Madras High Court
Vinukumar vs Rukmani on 2 February, 2022
CMA(MD)No.580 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.02.2022
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
CMA(MD)No.580 of 2021
Vinukumar
... Appellant
vs.
1.Rukmani
2.United India Insurance Company Limited,
Through its Branch Manager,
Office at Thiruppur. ... Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Judgment and decree dated
06.04.2018 in MCOP.No.1222/2016 on the file of the Motor Accidents
Claims Tribunal, Principal District Court, Tirunelveli.
For Appellant :Mr.T.Selvakumaran
For Respondents : Mr.J.S.Murali for R2
No appearance for R1
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CMA(MD)No.580 of 2021
JUDGMENT
The appellant filed this appeal against the Judgment and decree
dated 06.04.2018 in MCOP.No.1222/2016 on the file of the Motor
Accidents Claims Tribunal, Principal District Court, Tirunelveli.
2. On 01.04.2016, at about 05.00 am, the appellant / claimant was
riding a motorcycle bearing Registration No.TN 74 AC 0043 from
Kavalkinaru to Nagercoil. When the appellant / claimant was nearing
Visuvasapuram bus stop, a lorry bearing Registration No.TN 42 H 7171,
proceeding ahead of the motorcycle, driven by its driver in a rash and
negligent manner, was suddenly stopped without indication and turned
towards right side, as a result of which, the lorry dashed against the front
side of the motorcycle and the appellant / claimant was thrown out from
the vehicle and sustained multiple injuries on his body. Therefore, he
filed MCOP.No.1222/2016 before the Motor Accidents Claims Tribunal,
Principal District Court, Tirunelveli claiming compensation for the
injuries sustained by him.
3. The Tribunal after perusing the materials on record, awarded a
sum of Rs.2,15,000/- together with interest at the rate of 7.5% per annum
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CMA(MD)No.580 of 2021
to the appellant / claimant as compensation. Seeking enhancement of the
awarded compensation, the appellant / claimant has filed this appeal.
4. The learned counsel appearing for the appellant would submit
that the appellant / claimant was a Cook Master, earning a sum of Rs.
15,000/- per month. The Tribunal notionally fixed his income as Rs.
7,500/- per month which is very meagre. Though the appellant / claimant
sustained multiple grievous injuries, the Tribunal awarded only a sum of
Rs.30,000/- towards pain and sufferings. The Tribunal has not granted
any compensation under the head loss of amenities. The compensation
awarded under the heads extra nourishment and attendant's chargers are
also meagre and hence, they should be enhanced.
5. The learned counsel appearing for the second
respondent/Insurance Company submitted that the Tribunal after
analysing the evidences and documents on record, awarded a just
compensation and the same need not be enhanced.
6. According to the appellant / claimant he was a Cook Master,
earning a sum of Rs.15,000/- per month. However, he has not adduced
any proof for his avocation. The accident is of the year 2016 and he was
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CMA(MD)No.580 of 2021
aged 33 years. Hence, the Tribunal was right in fixing his notional
income as Rs.7,500/- per month. PW2 Doctor has given evidence about
the injuries sustained by the appellant / claimant. He has stated that the
appellant / claimant has sustained fracture of left tibial condyle and the
joint is likely to degenerate in future. Skin grafting was done to him at
the left leg and the grafted area is likely to break easily and there would
be blunted sensation. Further, amputation was done at his right ring
finger at the level of middle phalanx. From the PW2 Doctor evidence, it
can be concluded that the appellant / claimant sustained injuries and
fractures, which are grievous in nature. Further, his right ring finger at
the level of middle phalanx was amputated. He has also sustained some
other injuries on his body. Hence, a sum of Rs.30,000/- awarded by the
Tribunal is definitely meagre and this Court is inclined to award a sum of
Rs.1,00,000/- towards pain and sufferings. The Tribunal has not granted
any amount towards loss of amenities. Considering the nature of
injuries, fractures and amputation, this Court is of the opinion that this is
a fit case for granting compensation under the head loss of amenities.
Accordingly, Rs.30,000/- is granted towards loss of amenities. All the
other heads awarded by the Tribunal are hereby confirmed. The award
passed by this Court under various heads is extracted hereunder.
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CMA(MD)No.580 of 2021
S.No. Head Amount granted
by this court
1 Permanent disability Rs.1,05,000/-
2 Pain and sufferings Rs.1,00,000/-
3 Extra nourishment Rs.15,000/-
4 Transport to Hospital Rs.5,000/-
5 Loss of income during period of Rs.30,000/-
disablement
6 Attendant expenses during the Rs.30,000/-
period of treatment
7 Loss of amenities Rs.30,000/-
Total Rs.3,15,000/-
It is made clear that, as per the order of this Court dated 17.06.2021, in
CMP(MD)No.5702 of 2020, the appellant / claimant is not entitled to
interest for the delay period of 800 days.
7. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed. No costs.
(ii) The compensation awarded by the Tribunal is enhanced from
Rs.2,15,000/- to Rs.3,15,000/-.
(iii) The appellant / claimant is directed to pay court fee for the
enhanced compensation amount, if any.
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CMA(MD)No.580 of 2021
S.ANANTHI, J.
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(iv) The second respondent is directed to deposit the enhanced
compensation amount i.e., Rs.3,15,000/- (less the amount already
deposited, if any) together with interest at the rate of 7.5% per annum
from the date of claim petition till the date of deposit ( exempting interest
for the delay period of 800 days) to the credit of MCOP.No.1222/2016 on
the file of the Motor Accident Claims Tribunal, Principal District Court,
Tirunelveli within a period of six weeks from the date of receipt of a
copy of this order.
(v) On such deposit being made, the appellant / claimant is at
liberty to withdraw the same after following due process of law.
02.02.2022
Index : Yes/No
Internet : Yes/No
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To
The Motor Accidents Claims Tribunal,
Principal District Court, Tirunelveli
CMA(MD)No.580 of 2021
https://www.mhc.tn.gov.in/judis
