Madras High Court
R.Vairavel vs V.Malarvizhi on 19 January, 2022
C.M.A.No.4128 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.4128 of 2019
R.Vairavel ... Appellant
Vs.
1.V.Malarvizhi
2.United India Insurance Co. Ltd,
104-A, Peramanur Main Road,
Peramanur, Salem.
... Respondent
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 to enhance the award dated 05.06.2018 in MCOP No.244 of
2015 on the file of the Motor Accident Claims Tribunal and Special Sub Judge
No.2, Salem.
For Appellant : Mr.A.Sathishkumar
For Respondents : Mr.C.Paranthaman for R2
No appearance for R1
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.No.4128 of 2019
JUDGMENT
[Judgment of the Court was delivered by V.SIVAGNANAM, J.]
This appeal has been preferred by the claimant in MCOP No.244 of 2015
on the file of the Motor Accident Claims Tribunal, Special Sub Judge No.2, Salem,
seeking enhancement of compensation.
2.The facts of the case in nutshell:-
This is the case of injury. On 16.11.2014, at 11.00 p.m, the claimant
Vajravel was riding his Passion Pro motorcycle bearing Reg.No.TN-33-AP-7337
on Bavani – Mettr Main Road. When he was nearing Union Kottai Amman Kovil,
a Tipper lorry bearing Reg.No.TN-30-S-3813 driven by its driver in a rash and
negligent manner, dashed his vehicle. In the accident, he sustained grievous
injuries and suffered permanent disability. At the time of accident, he was a
weaver and having power-looms and thereby, he was earning Rs.25,000/- per
month. The respondents 1 and 2 are the owner and the insurer of the of the
Tipper Lorry. Alleging that the accident had occurred only due to the rash and
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C.M.A.No.4128 of 2019
negligent driving of the driver of the Tipper Lorry, the claimant laid a claim
petition before the Tribunal claiming compensation of Rs.25,00,000/-.
3.The claim petition was resisted by the second respondent Insurance
Company contending that the accident had occurred due to the negligence of the
claimant and the Insurance Company is not liable to pay compensation.
4.During the Trial, both parties have adduced oral and documentary
evidence. Upon consideration of evidence adduced by the parties, the Tribunal
came to the conclusion that the accident occurred due to the negligence of the
driver of the Tipper Lorry and awarded compensation of Rs.21,62,908/- together
with interest at the rate of 7.5% per annum. Being dissatisfied with the award, the
claimant is before this Court.
5.Mr.C.Thangaraju, learned counsel appearing for the appellant/claimant
would submit that the accident had took place in the year 2014 and at that time,
the appellant was the weaver and owner of a powerloom factory and thereby, he
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C.M.A.No.4128 of 2019
was earning Rs.25,000/- per month, but the Tribunal without considering the
same, arbitrarily fixed the income at Rs.6,500/- and awarded Rs.7,54,065/-
towards loss of earning capacity, which is very meager. He would further submit
that the appellant had undergone various surgeries for head and chest injuries
right femur and left fibular and the Coimbatore Medical Centre had issued an
estimate for future medical charges for Rs.3,00,000/-, however, the Tribunal had
not taken into consideration about the future medical expenses. He would further
submit that the Tribunal has not awarded sufficient amount under the head of pain
and suffering, loss of amenities and attendant charges, hence, he seeks
enhancement of compensation.
6.Per contra, the learned counsel appearing for the 2nd respondent/Insurance
Company submitted that the impugned award granting the aforesaid
compensation is well reasoned and it requires no interference and therefore, this
Civil Miscellaneous Appeal is liable to be dismissed.
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C.M.A.No.4128 of 2019
7.We have considered the rival submissions of the learned counsel
appearing on either side and perused the materials available on records.
8.In the instant case, the accident had taken place in the year 2014. Even
though the claimant is the owner of the powerloom factory, he was working as a
weaver in his factory, but the Tribunal without considering the same, fixed the
notional income of the claimant as Rs.6,500/-. We are of the view that the
monthly income fixed by the Tribunal is very low. Hence, considering the price
index prevailing in the year 2014, this Court fixes the monthly notional income of
the claimant as Rs.9,000/-. As per the decision of Pranay Sethi (cited supra), the
claimant is entitled to 25% addition as future prospects. The claimant suffered
52% disability, which is proved by Ex.P.14. Hence, after adding 25% of the
income and by applying multiplier '15', this Court here awards Rs.10,53,000/-
(9000+2250(25%)=11250x12x15x52/100) towards loss of earning capacity.
Further, considering the age of the injured, the nature of injuries sustained by him
and the period of treatment, the amount of Rs.50,000/- awarded under the head of
pain and suffering is enhanced to Rs.1,00,000/-; the amount of Rs.50,000/-
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C.M.A.No.4128 of 2019
awarded under the head of loss of amenities is enhanced to Rs.1,00,000/- and the
amount of Rs.25,000/- awarded under the head of attendant charges is enhanced
to Rs.1,00,000/-. Further, the amounts awarded under the head of medical
expenses, extra nourishment, transportation and damage of cloths are confirmed.
That apart, this Court awards Rs.50,000/- towards future medical expenses. The
rate of interest fixed by the Tribunal as 7.5% is unaltered. Accordingly, the
compensation awarded by the Tribunal to the claimant is re-quantified as follows:-
Amount awarded Re-quantified Amount
Heads Status
by the Tribunal by this Court
Loss of earning capacity 7,54,065/- 10,53,000/- enhanced
Pain and Suffering 50,000/- 1,00,000/- enhanced
Loss Amenities 50,000/- 1,00,000/- enhanced
Medical Expenses 12,53,343/- 12,53,343/- confirmed
Transportation 15,000/- 15,000/- confirmed
Extra nourishment 15,000/- 15,000/- confirmed
Attendant charges 25,000/- 1,00,000/- enhanced
Damage of Cloths 500/- 500/- confirmed
Future medical expenses Nil 50,000/- granted
Total 21,62,908/- 26,86,843/-
5,24,092/- is
Rounded off 26,87,000/-
enhanced
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C.M.A.No.4128 of 2019
9.In such view of the matter, this Civil Miscellaneous Appeal is partly
allowed. The second respondent/Insurance Company is directed to deposit the
modified award amount with accrued interest and costs, less the amount 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 together with proportionate interest and costs. No costs.
[M.K.K.S.,J.] [V.S.G.,J.]
19.01.2022
skn
Intex : Yes/No
Internet : Yes/No
To
1.The Motor Accident Claims Tribunal
and Special Sub Judge No.2, Salem.
2.V.R.Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.4128 of 2019
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
JUDGMENT MADE IN
C.M.A.No.4128 of 2019
19.01.2022
https://www.mhc.tn.gov.in/judis
