Madras High Court
Dr.Kannappan vs Muneer Basha on 2 September, 2021
C.M.A.No.150 of 2005
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2021
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No.150 of 2005
Dr.Kannappan ... Appellant
Vs
1.Muneer Basha
2.The New India Assurance Company Limtied,
MTPL Office, Anna Salai,
Chennai
3.Rajarathinam
4.The United India Insurance Company Limited,
MTPL Office, Anna Salai,
Chennai ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act against the Judgment and Decree made in MCOP.No.2099 of
1994 dated 20.08.2001 on the file of the Motor Accident Claims Tribunal
(III Judge, Small Causes Court), Chennai
For Appellant : Ms.T.Surekha
For Respondent 2 : Mr.K.Vinod for
for Mr.S.Elveera Ravindran
For Respondent 4 : Mr.N.Vijayaraghavan
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C.M.A.No.150 of 2005
JUDGMENT
This civil miscellaneous appeal has been filed by the claimant seeking
enhancement of compensation under the impugned award dated 20.08.2001
passed by the Motor Accident Claims Tribunal, Third Court of Small
Causes, Chennai in MCOP.No.2099 of 1994.
2. The Appellant/claimant unsatisfied with the quantum of
compensation awarded by the Tribunal has preferred this Appeal seeking
enhancement. The details of the compensation awarded by the Tribunal to
the Appellant/claimant are as follows:
Heads Award Amount
(Rs.)
Loss of income for the 30,000/-
period of six months
Transportation 1,000/-
Extra nourishment 1,000/-
Loss of earning capacity 20,000/-
Medical expenses 2,00,000/-
Pain and suffering 75,000/-
Partial permanent disability 80,000/-
Total 4,07,000/-
3. The accident happened on 28.03.1994. The Appellant/claimant has
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C.M.A.No.150 of 2005
sustained compound fracture in his right thigh, abrasion over his right
shoulder & arm and fracture of right femur. The nature of injuries sustained
by the Appellant/claimant has not been disputed by the respondents before
the Tribunal. The Tribunal under the impugned award has awarded
Rs.2,00,000/- towards medical expenses though the Appellant/claimant has
submitted the bills valued at Rs.3,61,055/- which has been marked as Ex.A4
before the Tribunal, without any reason. This Court is of the considered
view that no reasons have been given under the impugned award for
rejection of the compensation towards medical expenses, eventhough the
value of the medical bills produced by the Appellant/claimant is
Rs.3,61,055/-. Admittedly, the Appellant/claimant had underwent surgeries
and was hospitalised for almost two months. After giving due consideration
to the same, this Court is of the considered view that the Appellant/claimant
ought to have been paid compensation of Rs.3,61,055/- towards medical
expenses as per the medical bills instead of awarding a compensation of
Rs.2,00,000/-. Therefore, this Court enhances the compensation towards
medical expenses to Rs.3,61,055/- from Rs.2,00,000/- fixed by the Tribunal.
4. With regard to the further enhancement towards medical expenses
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C.M.A.No.150 of 2005
claimed by the Appellant/claimant, the same cannot be granted by this Court
as the accident pertains to the year 1994 and almost 27 years has lapsed
since then.
5. Though the learned counsel for the Appellant submits that in the
years 2010 and 2018, the Appellant/claimant had to undergo surgeries as a
result of injuries sustained by him as a result of an accident in the year 1994,
no medical records have been placed before this Court till date to prove the
same. Further the said claim cannot be entertained by this Court as no
evidence is available on record to prove that the surgeries underwent by the
Appellant/claimant were only due to the accident which happened as early
as in the year 1994. Further, the enhancement claim cannot be entertained as
it may be barred by law of limitation.
6. Excepting for enhancement of compensation under the head
medical expenses, the Appellant/claimant is not entitled for any further
enhancement. As a result, the compensation awarded by the Tribunal under
the impugned award in respect of other heads is a just compensation.
7. Since the second respondent insurance company and the third
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C.M.A.No.150 of 2005
respondent were directed to pay the assessed compensation amount in equal
proportions by the Tribunal, the same is confirmed by this Court and the
enhanced compensation as determined by this Court has to be paid by both
the second respondent insurance company and the third respondent in equal
proportions to the Appellant/claimant.
8. For the Foregoing reasons, the compensation awarded by the
Tribunal is enhanced to Rs.5,68,055,/- from Rs.4,07,000/- in the following
manner:
Heads Amount awarded Amount awarded
by the Tribunal by this Court
(Rs.) (Rs.)
Loss of income for 30,000/- 30,000/-
the period of six
months
Transportation 1,000/- 1,000/-
Extra nourishment 1,000/- 1,000/-
Loss of earning 20,000/- 20,000/-
capacity
Medical expenses 2,00,000/- 3,61,055/-
Pain and suffering 75,000/- 75,000/-
Partial permanent 80,000/- 80,000/-
disability
Total 4,07,000/- 5,68,055/-
9. In the result, this civil miscellaneous appeal is partly allowed by
enhancing the compensation from Rs.4,07,000/- to Rs.5,68,055/-. The
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C.M.A.No.150 of 2005
Second respondent Insurance company and the third respondent are directed
to deposit the enhanced award amount in equal proportions, after deducting
the amount already deposited if any together with interest from the date of
claim till the date of deposit and cost to the credit of MCOP.No.2099 of
1994 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.2099 of 1994 to the bank account of
the Appellant/claimant through RTGS within a period of one week
thereafter. No costs.
02.09.2021
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Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
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C.M.A.No.150 of 2005
To
1. The Third Court of Small Causes, Chennai
2.The Section Officer, V.R.Section, High Court of Madras.
ABDUL QUDDHOSE, J.
nl
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C.M.A.No.150 of 2005
C.M.A.No.150 of 2005
02.09.2021
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