Madras High Court
Ch.Kishore Kumar vs M/S.Macro Advanced Systems on 9 February, 2022
C.M.A.No.1563 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.02.2022
CORAM
THE HONOURABLE MS.JUSTICE P.T.ASHA
C.M.A.No.1563 of 2019
(Through Video Conferencing)
CH.Kishore Kumar ... Appellant
Vs.
1.M/s.Macro Advanced Systems
& Software Pvt. Ltd.,
No.AE, 9, New No.13,
2nd Floor, 6th Street, 10th Main Road,
Anna Nagar, Chennai – 600 040.
2.United India Insurance Co. Ltd.,
C-1, (Old No.C-52), First Main Road,
1st Floor, Anna Nagar, Chennai 102. ... Respondents
Civil Miscellaneous Appeal field under Section 173 of the Motor
Vehicles Act, 1988 against the Award and Decree passed by the Motor
Accidents Claims Tribunal / 3rd Small Causes Court Judge, Chennai made
in M.C.O.P.No.4012 of 2007 dated 30.02.2012 in so far as awarding
lesser compensation is concerned.
______________
https://www.mhc.tn.gov.in/judis
Page No 1 of 10
C.M.A.No.1563 of 2019
For Appellant : Mr.N.S.Sivakumar
For R2 : Mr.P.Sankaranarayanan
R1 : Not ready in notice
JUDGMENT
The claimant is the appellant seeking an enhancement of
compensation granted to him by the Motor Accident Claims Tribunal (III
Small Causes Court) Chennai (hereinafter referred to as “Tribunal” for
brevity) vide order dated 30.03.2012 in M.C.O.P.No.4012 of 2007.
2. The brief facts preceding the filing of the present appeal are as
follows:-
i. The appellant / claimant had sustained injuries in a road traffic
accident on 07.03.2007 involving the vehicle belonging to the
first respondent and insured with the second respondent. The
appellant had claimed a total amount of Rs.2,50,000/- as
compensation.
ii. The first respondent had filed counter mulcting the entire
liability for the accident upon the appellant / claimant by
contending that the vehicle of the first respondent was driven in
a very careful manner by its driver and it is the appellant's
______________
https://www.mhc.tn.gov.in/judis
Page No 2 of 10
C.M.A.No.1563 of 2019
vehicle which had suddenly come in the way of the driver of first
respondent's vehicle causing the accident. Therefore, the
accident has occurred only on account of the appellant's
negligence.
iii. The second respondent had filed counter stating that the vehicle
did not possess a valid Insurance Policy and the driver of the
vehicle bearing registration No.TN-02-J-7837 of the first
respondent did not possess a valid and effective driving licence
and therefore they have denied the liability. That apart, it was
stated that the rate of interest sought for by the
appellant/claimant was on the higher sider as the Hon'ble Apex
Court and Various High Courts held that the rate of interest
would be only on par with the rate of interest of nationalised
banks. In this regard, the rate of interest on the date of filing of
the claim petition was only at 5.5% per annum.
iv. The Tribunal on considering the evidences on record awarded
the following compensation:-
Sl. Heads Amount
No.
1 Loss of income for one month Rs.10,000/-
2 Transportation Rs. 3,000/-
3 Extra Nourishment Rs. 1,000/-
4 Damage to clothes Rs. 1,000/-
______________
https://www.mhc.tn.gov.in/judis
Page No 3 of 10
C.M.A.No.1563 of 2019
Sl. Heads Amount
No.
5 Medical Expenses Rs. 5,000/-
6 Future Medical Expenses Rs.10,000/-
7 Pain and suffering Rs. 5,000/-
8 Disability of 30% at the rate of
Rs.2,000/- per disability Rs.60,000/-
Total Rs.95,000/-
3. Challenging the said order, the appellant/claimant has come
forward seeking an enhancement of further sum of Rs.1,00,000/-.
4. The learned counsel appearing on behalf of the appellant /
claimant would submit that the appellant had sustained serious injuries, for
which, he had been admitted in the hospital, where, he had to undergo
surgery and plate has been inserted. The learned counsel for the appellant /
claimant would submit that on account of the disability, he is not able to
work like before and also he is unable to sit down like he used to do
earlier.
5. It is submitted that the Tribunal has not taken note of the fact that
the appellant had to stay away from his office, as a result of which, there is
______________
https://www.mhc.tn.gov.in/judis
Page No 4 of 10
C.M.A.No.1563 of 2019
a loss of income at least for a period of three months and a meagre amount
of Rs.10,000/- has been awarded under the head of loss of income for the
period of one month.
6. The learned counsel for the appellant / claimant would submit that
under the heads of Medical Expenses and Future Medical Expenses, a very
paltry sum has been awarded by the Tribunal. He would further argue that
the Tribunal has not taken note of the fact that there is definite possibility
of the appellant undergoing future treatment as the plate inserted had to
remove and additional expenses had to incur. Only a sum of Rs.10,000/-
under head of Future Medical Expenses has been awarded which is very
very low and even under the head of Medical Expenses which is expensive
from the date of the accident till the date of filing of the claim petition, only
a sum of Rs.5,000/- has been awarded. Therefore, the appellant seeks for
enhancement of compensation.
7. Per contra, Mr.P.Sankaranarayan the learned counsel appearing
for the second respondent Insurance Company would submit that there is
no evidence on the side of the appellant / claimant to show what future
______________
https://www.mhc.tn.gov.in/judis
Page No 5 of 10
C.M.A.No.1563 of 2019
medical expenses is likely to be incurred and even with reference to the
Medical Expenses already incurred, he would submit there is no evidence
except the discharge summary and under the two heads, the amount cannot
be revised. He would also submit that with reference to the loss of
income, the discharge summary which has been produced by the appellant
/ claimant and marked as Ex.P4 would show that he was admitted in the
hospital and discharged within a period of five days and therefore, the
amount awarded under the head of loss of income is perfectly in order.
Therefore, the learned counsel for the second respondent Insurance
Company prays for dismissal of this present appeal confirming the amount
awarded by the Tribunal.
8. Heard the learned counsel for the petitioner and the second
respondent and perused the records.
9. It is admitted fact that the appellant had sustained a fracture of
tibia and fibula right leg which is evident from Ex.P7 Disability Certificate
and from the extraction of the learned Judge of the Tribunal. It can be
safely concluded that the appellant could not have gone for work
______________
https://www.mhc.tn.gov.in/judis
Page No 6 of 10
C.M.A.No.1563 of 2019
immediately as he would have to recover and get the fracture bones
reunited. It would take a minimum period of three months for the above.
10. Therefore, this Court is of the view that an additional sum of
Rs.20,000/- be added under the head of loss of income by taking into
account the fact that for the period of three months, the appellant could not
have gone to work and therefore, compensation under the head of loss of
income for the period of three months would be a sum of Rs.30,000/-
(Rs.10,000/- x 3).
11. Under the head of transportation, only a sum of Rs.3,000/- has
been awarded. The Tribunal has not taken into consideration of the fact
that the appellant / claimant would have travelled to the hospital for
attending to his fracture and he would not have travelled alone. He would
also have to incur future expenses when he has to go to remove the plate
and therefore, additional sum of Rs.2,000/- can be awarded under the head
of transportation.
______________
https://www.mhc.tn.gov.in/judis
Page No 7 of 10
C.M.A.No.1563 of 2019
12. A sum of Rs.5,000/- has been awarded under the head of
Medical Expenses. The appellant / claimant was inpatient at Appollo
Hopital for five days for which he would definitely have incurred
expenses. As no further documents have been filed, taking into account
the fact that the appellant/claimant was inpatient in the hospital for a period
of five days, another sum of Rs.5,000/- is granted under the head of
Medical Expenses.
13. As regards the other heads, the compensation granted by the
Tribunal is fair. Therefore, the revised compensation would be as follows:-
Sl. Heads Amount awarded Revised amount
No. by the Tribunal of this Court.
1 Loss of income * Rs.10,000/- # Rs.30,000/-
2 Transportation Rs. 3,000/- Rs. 5,000/-
3 Extra Nourishment Rs. 1,000/- Rs. 1,000/-
4 Damage to clothes Rs. 1,000/- Rs. 1,000/-
5 Medical Expenses Rs. 5,000/- Rs.10,000/-
6 Future Medical Expenses Rs.10,000/- Rs.10,000/-
7 Pain and suffering Rs. 5,000/- Rs. 5,000/-
8 Disability of 30% at the rate of
Rs.2,000/- per disability Rs.60,000/- Rs.60,000/-
Total Rs.95,000/- Rs.1,22,000/-
* (Rs.10,000/- x 1 Month = Rs.10,000/-)
______________
https://www.mhc.tn.gov.in/judis
Page No 8 of 10
C.M.A.No.1563 of 2019
# (Rs.10,000/- x 3 Months = Rs.30,000/-)
Thus, a sum of Rs.95,000/- awarded by the Tribunal is enhanced by
another sum of Rs.27,000/-.
14. It is also brought to the notice of this Court that this appeal has
been filed with a delay of 491 days and therefore, the appellant/claimant
will not be entitled to the interest at 7.5% per annum for the period of 491
days.
15. The second respondent Insurance Company is directed to
deposit a sum of Rs.1,22,000/-, less amount already deposited, if any,
within a period of four weeks from the date of receipt of a copy of this
Judgment. The second respondent Insurance Company is also directed to
pay the interest at 7.5% per annum for the amount of Rs.1,12,000/-
(Rs.1,22,000 - Rs.10,000 awarded towards Future Medical Expenses)
from the date of claim petition till the date of deposit except the default
period of 491 days and costs, if any, within the aforesaid period.
______________
https://www.mhc.tn.gov.in/judis
Page No 9 of 10
C.M.A.No.1563 of 2019
P.T.ASHA, J.
jen
16. The appellant / claimant is permitted to withdraw the aforesaid
amount along with interest and costs if any, less amount already withdrawn
if any, by filing suitable application before the Tribunal.
17. This Civil Miscellaneous Appeal is partly allowed with the
above directions. No costs.
09.02.2022
Index : Yes/No
Internet : Yes/No
jen
To
1.Motor Accidents Claims Tribunal /
III Small Causes Court Judge,
Chennai.
2.The Section Officer,
V.R.Section, Madras High Court.
C.M.A.No.1563 of 2019
______________
https://www.mhc.tn.gov.in/judis
Page No 10 of 10
