Madras High Court
C.Elango vs V.Mohan on 28 January, 2022
CMA(MD)No.872 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.01.2022
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
CMA(MD)No.872 of 2019
C.Elango
... Appellant
vs.
1.V.Mohan
2.I.Sundarmathavan
3.The Branch Manager,
United India Insurance Co. Ltd.,
Nagercoil, Agasteeswaram Taluk,
Kanyakumari District. ... Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 (1) of the
Motor Vehicles Act, 1988 against the Judgment and decree dated
18.10.2016 in MCOP.No.16/2016 on the file of the Motor Accidents
Claims Tribunal, Special Court, Nagercoil.
For Appellant :Mr.D.Saravanan
For Respondents : Mr.J.S.Mathialagan for R3
No appearance for R1 and R2
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CMA(MD)No.872 of 2019
JUDGMENT
The appellant filed this appeal to set aside the Judgment and
decree dated 18.10.2016 in MCOP.No.16/2016 on the file of the Motor
Accidents Claims Tribunal, Special Court, Nagercoil.
2. On 10.09.2015, at about 08.15 pm, the appellant / claimant was
riding a two wheeler bearing Registration No.TN 75 F 2575 towards
Beach Road Junction. At that time, another two wheeler bearing
Registration No.TN 74 AA 2113 ridden by its rider in a rash and
negligent manner, hit the two wheeler ridden by the appellant / claimant,
as a result of which, the appellant / claimant sustained grievous injuries
on his body. Therefore, he filed MCOP.No.16/2016 before the Motor
Accidents Claims Tribunal, Special Court, Nagercoil claiming
compensation for the injuries sustained by him.
3. The Tribunal after perusing the materials on record, awarded a
sum of Rs.2,06,500/- together with interest at the rate of 7.5% per annum
to the appellant / claimant as compensation. Seeking enhancement of the
awarded compensation, the appellant / claimant has filed this appeal.
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CMA(MD)No.872 of 2019
4. The learned counsel appearing for the appellant would submit
that due to the accident, the big toe of the appellant / claimant's right foot
was removed by operation. However, the Tribunal had awarded a meagre
sum of Rs.30,000/- for permanent disability. The appellant / claimant
adduced his Salary Certificate as Ex.P20, which shows that he was
earning a sum of Rs.50,000/- per month. However, the Tribunal has
fixed the monthly income only at Rs.8,000/-, which is very meagre. The
compensation awarded by the Tribunal under other heads are also meagre
and hence, they should be enhanced.
5. The learned counsel appearing for the third
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. A perusal of the Disability Certificate Ex.P14 shows that the
appellant / claimant has suffered 10% permanent disability. The Doctor
who had issued the Disability Certificate has also been examined as PW2
before the Tribunal. The Doctor has stated that the big toe of the right
foot was removed by operation and the appellant / claimant has suffered
10% permanent disability. The accident is of the year 2015. The
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CMA(MD)No.872 of 2019
Tribunal fixed Rs.3,000/- per percentage of disability and awarded a sum
of Rs.30,000/- towards permanent disability. Considering the percentage
of disability and the year of the accident, the sum of Rs.30,000/- granted
towards permanent disability, by fixing Rs.3,000/- per percentage of
disability, cannot be said to be on the lower side and hence, it is hereby
confirmed. The appellant / claimant had contended that he was working
as a Driver in Almeer Technical Services in Kuwait, earning a sum of Rs.
50,000/- per month. In order to substantiate the same, he has adduced a
copy of ID card issued in Kuwait Ex.P19 and Salary Certificate Ex.P20.
He has also marked his driving licence as Ex.P13. Considering the year
of the accident and also the documents filed by the appellant / claimant to
prove his avocation, this Court is of the opinion that Rs.8,000/- fixed by
the Tribunal as monthly income is on the lower side. Hence the same is
hereby enhanced to Rs.12,000/- per month. Accordingly the loss of
income awarded by the Tribunal for 5 months at Rs.40,000/- is hereby
enhanced to Rs.60,000/-. Admittedly, the appellant / claimant has lost
one of the fingers in right foot. The sum of Rs.25,000/- awarded towards
pain and sufferings appears to be meagre and it is hereby enhanced to Rs.
50,000/-. The loss of amenities awarded by the Tribunal at Rs.10,000/- is
also enhanced to Rs.15,000/-. All the other heads awarded by the
Tribunal are hereby confirmed. The award passed by this Court under
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CMA(MD)No.872 of 2019
various heads is extracted hereunder:
S.No. Head Amount granted
by this court
1 Compensation for Injuries Rs.11,000/-
2 Pain and sufferings Rs.50,000/-
3 Transportation Rs.7,500/-
4 Extra nourishment Rs.10,000/-
5 Damage to clothes, watch and Rs.2,500/-
cell phone
6 Permanent disability Rs.30,000/-
7 Loss of income for 5 months Rs.60,000/-
8 Loss of Amenities Rs.15,000/-
9 Medical Bills Rs.68,346.05/-
10 Attendant's charges Rs.1,750/-
Total Rs.2,56,096.05/-
Total compensation rounded off to Rs.2,56,500/-
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.2,06,500/- to Rs.2,56,500/- with interest at the rate of 7.5% per
annum.
(iii) The appellant / claimant is directed to pay court fee for the
enhanced compensation amount, if any.
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CMA(MD)No.872 of 2019
S.ANANTHI, J.
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(iv) The third respondent is directed to deposit the enhanced
compensation amount i.e., Rs.2,56,500/- (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 to the credit of
MCOP.No.16/2016 on the file of the Motor Accident Claims Tribunal,
Special Court, Nagercoil 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.
28.01.2022
Index : Yes/No
Internet : Yes/No
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To
The Motor Accidents Claims Tribunal,
Special Court, Nagercoil
CMA(MD)No.872 of 2019
https://www.mhc.tn.gov.in/judis
