Madras High Court
R. Dhanalakshmi vs J. Rahimkhan on 29 September, 2021
CMA.No.3288 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.09.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.3288 of 2014
R. Dhanalakshmi ...Appellant
vs.
1. J. Rahimkhan
(The 1st respondent remained ex-parte before the Trial Court)
2. The New India Assurance Co. Ltd.,
No.45, Moore Street, V Floor,
Chennai - 600 001. ...Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the Judgment and Decree dated 13.06.2011
made in MACT.O.P. No.4849 of 2006, on the file of the VI Small Causes
Court (Motor Accidents Claims Tribunal) Chennai.
For Appellant : Mr. R. Kalai Arasan
For Respondents : Mr. M. Krishnamoorthy for R2
R1 – Exparte
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CMA.No.3288 of 2014
JUDGMENT
(This case was heard through Video Conferencing)
This Appeal has been filed by the claimant seeking enhancement
of compensation under the impugned Award dated 13.06.2011 passed by
the Motor Accident Claims Tribunal, VI Court of small Causes, Chennai
in MCOP No.4849 of 2006.
2. Heard Mr.R.Kalai Arasan, learned counsel for the Appellant and
Mr.M.Krishnamoorthy, learned counsel for the second respondent. The
first respondent has remained exparte both before the Tribunal as well as
this Court.
3. The Appellant/claimant sustained injuries as a result of an
accident on 19.09.2006 caused by a vehicle owned by the first
respondent and insured with the second respondent. The cause of the
accident has not been disputed by the respondents. The only question
that arises for consideration is whether the Appellant/ claimant is entitled
for enhancement of compensation or not?
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CMA.No.3288 of 2014
4. The Tribunal under the impugned Award directed the second
respondent to pay the Appellant/claimant a compensation of Rs.
1,45,940/- together with interest and cost as detailed hereunder:
Heads Amount Awarded by
the Tribunal in Rs.
Loss of Income (3,000 x 4) 12,000/-
Transportation 5,000/-
Extra nourishment 5,000/-
Damage to clothes 1,000/-
Medical expenses 7,938/-
Pain & Suffering 25,000/-
Disability of 45% at 90,000/-
Rs.2,000/- per percentage
Total 1,45,938/-
Rounded off to 1,45,940/-
5. The Appellant/ claimant sustained fracture in her left hip
superior pubic rami, fracture of left femur, fracture of left tibial condylar
and head injury. The nature of injuries sustained by the Appellant/
claimant has not been disputed by the respondents before the Tribunal.
The Doctor has assessed the disability of the Appellant/claimant at 45%.
The Tribunal has accepted the same and awarded a compensation of
Rs.90,000/- towards disability suffered by the Appellant/claimant
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CMA.No.3288 of 2014
calculated at Rs.2,000/- per percentage of disability for the 45%
disability. This Court confirms the same as it does not find any infirmity
in the said assessment.
6. The Appellant/ claimant had claimed that she was doing saree
business and was earning Rs.3,500/- per month at the time of the
accident. Since no documentary evidence has been produced, the
Tribunal has fixed the notional monthly income of the Appellant/
claimant at Rs.3,000/- per month which in the considered view of this
Court is low. Even though, no documentary evidence was produced by
the Appellant/ claimant to prove her monthly income, the Tribunal ought
to have taken into consideration the year of the accident before assessing
the notional monthly income. This Court after giving due consideration
to the year of the accident which happened in the year 2006 is of the
considered view that the notional monthly income of the Appellant/
claimant will have to be enhanced to Rs.3,500/- instead of Rs.3,000/-
erroneously fixed by the Tribunal.
7. The Tribunal has awarded a compensation of Rs.12,000/-
towards loss of income to the Appellant/ claimant calculated at
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CMA.No.3288 of 2014
Rs.3,000/- per month for a period of four months ie., for the period of her
treatment which in the considered view of this Court is low and it has to
be enhanced. This Court, therefore, after giving due consideration to the
nature of injuries is of the view that the Appellant/ claimant would have
been unable to do her regular avocation at least for a period of 6 months.
Since the monthly income of the Appellant/ claimant has been enhanced
to Rs.3,500/-, the loss of income for the Appellant/ claimant during the
period of her treatment is enhanced to Rs.21,000/- calculated at
Rs.3,500/- per month for a period of 6 months instead of Rs.12,000/-
calculated at Rs.3,000/- per month for a period of four months
erroneously fixed by the Tribunal.
8. The Tribunal has awarded a compensation of Rs.5,000/- towards
extra nourishment which in the considered view of this Court is low.
Accordingly, this Court enhances the same to Rs.10,000/- instead of
Rs.5,000/- erroneously fixed by the Tribunal.
9. Insofar as the compensation awarded by the Tribunal towards
transportation at Rs.5,000/- and damage to clothes at Rs.1,000/- is
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CMA.No.3288 of 2014
concerned, the same is a just compensation and the same is confirmed by
this Court.
10. The Tribunal has awarded a compensation of Rs.7,938/-
towards medical expenses based on the medical bills produced by the
Appellant/ claimant which has been marked as Ex.P5 and the same is
confirmed by this Court.
11. The Tribunal has awarded a compensation of Rs. 25,000/-
towards pain and suffering based on the nature of injuries sustained by
the Appellant/claimant which in the considered view of this Court is a
just compensation and the same is confirmed by this Court.
12. The Tribunal has failed to award any compensation towards
attender charges and loss of amenities which the Appellant/ claimant is
legally entitled to as per settled law. This Court after giving due
consideration to the year of the accident as well as the nature of injuries,
awards a compensation of Rs.10,000/- each to the Appellant/ claimant
towards attender charges and loss of amenities.
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CMA.No.3288 of 2014
13. For the foregoing reasons, the compensation awarded by the
Tribunal is enhanced to Rs.1,79,940/- instead of Rs. 1,45,940/- awarded
by the Tribunal as detailed below:
Heads Amount Awarded Amount Awarded
by the Tribunal in by this Court in
Rs. Rs.
Loss of Income 12,000/- 21,000/-
(3,500 x 6)
Transportation 5,000/- 5,000/-
Extra nourishment 5,000/- 10,000/-
Damage to clothes 1,000/- 1,000/-
Medical expenses 7,938/- 7,938/-
Pain & Suffering 25,000/- 25,000/-
Disability of 45% at 90,000/- 90,000/-
Rs.2,000/- per percentage
Attender Charges --- 10,000/-
Loss of amenities --- 10,000/-
Total 1,45,938/- 1,79,938/-
Rounded off to 1,45,940/- 1,79,940/-
14. In the result, the appeal is partly allowed by enhancing the
award amount from Rs.1,45,940/- to Rs.1,79,940/-. The second
respondent insurance company is directed to deposit the amount awarded
by this court, 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.4849 of 2006 within a period of four
weeks from the date of receipt of a copy of this Judgment. On such
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CMA.No.3288 of 2014
deposit being made, the Tribunal shall transfer the amount lying to the
credit of MCOP.No.4849 of 2006 to the bank account of the
Appellant/claimant through RTGS within a period of one week
thereafter. No costs.
29.09.2021
ab/nl
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
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CMA.No.3288 of 2014
To
1. The Motor Accidents Claims Tribunal,
VI Small Causes Court,
Chennai.
2. The Section Officer,
V.R. Section,
High Court, Madras.
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CMA.No.3288 of 2014
ABDUL QUDDHOSE, J.
ab
C.M.A.No.3288 of 2014
29.09.2021
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