Madras High Court
S. Veerasekar vs Anbunesan on 30 September, 2021
C.M.A.No.2747 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A. No. 2747 of 2011
S. Veerasekar ...Appellant
Vs
1.Anbunesan
2.Divisional Manager,
National Insurance Company,
Door No.110, J.N.Street,
Puducherry ...Respondents
Prayer: The Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, to set aside the judgment and decree dated
17.04.2017 in M.C.O.P.No.1498 of 2015 on the file of the learned Motor
Accident Claims Tribunal, Special Judge, Cuddalore.
For Appellant : Ms.Ramya V.Rao
For R.2 : R. Sankaranarayanan
JUDGMENT
Unsatisfied with the compensation award passed by the
Motor Accidents Claims Tribunal, Special Judge, Cuddalore, in
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C.M.A.No.2747 of 2021
M.C.O.P.No.1498 of 2015 dated 17.04.2017, the appellant/claimant has
preferred the present appeal, seeking enhancement.
2. The Tribunal has awarded a total compensation of
Rs.12,57,282/-(Rupees Twelve Lakhs Fifty Seven thousand two hundred
eighty two only) to the appellant/claimant as detailed hereinunder:-
Heads Amount
awarded by the
Tribunal
(Rs.)
Pecuniary Loss 8,56,000/-
Medical Bills 2,62,412/-
Future Medical Bills 50,800/-
Transportation charges 32,270/-
Pain and Sufferings 40,000/-
Extra Nourishment 10,000/-
Damage to Clothing 5,000/-
Total compensation 12,57,282/-
3. The appellant/claimant has sustained permanent disability as
assessed by the Medical Board and the disability certificate has been
marked as Ex.P.14. The appellant/claimant has sustained brachial plexus
injury on the right upper limb and reverse nerve of grafting have been
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C.M.A.No.2747 of 2021
performed on the appellant/claimant and the nature of the injuries
sustained by the appellant/claimant has not been disputed by the
respondent and the appellant/claimant's permanent disability has also not
been disputed by the Insurance Company, since no appeal has been filed
by the Insurance Company, aggrieved by the findings of the Tribunal,
under the impugned order.
4. The appellant/claimant was a driver and the accident occurred
on 07.03.2015. In the claim petition, the appellant/claimant has pleaded
that he was earning a sum of Rs.15,000/- per month. However, the
Tribunal had fixed the notional monthly income of Rs.7,000/-per month.
5. The Tribunal, by considering the year of the accident, ought
to have fixed higher notional monthly income.
6. After giving due consideration of the age of the
appellant/claimant as well as the year of the accident, this Court enhances
the notional monthly income of the appellant/claimant at Rs.11,000/-per
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C.M.A.No.2747 of 2021
month, instead of Rs.7,000/- erroneously fixed by the Tribunal.
7. Since the appellant/claimant was aged at 28 years at the time
of accident, the Tribunal has adopted the correct multiplier of "17".
8. The Medical Board has assessed the disability of the
appellant/claimant at 80%, whereas, the Tribunal has taken the whole body
disability of the appellant and fixed at 60%, which is the correct
assessment.
9. Excepting for enhancement of notional monthly income of the
appellant/claimant from Rs.7,000/- to Rs.11,000/-, the percentage of the
disability fixed at 60% by the Tribunal and the multiplier of "17" adopted
by the Tribunal, remain unaltered.
10. Since notional monthly income of the appellant/claimant has
been enhanced to Rs.11,000/-, the loss of earning capacity of the
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C.M.A.No.2747 of 2021
appellant/claimant is reassessed by this Court at Rs.13,46,400/-(11,000 x
12 x 17 x 60/100).
11. The Tribunal erroneously failed to award any compensation
towards loss of amenities, which the appellant/claimant is legally entitled
to as per law.
12. This Court after giving due consideration of the nature of
injuries sustained and also his avocation, fixes a compensation of
Rs.10,000/- towards loss of amenities.
13. Insofar as the compensation awarded under various other
heads viz., pain and sufferings, extra nourishment, transportation, damage
to clothing, the compensation awarded by the Tribunal is just and
reasonable and there is no question of enhancement under these heads.
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C.M.A.No.2747 of 2021
14. For the foregoing reasons, the compensation awarded by the
Tribunal is modified as under by enhancing from Rs.12,57,282/- (Rupees
Twelve lakhs fifty seven thousand two hundred eighty two only ) to
Rs.17,56,882/-(Rupees Seventeen lakhs fifty six thousand eight hundred
eighty two only).
Heads Amount Amount Award confirmed
awarded by awarded by or enhanced or
the Tribunal this Court granted
(Rs.) (Rs.)
Pecuniary loss 8,56,800- 13,46,400/- Enhanced
Medical Bills 2,62,412/- 2,62,412/- Confirmed
Furture Medical Bills 50,800/- 50,800/- Confirmed
Transportation 32,270/- 32,270/- Confirmed
Pain and Suffering 40,000/- 40,000/- Confirmed
Extra Nourishment 10,000/- 10,000/- Confirmed
Damage to Clothing 5,000/- 5,000/- Confirmed
Loss of Amenities - 10,000/- Granted
Total Compensation 12,57,282/- 17,56,882/- Enhanced
15. Accordingly, the civil miscellaneous appeal is allowed by
enhancing the award amount from Rs.12,57,282/- to Rs.17,56,882/-
(Rupees Seventeen Lakhs Fifty Six thousand eight hundred eighty two
only).
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C.M.A.No.2747 of 2021
16. The second respondent is directed to deposit the
compensation amount of Rs.17,56,882-(Rupees Seventeen lakhs fifty six
thousand eight hundred eighty two only), 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 M.C.O.P.No.1498 of 2015 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.1498 of 2015 to the bank account of the claimant through
RTGS within a period of one week thereafter.
30.09.2021
Index:Yes/No
Speaking Order: Yes/No
sr
To
1.The Motor Accidents Claims Tribunal,
Special Judge, Cuddalore
2. The Section Officer,
V.R.Section, High Court, Madras – 104.
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C.M.A.No.2747 of 2021
ABDUL QUDDHOSE.,J
sr
C.M.A.No. 2747 of 2021
30.09.2021
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