Madras High Court
K.Vijayakumar vs M.Dhanamanikandan on 26 October, 2021
C.M.A.No.3072 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.3072 of 2021
K.Vijayakumar ... Appellant
Vs.
1.M.Dhanamanikandan
2.M/s United India Insurance Company Ltd.,
No.23/1, Syndicate Bank Upstair,
Bye-pass Road (Sankari Road)
Pallipalayam,
Namakkal District 638 006.
... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 to set aside the judgment and decree dated 26.07.2019 made in
MCOP No.61 of 2019 on the file of the Motor Accident Claims Tribunal/Chief
Judicial Magistrate Court at Namakkal and to enhance the award amount.
1/7
https://www.mhc.tn.gov.in/judis
C.M.A.No.3072 of 2021
For Appellant : Mr.M.Lokesh
For Respondents : Mr.R.Sree Vidhya (for R2)
R1 – Exparte
JUDGMENT
[Judgment of the Court was delivered by V.SIVAGNANAM, J.]
The appellant challenges the award passed by the Motor Accident Claims
Tribunal, Chief Judicial Magistrate at Namakkal in MCOP No.61 of 2019 dated
26.07.2019.
2.The claimant has come up with this appeal seeking enhancement of
compensation. This is the case of injury. The case of the claimant is that on
13.08.2017 at 09.10 p.m, he was riding his TVS motorcycle bearing Reg.No.TN-
88-A-2304 on Namakkal to Trichy Road. While he was nearing serlin poultry
farm at Valayapatty, a Volkswagen Car bearing Reg.No.TN-02-AR-4048
belonging to the first respondent, came from the opposite direction in a rash and
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C.M.A.No.3072 of 2021
negligent manner and dashed against the claimant's vehicle and caused the
accident. In the accident, the appellant sustained multiple injuries all over his
body and immediately, he was taken to C.M.Hospital, Namakkal for treatment,
where he spent more than Rs.5,00,000/- towards hospital expenses. At the time
of accident, the petitioner was aged about 45 and he was working as Mason and
earned Rs.12,000/- per month. After the accident, he is not able to do any work
as before. Hence, he filed the claim petition before the Tribunal claiming
compensation of Rs.15,00,000/-. Even though the Tribunal has fixed the
compensation as Rs.9,48,560/-, the appellant was granted only Rs.6,63,992/-
together with interest at 7.5% per annum, since he contributed negligence of 30%.
3.The learned counsel appearing for the appellant would contend that since
the amount awarded by the Tribunal is meager in all the heads, the claimant is
entitled for higher compensation. He would further contend that at the time of
accident, the appellant was 45 years and working as a Mason and sustained
grievous injury at right leg and below knee was amputated. The Doctor has
assessed permanent disability of 70% as per disability certificate (Ex.P.10). He
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C.M.A.No.3072 of 2021
would further contend that the Tribunal failed to consider the nature of injuries
will affect his 100% future earning capacity and the Tribunal has meagerly taken
a sum of Rs.6,000/- as notional income. He would further submit that the
Tribunal erred in fixing 30% contributory negligence on the claimant. Hence, the
appellant seeks for enhancement of compensation.
4.Per contra, the learned counsel appearing for the 2nd respondent Insurance
Company submitted that the impugned Judgment and Decree awarding the
aforesaid compensation is well reasoned and it requires no interference and
therefore, this Civil Miscellaneous Appeal is liable to be dismissed.
5.This Court carefully considered the submission of the learned counsel
appearing for the appellant/claimant and the learned counsel appearing for the
second respondent/Insurance Company and perused the materials available on
record.
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C.M.A.No.3072 of 2021
6.It is not in dispute that the appellant sustained injuries in a road accident
that had taken place on 13.08.2017. Perusal of the records would show that the
Tribunal on proper appreciation of evidence, rightly held that the accident took
place due to the negligence of both the drivers. So, the finding on negligence is
confirmed.
7.Though the learned counsel appearing for the appellant/claimant has
contended that the award is meager and sought enhancement, on perusal of the
records, we find that the Tribunal, after considering the age and profession of the
appellant, has fixed the monthly income at Rs.6,000/- and adopting correct
multiplier awarded a just and reasonable compensation. Further, the Tribunal
after perusing the medical bills (Ex.P.6) awarded Rs.1,16,560/- towards medical
expenses; Rs.20,000/- towards transport expenses and Rs.10,000/- towards extra
nourishment. We find no reason to interfere with the conclusion reached by the
Tribunal. This appeal has no merit.
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C.M.A.No.3072 of 2021
8.For the foregoing reasons, the Civil Miscellaneous Appeal fails and the
same is dismissed. No costs.
[M.K.K.S.,J.] [V.S.G.,J.]
26.10.2021
Intex : Yes/No
Internet : Yes/No
skn
To
1.The Motor Accident Claims Tribunal,
Chief Judicial Magistrate, Namakkal.
2.V.R.Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.3072 of 2021
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
JUDGMENT MADE IN
C.M.A.No.3072 of 2021
26.10.2021
https://www.mhc.tn.gov.in/judis
