Madras High Court
Ramalingam vs V.Senthilmurugan on 27 April, 2022
C.M.A.No.4709 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.04.2022
CORAM:
THE HONOURABLE Ms. JUSTICE P.T.ASHA
C.M.A.No.4709 of 2019
Ramalingam ... Appellant
vs.
1.V.Senthilmurugan
2.The Reliance General Insurance Company,
College Road,
Nungambakkam,
Chennai. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the Award in M.C.O.P.No.302 of 2011 dated
31.07.2014 on the file of the Motor Accident Claims Tribunal, (1st
Additional Sub-Court), Villupuram.
For Appellant : Mr.N.Suresh
For Respondents : Mr.S.Arunkumar [R2]
R1 – Served No Appearance
JUDGMENT
The petitioner/claimant is the appellant before this Court seeking an
enhancement of the award passed by the Motor Accident Claims Tribunal,
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C.M.A.No.4709 of 2019
(1st Additional Sub-Court), Villupuram in M.C.O.P.No.302 of 2011 dated
31.07.2014.
2. The petitioner had filed the above M.C.O.P.No.302 of 2011
seeking compensation for the injuries sustained by him in the road accident.
It is the case of the appellant that he is 28 years old, working as a Coolie.
On 29.04.2011, when the appellant was riding his motor cycle bearing
Reg.No.TN-32-D-7021 from Pagandai cross road near Reddiyarpalayam at
amount 12.45 p.m., in the after noon. An Auto bearing Reg.No.TN-32-L-
3677 dashed against the motor cycle causing grievous injuries to the
appellant. He was taken immediately to the Government Hospital,
Kallakurichi and thereafter referred to a private hospital where he was
treated as in-patient for 20 days. Therefore, he has claimed a sum of
Rs.8,00,000/- as compensation.
3. The 1st respondent/owner of the Auto remained exparte. In fact,
notice was taken on the 1st respondent through substituted service.
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C.M.A.No.4709 of 2019
4. The 2nd respondent/Insurance Company had filed their counter
inter-alia contending that there is a delay in filing the complaint and that
the very accident appears to be concocted, since the vehicle which is
involved in the accident has not been produced before the concerned
officials. Further, the injuries sustained were only simple in nature and no
permanent disability has resulted.
5. The 2nd respondent/Insurance Company had contended that the
accident had occurred only on account of reckless driving of the petitioner
and they have also contended that the petitioner is liable for contributory
negligence as the driver of the Auto did not possess a valid driving licence
and the vehicle did not possess a valid insurance cover. In short, they had
sought to be exonerated from the liability.
6. The Tribunal below after perusing the evidence on record held
negligence to be on the part of the driver of the Auto and proceeded to pass
an award of a sum of Rs.1,95,895/-. Aggrieved by the said order, the
appellant/claimant is before this Court.
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C.M.A.No.4709 of 2019
7. Mr.N.Suresh, learned counsel appearing on behalf of the
appellant/claimant would submit that though the accident is of the year
2011, and the disability had been assessed at 50%, as proved by Ex.P13
and the evidence of PW2 Dr.Raveendran, the Tribunal has considered the
disability to a permanent one not causing any loss of earning power and
assessed the loss by adopting Rs.2,000/-per percentage as the relevant
amount. A sum of Rs.1,500/- has been granted towards loss of income for
10 days and Rs.25,000/- has been granted towards pain and sufferings.
Towards Extra Nourishment, a sum of Rs.3,000/- was granted and
Rs.60,395/- was granted towards medical bills and Rs.3,000/- was granted
towards transportation. Damage to clothes Rs.500/- was granted Rs.2,000/-
was granted towards attender charges. In all a sum of Rs.1,95,895/- was
awarded by the Tribunal.
8. The claimant aggrieved by the fact that the Tribunal has not taken
into consideration the year of the accident and the age of the claimant is
before this Court.
9. Heard the learned counsel on either side and perused the records.
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C.M.A.No.4709 of 2019
10. The award passed by the Tribunal appears to be fair and
reasonable except for the fact that the Tribunal has adopted only a sum of
Rs.2,000/- per percentage. The Tribunal ought to have adopted Rs.3,000/-
per percentage. As a result, the compensation for the disability would stand
enhanced to Rs.1,50,000/- (Rs.3,000/- X 15 = Rs.1,50,000/-). In all other
aspects, the award of the Tribunal is confirmed. Therefore, Compensation
awarded by the Tribunal is reworked as below:
S.No. Description Amount Amount Award
awarded awarded by this confirmed
by Court or enhanced
Tribunal (Rs) or granted
(Rs) or reduced
1 Disability 1,00,000/- 1,50,000/- Enhanced
2 Loss of income 1,500/- 1,500/- Confirmed
3 Pain and sufferings 25,000/- 25,000/- Confirmed
4 Extra Nourishment 3,000/- 3,000/- Confirmed
5 Medical Bills 60,395/- 60,395/- Confirmed
6 transportation 3,000/- 3,000/- Confirmed
7 Damage to clothes 5,00/- 500/- Confirmed
8 Attender Charges 2,000/- 2,000/- Confirmed
TOTAL 1,95,395/- 2,45,395/-
* However, the Tribunal has wrongly calculated the award amount as
Rs.1,95,895/- instead of Rs.1,95,395/-.
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C.M.A.No.4709 of 2019
11. In the result, this Civil Miscellaneous Appeal is partly allowed
and the compensation of Rs.1,95,395/- awarded by the Tribunal is hereby
enhanced to a sum of Rs.2,45,395/-. The 2nd respondent/Insurance
Company is directed to deposit the enhanced compensation amount of
Rs.2,45,395/- to the credit of M.C.O.P.No.302 of 2011 on the file of the
Motor Accident Claims Tribunal, I Additional Sub-Court, Villupuram,
together with interest @ 7.5% per annum from the date of claim petition till
the date of deposit and costs as awarded by the Tribunal, less, the amount,
if any already deposited, within a period of four weeks from the date of
receipt of a copy of this Judgement and recover the same from the 1 st
respondent/owner of the Auto. On such deposit being made, the claimant is
permitted to withdraw the amount now determined by this Court, along with
interest and costs, after adjusting the amount, if any already withdrawn. No
costs.
27.04.2022
Index : Yes/No
Speaking / Non-speaking order
ssn
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C.M.A.No.4709 of 2019
To
1. The Motor Accident Claims Tribunal,
(1st Additional Sub-Court),
Villupuram.
2. The Section Officer,
V.R.Section,
High Court of Madras,
Chennai.
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C.M.A.No.4709 of 2019
P.T.ASHA, J.,
ssn
C.M.A.No.4709 of 2019
27.04.2022
https://www.mhc.tn.gov.in/judis
