Madras High Court
Gowtham vs The Chairman on 7 October, 2021
C.M.A.No.2191 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A. No. 2191 of 2021
Gowtham
... Appellant
Vs
1. The Chairman,
Acharya Polytechnic College,
Poolampatti,
Salem - 637 101.
2. National Insurance Company Limited,
Policy Issuing Office at Salem Branch-3,
Divisional Office I,
LRN Complex,
Saradha College Road,
Salem 636 007. ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the Judgment and Award passed M.C.O.P.No.40
of 2019 on the file of Motor Accidents Claims Tribunal, Principal District
Judge, Salem, dated 14.07.2020.
1/9
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C.M.A.No.2191 of 2021
For Appellants : M/s. J.Prithivi
For Respondent 1 : Served, No Appearance
For Respondent 2 : Mr. D.Baskaran
JUDGMENT
This appeal has been filed by the claimant, seeking
enhancement of compensation, under the impugned award dated 14.07.2020
passed by the Motor Accidents Claims Tribunal, Principal District Judge,
Salem in the M.C.O.P.No. 40 of 2019.
2. The appellant/claimant, unsatisfied with the quantum of
compensation awarded by the Tribunal, has preferred this appeal. The
details of compensation awarded by the Tribunal to the appellant/claimant
are as follows:
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C.M.A.No.2191 of 2021
Heads Amount awarded
by the Tribunal
(Rs.)
Disability 25%(Rs.3000/- per percentage) 75,000/-
Loss of earning 35,000/-
Pain and Sufferings 25,000/-
Attender Charges 10,000/-
Transportation 10,000/-
Extra Nourishment 10,000/-
Loss of amenities 15,000/-
Medical Expenses 2,15,366/-
Total Compensation 3,95,366/-
3. The appellant/claimant sustained fracture on his left leg, and
fracture of right mandible, as a result of an accident caused by a vehicle,
owned by the first respondent on 20.11.2017 and insured with the second
respondent. The cause of the accident has not been disputed by the
respondents. The only issue that arises for consideration in this appeal is as
to whether the appellant/claimant is entitled for enhancement of
compensation.
4. The Medical Board has assessed the disability at 25% and
the Tribunal has awarded a compensation of Rs.75,000/- (Rupees Seventy
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C.M.A.No.2191 of 2021
Five Thousand only) calculated at Rs.3,000/- (Rupees Three Thousand only)
per percentage disability for the 25% disability.
5. The accident happened in the year 2017. This Court is of the
considered view that the Tribunal has not given due consideration to the
nature of injuries sustained by the appellant/claimant as well as the year of
the accident before assessing the disability compensation. This Court, after
giving due consideration to the nature of injuries sustained by the
appellant/claimant as well as the year of the accident, is of the considered
view that the disability compensation will have to be assessed at Rs.5,000/-
(Rupees Five Thousand only) per percentage of disability instead of
Rs.3,000/- erroneously fixed by the Tribunal.
6. However, this Court confirms the assessment of disability by
the Tribunal at 25% as the same has been assessed only based upon the
Medical Board's report. Accordingly, this Court enhances the disability
compensation at Rs.1,25,000/- (Rupees One Lakh Twenty Five Thousand
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C.M.A.No.2191 of 2021
only) calculated at Rs.5,000/- (Rupees Five Thousand only) per percentage
of disability for the 25% disability, instead of Rs.75,000/- (Rupees Seventy
Five Thousand only), erroneously fixed by the Tribunal.
7. The appellant/claimant was a painter, aged at 19 years at the
time of the accident and was an ITI diploma holder, as seen from the claim
petition filed before the Tribunal. In the claim petition, the
appellant/claimant has pleaded that he was earning a sum of Rs.10,000/-
(Rupees Ten Thousand only) per month. However, no documentary
evidence has been produced by him before the Tribunal to prove his
monthly income. The Tribunal has fixed the notional monthly income at
Rs.7,000/- (Rupees Seven Thousand only), which this Court is of the
considered view is low. If the Tribunal, had taken into consideration the
year of the accident, it ought to have fixed the notional monthly income of
the claimant on a higher side. After giving due consideration to the
avocation of the appellant/claimant as well as the year of the accident, this
Court enhances the notional monthly income of the appellant/claimant to
Rs.9,000/- (Rupees Nine Thousand only).
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C.M.A.No.2191 of 2021
8. However, this Court is of the considered view that the
Tribunal has rightly awarded the loss of income to the appellant/claimant for
a period of five months after giving due consideration to the nature of
injuries sustained by the appellant/claimant. Since, the notional monthly
income of the appellant/claimant is enhanced to Rs.9,000/- (Rupees Nine
Thousand only), the loss of income of the appellant/claimant is reassessed
by this Court at Rs.45,000/- (Rupees Forty Five Thousand only), calculated
at Rs.9,000/- per month for a period of five months.
9. Insofar as the compensation awarded by the Tribunal
towards other heads, referred to supra, are concerned, this Court does not
find any infirmity in the assessment made by the Tribunal under those
heads.
10. For the forgoing reasons, the compensation awarded by the
Tribunal is enhanced from Rs.3,95,366/- (Rupees Three Lakhs Ninety Five
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C.M.A.No.2191 of 2021
Thousand Three Hundred and Sixty Six only) to Rs.4,55,366/- (Rupees Four
Lakhs Fifty Five Thousand Three Hundred and Sixty Six only) by this
Court as detailed hereunder:
Heads Amount Amount Award confirmed
awarded by the awarded by or enhanced or
Tribunal this Court granted
(Rs.) (Rs.)
Disability 25% (Rs.3000/- 75,000/- 1,25,000/ Enhanced
per percentage)
Loss of earning 35,000/- 45,000/- Enhanced
Pain and Sufferings 25,000/- 25,000/- Confirmed
Attender Charges 10,000/- 10,000/- Confirmed
Transportation 10,000/- 10,000/- Confirmed
Extra Nourishment 10,000/- 10,000/- Confirmed
Loss of amenities 15,000/- 15,000/- Confirmed
Medical Expenses 2,15,366/- 2,15,366/- Confirmed
Total Compensation 3,95,366/- 4,55,366/- Enhanced
11. Accordingly, the civil miscellaneous appeal is partly
allowed by enhancing the award amount from Rs.3,95,366/- (Rupees Three
Lakhs Ninety Five Thousand Three Hundred and Sixty Six only) to
Rs.4,55,366/- (Rupees Four Lakhs Fifty Five Thousand Three Hundred and
Sixty Six only).
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C.M.A.No.2191 of 2021
12. The second respondent Insurance Company is directed to
deposit the compensation amount of Rs.4,55,366/- (Rupees Four Lakhs
Fifty Five Thousand Three Hundred and Sixty Six only), awarded by this
Court, after deducting the amount already deposited if any, together with
interest at the rate of 7.5% per annum from the date of claim till the date of
deposit and costs, to the credit of M.C.O.P.No.40 of 2019 within a period of
four weeks from the date of receipt of a copy of this Judgment. On such
deposit being made, the Tribunal shall transfer the amount lying to the credit
of MCOP.No.40 of 2019 to the bank account of the claimant through RTGS
within a period of one week thereafter.
No costs.
07.10.2021
Index:Yes/No
Speaking Order: Yes/No
rgi
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C.M.A.No.2191 of 2021
ABDUL QUDDHOSE.,J
rgi
To
1. Motor Accidents Claims Tribunal,
Principal District Judge, Salem
2. The Section Officer,
V.R.Section, High Court, Madras - 104.
C.M.A. No. 2191 of 2021
07.10.2021
https://www.mhc.tn.gov.in/judis/
