Madras High Court
S.Dhakshinamoorthy vs G.Sugumar on 11 January, 2022
C.M.A.No.3032 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.3032 of 2018
S.Dhakshinamoorthy ... Appellant
Vs.
1.G.Sugumar
2.L.M.Kanam Palanisamy
3.United India Insurance Company Limited,
No.5, Periya Kadai Veethi,
Dharapuram,
Tiruppur District.
... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 to enhance the compensation amount awarded in the Fair and
Final Order dated 27.08.2018 made in MCOP No.1235 of 2012 on the file of the
Motor Accident Claims Tribunal, Dharapuram.
1/7
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C.M.A.No.3032 of 2018
For Appellant : Mr.D.Raghu
For Respondents : Mr.S.Arunkumar (for R3)
JUDGMENT
[Judgment of the Court was delivered by V.SIVAGNANAM, J.]
This Civil Miscellaneous Appeal has been filed against the Judgment and
Decree dated 27.08.2018, passed by the Motor Accidents Claims Tribunal, (Sub-
Judge) Dharapuram in M.C.O.P.No.1235 of 2012.
2.This is the case of injury. The case of the claimant is that on 30.12.2011
at 08.30 p.m, he ride his Yamaha RX 135 motorcycle bearing Reg.No.TN-33-E-
4242 on Erode – Vellakovil road and when he was nearing Muthaiyan valasu, a
private bus bearing Reg.No.TN-42-Z-1099 driven by the first respondent in a rash
and negligent manner, dashed against him. In the impact, the claimant fell down
and sustained grievous injuries. Immediately, he was admitted at KMCH Erode
for first aid and thereafter, he was taken to KG Hospital, Coimbatore and still
underwent treatment there. Alleging that the accident had happened only due to
the negligent driving of the driver of the bus, the claimant filed the claim petition.
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C.M.A.No.3032 of 2018
Though he claimed Rs.50,00,000/- as compensation, the Tribunal has awarded
Rs.7,64,063/- together with interest at 7.5% per annum, under the following
heads:-
Heads Rs.
Permanent Disability (Rs.2000 x 30%) 60,000/-
Pain and Suffering 30,000/-
Medical Expenses 5,55,623/-
For Transportation 5,000/-
For Extra Nourishment 5,000/-
Loss of Income 1,03,440/-
For Attendant Charges 5,000/-
Total 7,64,063/-
3.The learned counsel appearing for the appellant/claimant would submit
that after the accident, the claimant was admitted in hospital under unconscious
stage and he was under treatment in Intensive Care Unit for more than two
months and at that time, he was on ventilator support. He would further submit
that as per Disability Certificate (Ex.P.8), the claimant suffered 65% permanent
disability and brain damage, but the Tribunal without considering the same and
by accepting 60% disability, has awarded Rs.60,000/- by applying Rs.2000/- per
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C.M.A.No.3032 of 2018
percentage. He would further submit that the amount awarded by the Tribunal is
meager in all the heads, hence, the claimant is entitled for higher compensation.
4.Per contra, the learned counsel appearing for the third respondent
Insurance Company submitted that the impugned Judgment and Decree awarding
the aforesaid compensation is well reasoned and it requires no interference and
therefore, this Civil Miscellaneous Appeal is liable to be dismissed.
5.This Court carefully considered the submissions of the learned counsel for
the appellant/claimant and the learned counsel appearing for the third
respondent/Insurance Company and perused the materials available on record.
6.A perusal of the Discharge Summary (Ex.P.6) would show that the
claimant suffered head injury, fracture in right clavicle and developed stiff person
syndrome. Further, it is evident from the Disability Certificate (Ex.P.8) that the
claimant suffered brain damage, which eventually resulted in speech disturbance.
It is also seen that the claimant was inpatient for a period of 40 days. In the
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C.M.A.No.3032 of 2018
instant case, the Tribunal awarded Rs.60,000/- towards permanent disability by
applying Rs.2000/- per percentage. In the latest decisions, this Court awards
Rs.3,000/- per percentage. Further, the Tribunal has not awarded any amount
under the head of loss of amenities. Therefore, considering the nature of the
injuries and disability sustained by the claimant and period of treatment, the
compensation awarded by the Tribunal to the appellant is enhanced as follows:-
Heads Rs.
Permanent Disability (Rs.3000 x 30%) 90,000/-
Pain and Suffering 35,000/-
Medical Expenses 5,55,623/-
For Transportation 20,000/-
For Extra Nourishment 15,000/-
Loss of Income 1,03,440/-
For Attendant Charges 20,000/-
Loss of Amenities 25,000/-
Total 8,64,063/-
Rounded off 8,64,000/-
7.In such view of the matter, this Civil Miscellaneous Appeal is partly
allowed. The third respondent/Insurance Company is directed to deposit the
modified award amount with 7.5% accrued interest and costs, less the amount
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C.M.A.No.3032 of 2018
already deposited, if any, within a period of eight weeks from the date of receipt of
a copy of this order. On such deposit, the appellant/claimant is permitted to
withdraw the amount, less the amount already withdrawn if any, by filing suitable
application before the Tribunal. No costs.
[M.K.K.S.,J.] [V.S.G.,J.]
11.01.2022
Intex : Yes/No
Internet : Yes/No
skn
To
1.The Motor Accidents Claims Tribunal,
Sub-Judge, Dharapuram.
2.The Section Officer,
V.R.Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.3032 of 2018
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
JUDGMENT MADE IN
C.M.A.No.3032 of 2018
11.01.2022
https://www.mhc.tn.gov.in/judis
