Madras High Court
S. Prabhu vs K. Chettiyappan on 1 September, 2021
C.M.A.No.1870 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.09.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.1870 of 2021
S. Prabhu .... Appellant
Versus
1. K. Chettiyappan
2. M/s. The Oriental Insurance
Company Limited,
22-C, Siva Complex,
Sarada College Main Road,
Fairlands, Salem
636 016. .... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 to enhance the compensation awarded in the
judgement and decree dated 15.04.2019 passed in M.C.O.P. No.685 of
2017 on the file of Motor Accidents Claims Tribunal/ Special Subordinate
Judge No.2, Salem.
For Appellant : M/s. C. Thangaraju
For Respondents : Mr. J. Chandran for R2
R1 – Served – No appearance
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C.M.A.No.1870 of 2021
JUDGMENT
(Heard video conference)
Mr.J.Chandran, learned counsel undertakes to file vakalat on behalf
of the 2nd respondent / Insurance Company.
This appeal has been filed by the claimant seeking enhancement of
compensation under the impugned award dated 15.04.2019 passed by the
Motor Accident Claims Tribunal (Special Subordinate Judge No.2, Salem)
in M.C.O.P.No.685 of 2017.
2. The appellant / claimant unsatisfied with the quantum of
compensation awarded by the Tribunal under the impugned award has
preferred this appeal seeking for enhancement.
3. The details of the compensation awarded by the Tribunal under
the impugned award are as follows :
Heads Amount awarded
by the Tribunal
(Rs.)
Functional disability 65454
Rs.6,500 x 12 = 40% x 18 =
19,65,600 x 3.33%
Pain and sufferings 5000
Loss of amenities 5000
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C.M.A.No.1870 of 2021
Heads Amount awarded
by the Tribunal
(Rs.)
Medical expenses as per Ex.p6 16750
Transportation expenses 2500
Extra nourishment 2500
Attendant charges 5000
Total 102704
4. Heard Mr.C.Thangaraju, learned counsel for the appellant /
claimant and Mr.J.Chandran, learned counsel for the respondent /
Insurance Company. Despite service of notice on the 1st respondent, there
is no representation on his side.
5. This Court has perused and examined the impugned award before
the Tribunal.
6. The appellant / claimant sustained a) injuries in the right elbow,
b) injuries in left thumb finger, c) Right leg foot injuries and d) injuries all
over his body.
7. The Medical Board has assessed his disability at 10% and the
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C.M.A.No.1870 of 2021
report of the Medical Board is marked as Court Ex C-1. The Tribunal has
adopted the Multiplier method and has taken the disability of the
appellant/claimant as 3.33% for the purpose of assessing the loss of
income to the appellant due to his disability.
8. The Tribunal awarded a compensation of Rs.65,454/- towards
loss of income to the appellant / claimant, which cannot be considered to
be inadequate as alleged by the appellant / claimant. Therefore, the same
is confirmed by this Court. However, this Court is of the considered view
that the compensation awarded by the Tribunal under the heads a) pain and
suffering; b) loss of amenities; c) transport expenses; d) extra
nourishment expenses; e) attendant charges; f) damage to clothing are
less and it has to be enhanced in the following manner viz., towards a)
pain and suffering at Rs.10,000/-; b) loss of amenities at Rs.10,000/-; c)
transportation expenses at Rs.5,000/-; d) extra nourishment expenses at
Rs.5,000/- e) towards attendant charges at Rs.10,000/- and) damage to
clothing at Rs.2,000/-.
9. Insofar as the compensation awarded by the Tribunal towards
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C.M.A.No.1870 of 2021
medical bills at Rs.16,750/- is concerned, the same are supported by bills
and only in accordance with the said bills the same was fixed by the
Tribunal and therefore, there is no scope for any enhancement under the
said head. This Court, therefore, confirms the compensation towards
medical bills at Rs.16,750/- as fixed by the Tribunal.
10. For the foregoing reasons, the award of the Tribunal is hereby
enhanced in the following manner :
Heads Amount awarded Amount awarded
by the Tribunal by this Court
(Rs.) (Rs.)
Functional disability 65454 65454
Rs.6,500 x 12 = 40% x 18 =
19,65,600 x 3.33%
Pain and sufferings 5000 10000
Loss of amenities 5000 10000
Medical expenses as per 16750 16750
Ex.p6
Transportation expenses 2500 5000
Extra nourishment 2500 5000
Attendant charges 5000 10000
Damage to clothing 500 2000
Total 102704 124204
11. In the result, the appeal filed by the appellant / claimant, stands
partly allowed by enhancing the compensation from Rs.1,02704/- to
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C.M.A.No.1870 of 2021
Rs.1,24,204/-, as indicated above. No costs.
12. The second respondent / Insurance Company is directed to
deposit the entire award amount as assessed by this Court together with
interest at 7.5% p.a. from the date of claim petition till the date of
realization, less the amount, if any, already deposited to the credit of
MCOP No.685 of 2017 on the file of the Motor Accidents Claims
Tribunal/ Special Subordinate Judge No.2, Salem, within a period of eight
weeks from the date of receipt of a copy of this Judgment. On such
deposit being made, the Tribunal is directed to transfer the award amount
directly to the bank account of the appellant / claimant through RTGS,
within a period of two weeks thereafter. Necessary Court fee, if any has
to be paid by the appellant / claimant before receiving the copy of this
Judgment.
01.09.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
ab/vsi2
ABDUL QUDDHOSE, J.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1870 of 2021
vsi2
To
1. The Special Subordinate Judge No.II,
Motor Accidents Claims Tribunal,
Salem.
2.The Section Officer,
V.R. Section, High Court of Madras,
Chennai – 104.
C.M.A.No.1870 of 2021
01.09.2021
https://www.mhc.tn.gov.in/judis/
