Madras High Court
M.Bharath vs Suresh (Died) Abated on 7 July, 2022
C.M.A.No.742 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.07.2022
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.M.A.No.742 of 2021
M.Bharath ... Appellant / Petitioner
Vs
1.Suresh (died) Abated
2.The Divisional Manager
TATA AIG General Insurance
Company Limited
North Block, 3rd Floor, AA Tower
No.4 & 5 Bye Pass Road
Madurai – 625 016. ... Respondents / Respondents
[Appeal abated against R1 vide Court order
dated 27.04.2022 made in CMA.No.742 of 2021]
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1989 (Act IV of 1939) praying to set aside the award and
1/7
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C.M.A.No.742 of 2021
decree made in MCOP.No.1035 of 2015 dated 21.11.2019 on the file of
the Motor Accident Claims Tribunal / Chief Judicial Magistrate,
Perambalur.
For Appellant : Mr.D.Boopal
For Respondents : Mr.K.Vinod for R2
R1 – Dismissed as abated
JUDGMENT
The claimant has filed the appeal challenging the award of the Motor
Accident Claims Tribunal, Perambalur in M.C.O.P.No.1035 of 2015 on the
ground of quantum, particularly with reference to the amount awarded
under the head of disability.
2. Without traversing into the facts of the case, suffice it to deal with
the issue on hand, which is the quantum of compensation.
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C.M.A.No.742 of 2021
3. The appellant had suffered injuries in a road accident at 8.30 a.m.,
on 04.07.2015. The discharge summary is marked as Ex.P3. A perusal
of Ex.P3, discharge summary, would indicate that the petitioner/appellant
has been rendered immobile from his hip down as the injury was to the
spinal cord. The Medical Board assessed the disability at 80% stating that
there was a permanent disablement of both the lower limbs. The appellant
on the date of the accident was just 19 years old and doing a course in civil
engineering. Despite the fact that the disability suffered by him is a
permanent one as opined by the Medical Board, the Tribunal has granted
compensation adopting a percentage method, which is rather strange. A
mere perusal of the injuries sustained would clearly indicate that there is
nearly a total loss of earning capacity. Therefore, the award of the
Tribunal under that head calculating compensation on a percentage basis is
erroneous and has to be revised.
4. Taking into account the year of accident and the educational
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C.M.A.No.742 of 2021
qualification and age of the appellant, the notional income can be fixed at a
sum of Rs.12,000/- per month, to which future prospects of 40% has to be
added. The notional income would therefore come to Rs.16,800/- per
month(Rs.12,000/- x 40%). Considering the age of the appellant, multiplier
18 has to be adopted. Therefore, the amount under the head of 'loss of
earning capacity' would be Rs.29,03,040/- (Rs.16,800 x 12 x 18x 80%).
5. That apart, the Tribunal has only awarded a sum of Rs.20,000/-
under the head of pain and suffering. Considering the injury and the period
of stay at the hospital, the amount under this head is also enhanced to a
sum of Rs.30,000/-.
6. In all other aspects, the award of the Tribunal stands confirmed.
Thus the compensation amount is now enhanced from Rs.5,75,000/- to
Rs.32,48,040/- and the compensation is reworked as follows :
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C.M.A.No.742 of 2021
Heads of compensation Amount Enhanced Award
awarded by Amount
Tribunal (Rs.)
(Rs.)
Pain and suffering 20,000/- 30,000/-
Nourishment and Transportation 25,000/- 25,000/-
Mental Agony 20,000/- 20,000/-
Attendant charges 25,000/- 25,000/-
Medical Bills (Ext.P15 & Ext.P16) 2,25,000/- 2,25,000/-
Loss of earning 2,40,000/- 29,03,040/-
Basic amenities 20,000/- 20,000/-
Total : 5,75,000/- 32,48,040
The appeal is modified in the above lines and the compensation is
enhanced to Rs.32,48,040/- .
7.The appeal is allowed and the impugned Award of the Tribunal is
modified, enhancing the compensation amount from Rs.5,75,000/- to
Rs.32,48,040/-. The respondent-Insurance Company is directed to deposit
the said amount to the credit of M.C.O.P.No.1035 of 2015 along with
interest at the rate of 7.5% per annum from the date of claim petition till the
date of deposit and costs as awarded by the Tribunal, less, the amount, if
any already deposited, within a period of six weeks from the date of receipt
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C.M.A.No.742 of 2021
of a copy of this judgment. On such deposit being made, the claimant is
permitted to withdraw the award amount, along with accrued interest and
costs as awarded by the Tribunal, less, the amount, if any already
withdrawn, by filing necessary application before the Tribunal. The
claimant is directed to pay the Court fee for the enhanced compensation
amount, if required. The Tribunal below shall not disburse the enhanced
amount till such time the certified copy showing proof of payment of Court
fee has been produced by the claimant. There shall be no order as to costs
in the present appeal.
07.07.2022
Index : Yes/No
Speaking order/non-speaking order
ds
To
1.The Chief Judicial Magistrate
Motor Accident Claims Tribunal, Perambalur.
2.The Section Officer
V.R.Section, High Court, Madras.
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C.M.A.No.742 of 2021
P.T.ASHA, J.,
ds
C.M.A.No.742 of 2021
07.07.2022
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