Madras High Court
P. Rajesh Kanna vs A. Settu on 29 October, 2021
C.M.A.No.2592 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A. No. 2592 of 2021
1. P. Rajesh Kanna ... Appellant
Vs
1. A. Settu
2. The United Insurance Co., Ltd.,
No.134, Silingi Building,
Greams Road,
Chennai - 600 006. ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the Decree and Judgment dated 11.11.2020 to
enhance the amount awarded in M.C.O.P. No. 4872 of 2017, on the file of
Motor Accident Claims Tribunal (Special Sub Court No.1, Motor Accidents
Claims Petitions), Small Causes Court, Chennai.
For Appellant : Mr. U. Chithambaram
For Respondent1 : Not ready in Notice.
For Respondent 2 : Mr. D. Venkatachalam
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C.M.A.No.2592 of 2021
JUDGMENT
This appeal has been filed by the claimant, seeking
enhancement of compensation under the impugned award dated 11.11.2020,
passed by the Motor Accidents Claims Tribunal (Special Sub Court No.1,
Motor Accidents Claims Petitions), Small Causes Court, Chennai in
M.C.O.P. No. 4872 of 2017.
2. The appellant/claimant unsatisfied with the quantum of
compensation awarded by the Tribunal has preferred this appeal, seeking for
enhancement of compensation. The details of compensation awarded by the
Tribunal in favour of the appellant/claimant are as follows:
Heads Amount awarded
by the Tribunal
(Rs.)
Disability 30,000/-
Pain and Sufferings 20,000/-
Transportation 3,000/-
Extra Nourishment 10,000/-
Medical Expenses 6,882/-
C.M.A.No.2592 of 2021
Heads Amount awarded
by the Tribunal
(Rs.)
Attender charges 1,250/-
Loss of future prospectus 20,000/-
Total Compensation 91,132/-
3. The appellant/claimant sustained fracture of both bones on
the right leg, fracture 3 & 4 on Metatarsal Right Leg, Head injury and
multiple injuries all over the body as a result of an accident on 20.11.2016,
caused by a vehicle, insured with the second respondent. The cause of the
accident has not been disputed by the respondents.
4. The only question that arises for consideration is whether the
appellant/claimant is entitled for enhancement of compensation.
5. The Medical Board assessed the disability of the
appellant/claimant at 10%. The Tribunal has accepted the same. This Court
after giving due consideration to the nature of injuries sustained by the
appellant/claimant and in view of the fact that the assessment has been made
C.M.A.No.2592 of 2021
by the Medical Board, the disability assessment as fixed by the Tribunal is
confirmed by this Court.
6. The accident having happened in the year 2016, the Tribunal
ought to have awarded a higher compensation towards disability to the
appellant/claimant. The Tribunal has assessed the disability compensation at
Rs.3,000/- (Rupees Three Thousand only) per percentage of disability which
has to be enhanced to Rs.4,000/-. Accordingly, the disability compensation
awarded by the Tribunal to the appellant/claimant is enhanced to
Rs.40,000/-(Rupees Forty Thousand only) calculated at Rs.4,000/- per
percentage of disability at 10% disability suffered by the appellant/claimant
instead of Rs.30,000/- erroneously assessed by the Tribunal, calculated at
Rs.3,000/- per percentage of disability.
7. The Tribunal has awarded a lesser compensation of
Rs.20,000/- towards pain and sufferings. After giving due consideration to
the nature of injuries sustained by the appellant/claimant, this Court
C.M.A.No.2592 of 2021
enhances the compensation towards pain and sufferings to Rs.35,000/-
(Rupees Thirty Five Thousand only) instead of Rs.20,000/- erroneously
fixed by the Tribunal.
8. Similarly, the Tribunal has awarded a lesser compensation
towards transportation at Rs.3,000/-, which has to be enhanced to
Rs.10,000/-. Accordingly, this Court enhances the compensation towards
transportation at Rs.10,000/- (Rupees Ten Thousand only).
9. Insofar as the compensation awarded by the Tribunal
towards extra nourishment and Medical Expenses at Rs.10,000/- and
Rs.6,882/- respectively, this Court is of the considered view that the said
assessment made by the Tribunal is a correct assessment and there is no
scope for interference and therefore the same is confirmed by this Court.
10. The Tribunal has erroneously awarded a lesser
compensation towards attender charges at Rs.1,250/-. After giving due
C.M.A.No.2592 of 2021
consideration to the nature of injuries sustained by the appellant/claimant
and the evidence available on record, this Court enhances the compensation
towards attender charges to Rs.10,000/- (Rupees Ten Thousand only)
instead of Rs.1,250/- erroneously fixed by the Tribunal.
11. The Tribunal has awarded a compensation of Rs.20,000/-
towards loss of future prospects. This Court is of the considered view that
the nature of injuries sustained by the appellant/claimant does not entitle
him to get loss of future prospects, but entitled only to get compensation
towards loss of amenities. Since the Tribunal has granted a compensation of
Rs.20,000/- towards loss of future prospects erroneously, this Court
modifies the said compensation towards loss of amenities instead of loss of
future prospects.
12. For the foregoing reasons, compensation awarded by the
Tribunal is enhanced to Rs.1,31,882/- (Rupees One Lakh Thirty One
Thousand Eight Hundred Eighty Two only) instead of Rs.91,132/- (Rupees
C.M.A.No.2592 of 2021
Ninety One Thousand One Hundred Thirty Two only), erroneously fixed by
the Tribunal as detailed hereunder:-
Heads Amount Amount Award
awarded by the awarded by confirmed or
Tribunal this Court enhanced or
(Rs.) (Rs.) granted
Disability 30,000/- 40,000/- Enhanced
Pain and Sufferings 20,000/- 35,000/- Enhanced
Transportation 3,000/- 10,000/- Enhanced
Extra Nourishment 10,000/- 10,000/- Confirmed
Medical Expenses 6,882/- 6,882/- Confirmed
Attender charges 1,250/- 10,000/- Enhanced
Loss of future 20,000/- 20,000/- Enhanced
prospectus/amenities
Total Compensation 91,132/- 1,31,882/- Enhanced
13. Accordingly, this civil miscellaneous appeal is partly
allowed by enhancing the compensation amount from Rs.91,132/- (Rupees
Ninety One Thousand One Hundred Thirty Two only) to Rs.1,31,882/-
(Rupees One Lakh Thirty One Thousand Eight Hundred Eighty Two only).
C.M.A.No.2592 of 2021
14. The 2nd respondent Insurance Company is directed to
deposit the compensation amount of Rs.1,31,882/- (Rupees One Lakh Thirty
One Thousand Eight Hundred Eighty Two 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.4872 of 2017 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. 4872 of 2017 to the bank account of the claimant through
RTGS within a period of two weeks thereafter.
No costs.
29.10.2021
Index:Yes/No
Speaking order: Yes/No
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C.M.A.No.2592 of 2021
To
1. Motor Accidents Claims Tribunal,
Special Sub Court No.1,
Motor Accidents Claims Petitions,
Small Causes Court, Chennai.
2. The Section Officer,
V.R.Section, High Court, Madras - 104.
C.M.A.No.2592 of 2021
ABDUL QUDDHOSE.,J
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C.M.A. No. 2592 of 2021
29.10.2021
