Madras High Court
Subramani vs Delhi Babu on 11 January, 2022
C.M.A.No.2728 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.2728 of 2009
Subramani .. Appellant
Vs.
1.Delhi Babu
(R1 was set exparte before the Tribunal)
2.Divisional Manager
United India Insurance Company Ltd.
No.46, Katpadi Road
Vellore. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree dated 12.02.2007 made
in MACT.O.P.No.884 of 2003 on the file of Motor Accident Claims Tribunal,
Principal Sub Court, Tiruvannamalai.
1/9
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C.M.A.No.2728 of 2009
For Appellant : Mr.F.Terry Chellaraja
for Ms.M.Malar
For R2 : Mr.J.Chandran
JUDGMENT
(This matter is heard through “Video-conferencing”)
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the Tribunal in the award dated 12.02.2007 made in
MACT.O.P.No.884 of 2003 on the file of Motor Accident Claims Tribunal,
Principal Sub Court, Tiruvannamalai.
2.The appellant is the claimant in MACT.O.P.No.884 of 2003 on the
file of Motor Accident Claims Tribunal, Principal Sub Court, Tiruvannamalai.
He filed the said claim petition claiming a sum of Rs.5,00,000/- as
compensation for the injuries sustained by him in the accident that took place
on 12.02.2003.
3.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
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C.M.A.No.2728 of 2009
the driver of the van belonging to the 1st respondent and directed the 1st
respondent as well as the 2nd respondent/Insurance Company being insurer of
the said van to jointly and severally pay a sum of Rs.2,05,000/- as
compensation to the appellant.
4.Not being satisfied with the amounts awarded by the Tribunal, the
appellant has come out with the present appeal for enhancement of
compensation.
5.The learned counsel appearing for the appellant contended that in the
accident, appellant suffered shaft of humerus (middle 1/3rd left) and 6, 7 and 8
right ribs with hydrothorax and underwent surgery. He has taken treatment as
in-patient in Ramachandra hospital for 30 days. P.W.2/Doctor examined the
appellant and certified that he suffered 40% disability. The Tribunal has not
granted any amount towards disability. The appellant produced Exs.P12 and
P13/medical bills to show that he has spent a sum of Rs.2,13,860.10 towards
medical expenses. But the Tribunal granted only a sum of Rs.1,00,000/-
towards medical expenses. The amounts granted by the Tribunal towards pain
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C.M.A.No.2728 of 2009
and suffering, attendant charges, transportation, loss of income and future
damages are meagre and prayed for enhancement of compensation.
6.The learned counsel appearing for the 2nd respondent/Insurance
Company made his submissions in support of the award passed by the
Tribunal and prayed for dismissal of the appeal.
7.The 1st respondent, owner of the van, remained exparte before the
Tribunal and hence, notice to the 1st respondent is dispensed with.
8.Heard the learned counsel appearing for the appellant as well as the
learned counsel appearing for the 2nd respondent/Insurance Company and
perused the entire materials on record.
9.From the materials on record, it is seen that it is the case of the
appellant that on the date of accident i.e., on 12.02.2003 at about 11.30 p.m.,
while he was travelling in the jeep bearing Registration No.TN-25G-0135 on
Chengam road, near Dhanakoundan pudur bus stop, the driver of the van
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C.M.A.No.2728 of 2009
bearing Registration No.TN-32X-6868 belonging to the 1st respondent, who
was coming in the opposite direction, drove the same in a rash and negligent
manner, dashed against the jeep and caused the accident. In the said accident,
the appellant and others suffered injuries. The Tribunal considering the
pleadings and evidence let in by the appellant, held that the accident has
occurred due to rash and negligent driving by the driver of the van belonging
to the 1st respondent and both the 1st respondent as well as the insurer of the
van are liable to pay the compensation.
9(i).In the accident, the appellant suffered fracture of left humerus and
right ribs 6, 7 and 8. To prove the nature of injuries, the appellant examined
the Doctor as P.W.2 and marked the disability certificate as Ex.P17.
P.W.2/Doctor examined the appellant and certified that he suffered 40%
disability. Initially, the appellant has taken treatment as in-patient in
Government Hospital, Tiruvannamalai, subsequently, in Sri Ramachandra
Hospital, Porur, from 12.02.2003 to 14.03.2003 and spent a sum of
Rs.2,13,816.10 towards medical expenses. The appellant has produced
Exs.P7/discharge summary, P12 and P13/medical bills to prove the same. At
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C.M.A.No.2728 of 2009
the time of accident, the appellant was working as Tahsildhar and was earning
a sum of Rs.8,000/- per month. The appellant has marked the pay certificate
as Ex.P15 to prove the income. The Tribunal considering the documents,
evidence of P.W.2/Doctor and the evidence of appellant as P.W.1, who
admitted that he is continuing his work as Excise Officer at Valasaravakkam,
Chennai and still he is in Government service, held that after the accident,
earning capacity of the appellant is not affected and there is no record to
show that injuries sustained by the appellant affected his promotion. In view
of such finding, the Tribunal did not adopt multiplier method to award
compensation and awarded a sum of Rs.75,000/- towards future damages and
for two fractures. The accident is of the year 2003. The appellant is entitled to
compensation only at Rs.1,000/- per percentage. The Tribunal granted a sum
of Rs.75,000/- towards future damages and Rs.15,000/- towards loss of
income. There is no evidence to prove that the appellant lost income during
treatment period. The appellant has not filed any document to show that he
was on loss of pay during treatment period. Further the Tribunal considering
the nature of injuries and period of treatment taken, awarded a sum of
Rs.5,000/- each towards pain and suffering, attendant charges and
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C.M.A.No.2728 of 2009
transportation. The appellant has produced Exs.P12 and P13/medical bills to
show that he spent a sum of Rs.2,13,816.10 towards medical expenses. The
Tribunal rejected those documents on the ground that the appellant is
claiming double claim of medical expenses by producing receipt as well as
bill. The Tribunal considering the document filed by the appellant to prove
that he has produced receipt for Rs.18,000/-, granted a sum of Rs.1,00,000/-
towards medical expenses excessively. In view of excess amounts granted by
the Tribunal towards future damages, loss of income and medical expenses,
the appellant is not entitled for any enhancement of compensation.
10.For the above reasons, this Civil Miscellaneous Appeal is dismissed
and the sum of Rs.2,05,000/- awarded by the Tribunal as compensation to the
appellant along with interest (excluding the interest for the period from
23.11.2005 to 05.12.2006) and costs is confirmed. Both the respondents are
jointly and severally directed to deposit the entire amount awarded by the
Tribunal along with interest and costs, less the amount already deposited, if
any, within a period of six weeks from the date of receipt of a copy of this
judgment. On such deposit, the appellant is permitted to withdraw the entire
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C.M.A.No.2728 of 2009
amount awarded by the Tribunal along with interest and costs, less the
amount if any, already withdrawn. No costs.
11.01.2022
Index : Yes / No
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To
1.The Principal Subordinate Judge
Motor Accident Claims Tribunal
Tiruvannamalai.
2.The Section Officer
VR Section
High Court
Madras.
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C.M.A.No.2728 of 2009
V.M.VELUMANI,J.
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C.M.A.No.2728 of 2009
11.01.2022
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