Madras High Court
Munira Begum vs Askar Ali on 29 September, 2021
C.M.A.No.221 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A. No. 221 of 2020
Munira Begum ... Appellant
Vs
1. Askar Ali
2. TATA AIG Insurance Company Ltd.,
No.1, Eathiraj Salai,
Egmore, Chennai-600 008.
3. K.Sheik Abdullah ... Respondents
Prayer: The Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicle Act, 1988, against the Judgment and Decree dated
20.06.2019 made in MACT.O.P.No.7498 of 2013, on the file of the III Small
Causes Court (Motor Accidents Claims Tribunal), Chennai.
For Appellant : Mr. K. Ayyadurai
1/12
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C.M.A.No.221 of 2020
For R1 : Mr.M. Suresh Pandian
For R2 : Mr. E. Rajadurai
for Mr. N.Vijayaraghavan
For R3 : Served, No Appearance
JUDGMENT
Not satisfied with the quantum of compensation, awarded by
the Tribunal, under the impugned award dated 20.06.2019 in MACTOP
.No. 7498 of 2013 passed by the Motor Accidents Claims Tribunal, III
Small Causes Court, Chennai, the claimant has preferred the present appeal,
seeking enhancement.
2. The Tribunal under the impugned award directed the
respondents 2 and 3 to pay a compensation of Rs.4,49,130/- (Rupees Four
Lakhs Forty Nine thousand One hundred thirty only) with interest to the
appellant/claimant as detailed here under:-
Heads Amount awarded
by the Tribunal
(Rs.)
Pain and Sufferings 20,000/-
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C.M.A.No.221 of 2020
Heads Amount awarded
by the Tribunal
(Rs.)
Transport and Extra 10,000/-
Nourishment
Loss of Earning capacity 3,85,560/-
Attender Charges 9,000/-
Loss of Amenities 10,000/-
Medical Expenses 14,569/-
Total 4,49,129/-
Rounded off to Rs.4,49,130/-
3. The Tribunal directed the second respondent Insurance
Company to pay the compensation to the claimant with liberty to recover the
same from the third respondent.
4. The appellant/claimant, in the claim petition filed before the
Tribunal, has pleaded that she was working as a cook in Government
Muslim Higher Secondary School and was earning a sum of Rs.4,500/- per
month. The accident occurred on 26.03.2013.
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C.M.A.No.221 of 2020
5. The cause of the accident has not been disputed by the
respondents as no appeal has been filed by the respondents.
6. The only issue that arises for consideration is that whether the
compensation, awarded by the Tribunal, can be enhanced in favour of the
appellant/claimant.
7. The appellant/claimant was a Cook in a Government School,
earning a sum of Rs.4,500/-(Rupees Four thousand five hundred only) per
month. She was aged 28 years at the time of accident. The Tribunal has
accepted the claim of the appellant/claimant and fixed the notional monthly
income at Rs.4,500/-(Rupees Four thousand five hundred only). This Court
agrees with the said assessment as the accident happened in the year 2013.
The appellant/claimant has sustained the following injuries:
a) Subtrochantric Fracture of Right Femur
b) Fracture of Both Bone Right Leg middle 1/3
c) Fracture of Zygome on right side
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C.M.A.No.221 of 2020
d) Fracture of Infrauntrial margin on Right
e) Fracture of Anterior Postentlateral Wall of Right maxi Sinus
f) Fracture of Anterior Postentlateral Wall of Left Maxi Sinus
g) Fracture of Symphysis of Mandible
h) Loss of 7 lower teeth
i) Facial Injury and Multiple Injuries throughout her body.
8. The Medical Board, Government Royapettah Hospital, Chennai
has assessed permanent disability of the appellant/claimant at 30%. The
appellant/claimant was hospitalised from 26.03.2013 to 07.05.2013; from
28.05.2013 to 04.06.2013 and 05.11.2013 to 10.12.2013 and surgery was
conducted on 24.04.2013, 30.05.2013 and 04.12.2013. The nature of
injuries sustained by the appellant/claimant and the period of hospitalisation
have not been disputed by the respondents before the Tribunal.
9. The Tribunal has adopted the multiplier method for the purpose
of assessing loss of earning capacity of the appellant/claimant. The Tribunal
has awarded future prospects to the appellant/claimant.
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C.M.A.No.221 of 2020
10. The Tribunal has assessed loss of earning capacity at
Rs.3,85,560/- by adopting the correct multiplier of "17".
11. Insofar as the compensation awarded by the Tribunal under
the other heads viz.,pain and suffering, transport charges and extra
nourishment, loss of amenities, attender charges are concerned, the same
will have to be enhanced.
12. If due consideration is given to the nature of injuries sustained
by the appellant/claimant and the period of hospitalisation, this Court is of
the considered view that the compensation awarded by the Tribunal towards
pain and suffering has to be enhanced from Rs.20,000/- to Rs.50,000/-
(Rupees Fifty thousand only); towards Transport and extra nourishment, it
has to be enhanced from Rs.10,000/- to Rs.50,000/-; towards attender
charges - enhanced from Rs.9,000/- to Rs.30,000/-, towards loss of
amenities enhanced from Rs.10,000/- to Rs.50,000/-.
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C.M.A.No.221 of 2020
13. Insofar as the compensation awarded by the Tribunal towards
medical bills is concerned, they are supported by medical bills, produced by
the appellant and the same is confirmed by this Court.
14. The Tribunal has failed to award any compensation towards
loss of income during the treatment period. It is seen from the records that
the appellant/claimant was unable to do her regular avocation for a period
of six months. After considering the nature of injuries sustained by the
appellant/claimant and the long period of hospitalisation, this Court is of the
considered view that since the monthly income of the appellant/claimant has
been assessed as Rs.4,500/-, the loss of income during the treatment period
of six months is assessed at Rs.27,000/- (Rs.4,500 x 6 = 27,000).
15. The Tribunal failed to award any amount towards
disfigurement, loss of teeth and future medical expenses. This Court is of the
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C.M.A.No.221 of 2020
considered view that the Tribunal ought to have granted compensation under
the above heads in favour of the claimant.
16. After giving due consideration of the nature of injuries
sustained by the appellant/claimant and the period of hospitalisation, this
Court awards compensation of Rs.25,000/- towards disfigurement;
Rs.21,000/- towards loss of 7 teeth (Rs.3,000 x 7) and Rs.20,000/- towards
future medical expenses.
17. The compensation awarded by the Tribunal is modified as
under by enhancing from Rs.4,49,130/- (Rupees Four Lakhs forty nine
thousand one hundred thirty only) to Rs.6,73,129/- (Rupees Six Lakhs
Seventy three thousand one hundred twenty nine only)
Heads Amount awarded Amount Award confirmed
by the Tribunal awarded or enhanced or
(Rs.) by this granted
Court
(Rs.)
Pain and Suffering 20,000/- 50,000/- Enhanced
Transport Charge & Extra 10,000/- 50,000/- Enhanced
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C.M.A.No.221 of 2020
Heads Amount awarded Amount Award confirmed
by the Tribunal awarded or enhanced or
(Rs.) by this granted
Court
(Rs.)
Nourishment
Loss of earning capacity 3,85,560/- 3,85,560/- Confirmed
6,300x 12x17x 30%
Attender charges 9,000/- 30,000/- Enhanced
Loss of amenities 10,000/- 50,000/- Enhanced
Medical Expenses 14,569/- 14,569/- Confirmed
Loss of Income (during - 27,000/- Granted
treatment period)
Disfigurement - 25,000/- Granted
Loss of Teeth - 21,000/- Granted
Future Medical Expenses - 20,000/- Granted
Total 4,49,130/- 6,73,129/- Enhanced
18. Admittedly, as seen from the evidence available on record, the
driver of the insured vehicle was not possessing a valid driving licence. The
Tribunal has given due consideration to the said fact and rightly ordered pay
and recovery rights to the second respondent which is confirmed by this
Court.
19. In the result, this appeal is partly allowed and pay and
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C.M.A.No.221 of 2020
recovery rights is granted to the second respondent/ Insurance Company.
The 2nd respondent/Insurance Company is directed to deposit the
compensation amount 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
MCOP.No.7498 of 2013 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.7498 of 2013 to
the bank account of the claimant through RTGS within a period of one week
thereafter.
20. The second respondent/ Insurance Company is granted the
right to recover the same from the third respondent by adopting the
procedure established under law.
29.09.2021
Index:Yes/No
Speaking Order: Yes/No
sr
To
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C.M.A.No.221 of 2020
1. Motor Accidents Claims Tribunal,
III Small Causes Court, Chennai
2. The Section Officer,
V.R.Section, High Court, Madras – 104.
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C.M.A.No.221 of 2020
ABDUL QUDDHOSE.,J
sr
C.M.A. No. 221 of 2020
29.09.2021
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