Madras High Court

R.Perumal vs Tvs Communication Solution ... on 8 October, 2021

                                                                                C.M.A.No.2613 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 08.10.2021

                                                         CORAM:

                               THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                                 C.M.A.No.2613 of 2021

                  R.Perumal                                                  .. Appellant
                                                            Vs.

                  1. TVS Communication Solution Limited,
                     Peramanur Village, M.M.Nagar,
                     Chengelpet, Kancheepuram District - 603 209.

                  2. Saveetha Institute of Medical and Technical Sciences,
                     Saveetha Nagar, Thandalam,
                     Sriperumbedur Taluk,
                     Kancheepuram District - 631 501.

                  3. United India Insurance Company Limited,
                     Motor Third Party Claims Hub,
                     Silingi Building, 4th Floor,
                     No.132, Greams Road,
                     Chennai - 600 008.                                      .. Respondents
                  Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                  Vehicles Act, 1988 seeking to set aside the judgement and decree dated
                  08.02.2021, made in M.C.O.P.No.7090 of 2017, on the file of the Motor
                  Accidents Claims Tribunal, III Court of Small Causes, Chennai.


                                     For Appellant          : Mr.Amar Dineshbhai Pandiya

                                     For Respondent 3       : Mr.R.Rajesh
                                                          -----
https://www.mhc.tn.gov.in/judis/
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                                                                               C.M.A.No.2613 of 2021

                                                    JUDGMENT

(The case has been heard through video conference)

This appeal has been filed by the claimant seeking enhancement of

compensation under the impugned Award dated 08.02.2021, passed by the

Motor Accidents Claims Tribunal, III Court of Small Causes, Chennai in

M.C.O.P.No.7090 of 2017.

2. The appellant/claimant not satisfied with the quantum of

compensation awarded by the Tribunal has preferred this appeal seeking for

enhancement. The details of the compensation awarded by the Tribunal

under the impugned Award are as follows:

                          Sl.No.                          Heads               Amount in Rs.
                             1.    Towards Pain and Sufferings                          50,000
                             2.    Extra Nourishment & Transport                        50,000
                             3.    Disability 9% @ Rs.5,000/-                           27,000
                             4.    Medical Bills                                     5,30,185
                             5.    Loss of Amenities                                    50,000
                             6.    Damage to clothes                                     1,000
                             7.    Attender charges                                     13,200
                             8.    Loss of earnings for period of 8 months              45,000
                                   Total                                             7,66,385

3. The appellant/claimant sustained the following injuries on

01.11.2017, as a result of the accident caused by the vehicle insured with the https://www.mhc.tn.gov.in/judis/

C.M.A.No.2613 of 2021

third respondent:

"Head injury, traumatic brain injury, fracture in right scapula, fracture symphsis menth, right thumb crush injury, fracture in right ribs 1, 3, 4, 5, 9, fracture in vertebra and other multiple injuries."

4. The Medical Board has assessed the appellant/claimant disability at

9%, which has been accepted by the Tribunal, however the Tribunal has not

given due consideration to the nature of injuries sustained by the

appellant/claimant while assessing the disability compensation. The

appellant/claimant was hospitalized for 33 days, which is not disputed by the

respondents. By giving due consideration to the nature of the injuries

sustained by the appellant/claimant and the period of his hospitalization, the

Tribunal ought to have given higher disability compensation. Having given

due consideration to the same, this Court enhances the disability

compensation to Rs.45,000/- calculated at Rs.5,000/- per percentage of

disability for 9% disability assessed by the Medical Board, which is also

accepted by the Tribunal instead of Rs.27,000/- assessed by the Tribunal

calculated at the rate of Rs.3,000/- per percentage of disability for the 9% of

disability suffered by the appellant/claimant.

5. The Tribunal has awarded compensation of Rs.50,000/- towards https://www.mhc.tn.gov.in/judis/

C.M.A.No.2613 of 2021

pain and sufferings, Rs.50,000/- towards transportation and extra

nourishment, Rs.5,30,185/- towards medical bills (supported by medical

bills), Rs.50,000/- towards loss of amenities and Rs.1,000/- towards damage

to clothes, which cannot be considered to be inadequate as alleged by the

appellant/claimant and the same is confirmed by this Court.

6. Further the Tribunal has awarded lesser compensation towards

attender charges at Rs.13,200/- and towards loss of income at Rs.45,000/-.

This Court is of the considered view that if the Tribunal has taken into

consideration the nature of injuries sustained by the appellant/claimant and

the long period of his hospitalization, the Tribunal ought to have awarded

higher compensation towards attender charges and loss of income. This

Court enhances the compensation towards attender charges from Rs.13,200/-

to Rs.25,000/-. In so far as the loss of income is concerned, the Tribunal has

awarded compensation of Rs.45,000/- calculated at Rs.15,000/- per month

for a period of three months. This Court is of the considered view that at

least for a period of eight months the appellant/claimant would have been

unable to do his regular avocation. Therefore, this Court enhances the

compensation towards loss of income during the treatment period from

Rs.45,000/- to Rs.1,20,000/- calculated at the rate of Rs.15,000/- per month https://www.mhc.tn.gov.in/judis/

C.M.A.No.2613 of 2021

for a period of eight months.

7. The Tribunal has failed to award any compensation towards future

medical expenses, which the appellant/claimant is legally entitled to

considering the fact that he has sustained grievous injurious referred to

supra, which requires him to take regular medical treatment in future also.

After giving due consideration to the nature of injuries sustained by the

appellant/claimant, this Court awards compensation of Rs.45,000/- towards

future medical expenses.

8. For the foregoing reasons, the compensation awarded by the

Tribunal under the impugned Award is enhanced to Rs.9,16,185/- instead of

Rs.7,66,385/- awarded by the Tribunal. The details of the compensation now

awarded by this Court is detailed hereunder:

Sl. Description Amount Amount Award confirmed
No. awarded by awarded by or enhanced or set
the Tribunal this Court aside or granted or
(Rs.) (Rs.) reduced
(Rs.)
1. Towards Pain and Sufferings 50,000 50,000 Confirmed
2. Extra Nourishment & Transport 50,000 50,000 Confirmed
3. Disability 9% @ Rs.5,000/- 27,000 45,000 Enhanced
4. Medical Bills 5,30,185 5,30,185 Confirmed
5. Loss of Amenities 50,000 50,000 Confirmed

https://www.mhc.tn.gov.in/judis/

C.M.A.No.2613 of 2021

Sl. Description Amount Amount Award confirmed
No. awarded by awarded by or enhanced or set
the Tribunal this Court aside or granted or
(Rs.) (Rs.) reduced
(Rs.)
6. Damage to clothes 1,000 1,000 Confirmed
7. Attender charges 13,200 25,000 Enhanced
8. Loss of earnings for period of 8 45,000 1,20,000 Enhanced
months
9. Future medical expenses ----- 45,000 Awarded
Enhanced by
Total 7,66,385 9,16,185
Rs.1,49,800/-

9. In the result, the Civil Miscellaneous Appeal is partly allowed and

the compensation of Rs.7,66,385/- awarded by the Tribunal is hereby

enhanced to Rs.9,16,185/- together with interest at the rate of 7.5% per

annum from the date of claim petition till the date of deposit. The third

respondent / insurance company is directed to deposit the enhanced award

amount now determined by this Court along with interest and costs, less the

amount already deposited, if any, within a period of four weeks from the date

of receipt of a copy of this judgment to the credit of M.C.O.P.No.7090 of

2017, on the file of the Motor Accidents Claims Tribunal, III Court of Small

Causes, Chennai. On such deposit, the appellant/claimant is permitted to

withdraw the award amount now determined by this Court, along with

interest and costs, less the amount, if any, already withdrawn by making