15% i.e. 1/3rd of 45%. Accordingly,
disability is fixed by this Court at 15% for the purpose of assessing the
Loss of Earning Capacity to the appellant/claimant. The Tribunal has
fixed the national monthly income of the appellant/claimant at
Rs.7,500/- for an accident that happened in the year, 2019. Since no
documentary evidence was produced by the appellant/claimant in
support of her monthly income, the assessment made by the Tribunal
at Rs.7,500/- is a correct assessment. Accordingly, this Court awards
compensation at Rs.2,29,500/- towards Loss of Income to the
appellant/claimant as detailed hereunder:
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C.M.A.No.1354 of 2020
Rs.7,500/- x 12 months x proper multiplier of 17 x 15% Disability
7,500 x 12 x 17 x 15 / 100 = Rs.2,29,500/-
7. However, there cannot be separate compensation payable
to the appellant/claimant towards disability at Rs.1,35,000/- which will
amount to duplication. Accordingly, the disability compensation
awarded by the Tribunal under the impugned award at Rs.1,35,000/- is
hereby set aside by this Court. Instead as stated supra, this Court
awards a compensation of Rs.2,29,500/- towards Loss of Earning
Capacity to the appellant/claimant.
8. The Tribunal has awarded lesser compensation towards
Pain and sufferings, Loss of Amenities and Future Medical expenses
without giving due consideration to the nature of injuries sustained by
the appellant/claimant and the long period of her hospitalisation as per
her future medical expenses. This Court is of the considered view that
the compensation awarded by the Tribunal towards aforementioned
heads will have to be enhanced. Accordingly, this Court enhances the
compensation towards Pain and Suffering from Rs.50,000/- to
Rs.1,00,000/-, towards Loss of Amenities from Rs.50,000/- to
Rs.1,00,000/- and towards Future Medical Expenses from Rs.75,000/-
to Rs.85,000/-. Insofar as the compensation awarded by the Tribunal
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C.M.A.No.1354 of 2020
towards Medical Expenses which are supported by medical bills,
towards Loss of Earning during Treatment at Rs.90,000/-, towards
Transport Expenses at Rs.25,000/-, towards Nutrition at Rs.50,000/-,
towards Attender charges at Rs.25,000/- and Damages to cloth at
Rs.1,000/- are concerned, the same cannot be considered to be
inadequate as alleged by the appellant/claimant. Accordingly, the same
are confirmed by this Court.
9. For the forgoing reasons, the compensation awarded by the
Tribunal under the impugned award is enhanced from Rs.11,30,283/-
to Rs.13,34,783/- as detailed hereunder:
Heads Amount Amount
awarded by awarded by
the Tribunal this Court
(Rs.) (Rs.)
Disability 1,35,000/- -
Pain and Sufferings 50,000/- 1,00,000/-
Loss of Amenities 50,000/- 1,00,000/-
Medical Expenses 6,29,283/- 6,29,283/-
Future Medical Expenses 75,000/- 85,000/-
Loss of Earning during 90,000/- 90,000/-
Treatment
Transport Expenses 25,000/- 25,000/-
Nutrition 50,000/- 50,000/-
Attender Charges 25,000/- 25,000/-
Damages to cloth 1,000/- 1,000/-
Loss of Earning Capacity - 2,29,500/-
Total 11,30,283/- 13,34,783/-
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C.M.A.No.1354 of 2020
Conclusion:
10. 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.13,34,783/- (Rupees Thirteen
lakhs Thirty Four thousand Seven hundred and Eighty Three 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.1713 of 2018 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.1713 of 2018 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. No
costs.
06.10.2021
Index : Yes/No
Internet:Yes/No
Speaking/Non-speaking order
rsi
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1354 of 2020
ABDUL QUDDHOSE, J.
rsi
To
1.The Special Sub Judge No.II,
Salem
2.The Section Officer
V.R.Section, High Court of Madras.
C.M.A.No.1354 of 2020
06.10.2021
https://www.mhc.tn.gov.in/judis/
