Madras High Court

Madheswaran vs Senthil Murugan on 24 September, 2021

C.M.A.No.279 of 2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.09.2021

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

C.M.A.No.279 of 2014

Madheswaran .... Appellant
Versus

1. Senthil Murugan
2. M/s. ICICI Lombard Motor Insurance
Company Limited,
No.84/85, Wall Tax Road,
Chennai – 3. .... Respondents

Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the judgment and decree dated 13.09.2013
and made in M.A.C.T.O.P. No.4189 of 2012 on the file of the Motor
Accident Claims Tribunal (In the Court of III Small Causes), Chennai.

For Appellant : Ms. A. Subadra
for M/s.Terry Chella Raja

For Respondents : Ms. Shobana for
M/s.Sree Vidhya for R2
R1 – No such person

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C.M.A.No.279 of 2014

JUDGMENT

(Heard video conference)

This appeal has been filed by the claimant seeking enhancement of

compensation under the impugned award dated 13.09.2013 passed by the

III Court of Small Causes, Motor Accident Claims Tribunal) Chennai, in

M.C.O.P.No.4189 of 2012.

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.)
                             Loss of Income                                30000
                             Transport to hospital                          7000
                             Extra nourishment                              4000
                             Damage to clothing                             1000
                             Medical expenses                              60000
                             Attender charges                               5000
                             Loss of amenities of life                     10000

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                                                                               C.M.A.No.279 of 2014


                                             Heads            Amount awarded
                                                               by the Tribunal
                                                                    (Rs.)
                             Pain and sufferings                          30000
                             Permanent disability                        100000
                             Total compensation                          247000


                            4. Heard Ms. A.Subadra,      learned counsel for the appellant        /

claimant and Ms.Shobana, learned counsel for the 2nd respondent /

Insurance Company.

5. This Court has perused and examined the impugned award

before the Tribunal.

6. The appellant / claimant has sustained compound fracture of

Tibia and Fibula in his right leg as a result of an accident on 19.06.2012

caused by a vehicle owned by the first respondent and insured with the

second respondent. Due to the injuries sustained, open reduction and

external fixation was done on the appellant / claimant and wound

debriment was also done. The external fixator was removed from the

appellant / claimant on 16.08.2012. The appellant / claimant was

hospitalised at Government Vellore Medical College Hospital from

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C.M.A.No.279 of 2014

20.06.2012 to 19.08.2012. The Discharge summary issued by the

Vellore Medical College hospital was also marked as Ex.B2 before the

Tribunal. The appellant / claimant has filed the medical certificate, which

has been marked as Ex.P3 and the medical bills in support of the

expenses incurred by him for his treatment, which has also been marked

as Ex.P4 before the Tribunal. The Doctor has assessed the disability of

the appellant / claimant at 50% as seen from the disability certificate,

Ex.P7. The nature of injuries sustained by the appellant / claimant and

the period of his hospitalisation has not been disputed by the respondents

as seen from the evidence available on record. The appellant / claimant in

his claim petition has pleaded that he was working as Security personnel

at Teja Detective Services and was earning Rs.10,000/-p.m., at the time of

the accident. However, the Tribunal has fixed the notional monthly

income of the appellant /claimant at Rs.5,000/-, since the appellant /

claimant has not produced any documentary evidence in support of his

claim that he was earning Rs.10,000/-p.m., at the time of the accident.

This Court is of the considered view that since the accident happened in

the year 2012, the notional monthly income fixed by the Tribunal at

Rs.5,000/- is low and it has to be enhanced. After giving due

consideration to the year of the accident, this Court enhances the notional http://www.judis.nic.in

C.M.A.No.279 of 2014

monthly income of the appellant / claimant at Rs.6,500/-. The Tribunal

has calculated the loss of earning for the appellant / claimant during the

period of his treatment for the period of six months, which is a correct

assessment. Since the monthly income of the appellant / claimant is

enhanced to Rs.6,500/-, the loss of income to the appellant / claimant

during the period of his treatment is enhanced to Rs.39,000/-

(Rs.6,500/- x 6).

7. However, the Tribunal has not taken into consideration the fact

that the appellant /claimant was hospitalised for a period of two months

while assessing the compensation towards attender charges. The

Tribunal has awarded a compensation of Rs.5,000/- towards attender

charges which in the considered view of this Court is low and it has to be

enhanced. After giving due consideration to the period of the appellant /

claimant's hospitalisation, this Court enhances the compensation towards

attender charges to Rs.10,000/- instead of Rs.5,000/- fixed by the

Tribunal.

8. However, the Tribunal has awarded a compensation of

Rs.1,00,000/- towards permanent disability calculated at Rs.2,500/- per http://www.judis.nic.in

C.M.A.No.279 of 2014

percentage of disability for the 50% disability of the appellant / claimant

assessed by the Tribunal. Since the year of the accident is 2012, this

Court is of the considered view that the Tribunal ought to have fixed the

disability compensation at Rs.3,000/- per percentage of disability instead

of Rs.2,000/-. Accordingly, this Court enhances the disability

compensation to Rs.1,50,000/- calculated at Rs.3,000/- per percentage of

disability for the 50% disability instead of Rs.1,00,000/- erroneously

fixed by the Tribunal.

9. With regard to the compensation awarded by the Tribunal

under various other heads viz., Transportation, Extra nourishment,

damage to clothing, medical expenses, loss of amenities and pain and

suffering are concerned, the compensation awarded by the Tribunal

cannot be considered to be in adequate as alleged by the appellant

/claimant and therefore, the compensation awarded by the Tribunal under

those heads is confirmed by this Court.

10. For the foregoing reasons, the award of the Tribunal is hereby

enhanced in the following manner :



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                                                                                 C.M.A.No.279 of 2014


                                       Heads            Amount awarded         Amount awarded
                                                         by the Tribunal        by this Court
                                                              (Rs.)                 (Rs.)
                            Loss of Income                          30000                  39000
                            *Rs.5,000/- x 6                             *                      #
                            # Rs.6,500/- x 6
                            Transport to hospital                       7000                 7000
                            Extra nourishment                           4000                 4000
                            Damage to clothing                          1000                 1000
                            Medical expenses                        60000                  60000
                            Attender charges                            5000               10000
                            Loss of amenities of life               10000                  10000
                            Pain and sufferings                     30000                  30000
                            Permanent disability                  100000                  150000
                            ** Rs.2,000/- x 50%                       **                      ##
                            ## Rs.3,000/- x 50%
                            Total compensation                    247000                  311000

11. In the result, the appeal filed by the appellant / claimant,

stands partly allowed by enhancing the compensation from Rs.2,47,000/-

to Rs.3,11,000/-, 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

M.A.C.T.O.P. No.4189 of 2012 on the file of the Motor Accident Claims http://www.judis.nic.in

C.M.A.No.279 of 2014

Tribunal, Court of III Small Causes, Chennai, within a period of four

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