Madras High Court
C.Elavarsu vs R.Keerthivasan on 30 September, 2021
C.M.A.No.1621 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. 1621 of 2021
C.Elavarsu ...Appellant
Vs
1.R.Keerthivasan
2. The Oriental Insurance Co Ltd.,
No.115, Broadway,
Chennai – 600 108 ...Respondents
Prayer: The Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, to set aside the judgment and decree dated
11.02.2020 in M.C.O.P.No.7332 of 2015 on the file of the learned Motor
Accident Claims Tribunal, (V Small Causes Court), Chennai.
For Appellant : Mr.K.Varadha Kamaraj
For R.2 : Mr.K.Vinod
for Mr.Elveera Ravindran
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.1621 of 2021
M.C.O.P.No.7332 of 2015 dated 11.02.2020, the appellant/claimant has
preferred the present appeal, seeking enhancement.
2. The Tribunal has awarded a total compensation of
Rs.3,45,700/-(Rupees Three Lakhs Forty Five thousand seven hundred
only) to the appellant/claimant as detailed hereinunder:-
Heads Amount
awarded by the
Tribunal
(Rs.)
Pain and Sufferings 50,000/-
Extra Nourishment and Transport 40,000/-
Disability 30% @ Rs.3,000/-per 90,000/-
percentage
Loss of Income for 10 months 81,030/-
(Rs.8103 x 10)
Medical Expenses 29,983/-
Loss of Amenities 40,000/-
Damage to Clothes 1,000/-
Attender charges 13,650/-
Total compensation 3,45,663/-
Rounded off to Rs.3,45,700/-
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C.M.A.No.1621 of 2021
3. The appellant/claimant has sustained both bone fracture of
left leg with comminuted proximal tibia fracture with foot drop.
4.The nature of injuries sustained by the appellant has not been
disputed by the Insurance Company before the Tribunal. The doctor
assessed the disability at 40%, but, however, the Tribunal, without
assigning any reason, has reduced the disability of the appellant/claimant
at 30%. Since no valid reason has been assigned by the Tribunal for
reduction of the disability of the appellant/claimant at 30%, this Court has
to necessarily accept the findings of the doctor, who assessed the disability
of the appellant/claimant at 40%. Accordingly, the disability of the
appellant/claimant is assessed by this Court at 40% instead of 30%,
erroneously fixed by the Tribunal.
5. The Tribunal awarded a sum of Rs.90,000/- (Rupees Ninety
thousand only) towards disability for 30% (Rs.3.000/-per percentage). If
the year of the accident and the nature of the injuries sustained by the
appellant/claimant were given due consideration by the Tribunal, the
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C.M.A.No.1621 of 2021
disability compensation ought to have been awarded on the higher side.
Since the nature of injuries sustained by the appellant/claimant referred to
supra deserves higher compensation, this Court enhances the disability
compensation at Rs.1,60,000/-(Rupees One Lakh sixty thousand only),
calculated at Rs.4,000/-per percentage (Rs.4,000 x 40), instead of
Rs.90,000/- erroneously fixed by the Tribunal.
6. The Tribunal has awarded a compensation of Rs.50,000/-
towards pain and sufferings. The appellant/claimant was hospitalised for
23 days. The Discharge Summaries issued by the hospital have been
marked as Exs.P.2 to P.4. The period of hospitalisation undergone by the
appellant/claimant has also not been disputed by the Insurance Company.
After giving due consideration to the nature of injuries sustained by the
appellant/claimant and the period of hospitalisation, this Court deems it fit
to enhance the compensation amount towards pain and sufferings from
Rs.50,000/- to Rs.75,000/-.
7. The Tribunal has also awarded lesser compensation towards
loss of amenities and attender charges. If the nature of the injuries and the
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C.M.A.No.1621 of 2021
period of hospitalisation undergone by the appellant/claimant were given
due consideration by the Tribunal, it ought to have awarded higher
compensation towards those heads. Accordingly, this Court enhances the
compensation towards loss of amenities to Rs.50,000/- instead of
Rs.40,000/-erroneously fixed by the Tribunal and enhances the
compensation towards attender charges to Rs.25,000/- instead of
Rs.13,650/-erroneously fixed by the Tribunal.
8. The Tribunal has not given adequate compensation to the
appellant/claimant towards loss of income. The Tribunal awarded a sum of
Rs.81,030/- towards loss of income during the treatment period for 10
months at Rs.8,103/-per month. The claimant was a bus driver at SETC .
In the claim petition, the appellant/claimant has pleaded that he was
earning a sum of Rs.16,000/per month. However, the Tribunal has fixed
the notional monthly income of the appellant/claimant as Rs.8,103/-.
Considering the year of the accident, this Court is of the considered view
that the notional monthly income of the appellant/claimant, fixed by the
Tribunal is too low and it has to be necessarily enhanced.
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C.M.A.No.1621 of 2021
9. After giving due consideration to the year of the accident,
occurred in the year 2013, and the appellant/claimant, being the bus driver,
he is entitled for higher fixation of notional monthly income. Therefore,
this Court enhances the notional monthly income of the appellant/claimant
to Rs.12,000/- instead of Rs.8,103/-erroneously fixed by the Tribunal.
Accordingly, loss of income for the appellant/claimant during the
treatment period of 10 months comes to Rs.1,20,000/-(Rs.12,000 x 10
months) instead of Rs.81,030/-.
10. The Tribunal has erroneously failed to award compensation
towards future medical expenses. This Court, after giving due
consideration to the nature of injuries sustained by the appellant/claimant,
he will be incurring the medical expenses in future also. Therefore, this
Court is of the considered view that an amount of Rs.15,000/- is awarded
towards future medical expenses.
11. For the foregoing reasons, the compensation awarded by the
Tribunal is modified as under by enhancing from Rs.3,45,700/- (Rupees
Three Lakhs Forty Five thousand Seven hundred only ) to Rs.5,25,983/-
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C.M.A.No.1621 of 2021
(Rupees Five Lakhs Twenty five thousand nine hundred eighty three only).
Heads Amount Amount Award confirmed
awarded by awarded by or enhanced or
the Tribunal this Court granted
(Rs.) (Rs.)
Pain and Sufferings 50,000/- 75,000/- Enhanced
Extra Nourishment and 40,000/- 50,000/- Enhanced
Transport
Disability 30% @ 90,000/- 1,60,000/- Enhanced
Rs.3,000/-per percentage
Loss of Income for 10 81,030/- 1,20,000/- Enhanced
months
(Rs.8103 x 10)
Medical Expenses 29,983/- 29,983/- Confirmed
Loss of Amenities 40,000/- 50,000/- Enhanced
Damage to Clothes 1,000/- 1,000/- Confirmed
Attender charges 13,650/- 25,000/- Enhanced
Future Medical Expenses - 15,000/- Granted
Total compensation 3,45,663/- 5,25,983/- Enhanced
12. Accordingly, the civil miscellaneous appeal is allowed by
enhancing the award amount from Rs.3,45,663/- to Rs.5,25,983/-(Rupees
Five Lakhs Twenty five thousand nine hundred eighty three only).
13. The second respondent is directed to deposit the
compensation amount of Rs.5,25,983/-(Rupees Five Lakhs Twenty five
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C.M.A.No.1621 of 2021
thousand nine hundred eighty three 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 MCOP.No.7332 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.7332 of 2015 to the bank account of the claimant through
RTGS within a period of one week thereafter.
No costs.
30.09.2021
Index:Yes/No
Speaking Order: Yes/No
sr
To
1.The Motor Accidents Claims Tribunal,
(V Small Causes Court), Chennai.
2. The Section Officer,
V.R.Section, High Court, Madras – 104.
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C.M.A.No.1621 of 2021
ABDUL QUDDHOSE.,J
sr
C.M.A.No. 1621 of 2021
30.09.2021
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