Madras High Court
Anitha vs E.Vasantha Kumar on 1 March, 2022
C.M.A.No.3504 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 01.03.2022
CORAM
THE HONOURABLE Ms.JUSTICE P.T.ASHA
C.M.A.No.3504 of 2019
Anitha ... Appellant
Versus
1.E.Vasantha Kumar
2.National Insurance Company Limited,
(Motor Third Party Cell),
No.751, Anna Salai, 3rd Floor,
Chennai – 600 002. ...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the Judgment and Decree dated 21.07.2016 and
made in M.A.C.T.O.P. No.4927 of 2014 on the file of the Motor Accident
Claims Tribunal, IV Court of Small Causes, Chennai.
For Appellant ... Ms. M.Malar
For Respondents ... Mr.S.Vadivel
for R2
R1- Ex-parte
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.No.3504 of 2019
ORDER
Aggrieved by the meagre compensation passed by the Motor
Accident Claims Tribunal (IV Small Causes Court, Chennai) the claimant is
before this Court.
2. The brief facts preceding the filing of this appeal are as follows:-
2.1 The claimant has sustained injuries in a road accident on
28.04.2014. In the accident, she had suffered the following injuries:
a. Fracture of Pelvis;
b. Fracture of Superior pubic rami right side;
c. Fracture spinous process of C4-C5;
d. Severe head injury;
e. Multiple injuries all over the body.
2.2 The claimant had thereafter filed M.A.C.T.O.P. No.4927 of 2014
seeking compensation for a sum of Rs.15,00,000/- (Rupees Fifteen Lakh).
The petition was filed against the owner of the motorcycle, which had
caused the accident and its insurer. However, both the respondents remained
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C.M.A.No.3504 of 2019
ex-parte and ultimately, ex-parte award came to be passed. The Tribunal
held negligence with the rider of the first respondent vehicle and taking into
account the injuries and the period of treatment, etc., arrived at the
following compensation:
Heads Amount in
Rupees
Disability 1,20,000
Pain and Suffering 35,000
Extra Nourishment 4,000
Transport to Hospital 4,000
Attender Charges 7,400
Medical expenses 5,000
Future Medical Expenses 3,000
Loss of Income 13,000
Loss of Amenities 5,000
Total 1,97,150
Rounded off 1,97,200
Challenging the same the appellant is before this Court.
3. The grievance of the appellant/ claimant are as follows:-
3.1. the notional income that was adopted was only at Rs.5,000/-
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C.M.A.No.3504 of 2019
though the claimant had pleaded that she was a computer operator with
M/s.Venkateswara Enterprises, Maraimalai Nagar, Kanchipuram District
and also doing saree business, through which she would earn a sum of
Rs.13,500/- per month. She would also submit that the Tribunal had not
considered her injuries and had awarded only a sum of Rs.35,000/- towards
pain and sufferings. She has been admitted in the hospital as an in-patient
for 35 days and charges for the person, who attended her, has been awarded
only at a sum of Rs.7,400/- and that apart, loss of income of only a sum of
Rs.13,000/- has been awarded.
4. On the contrary, Mr.S.Vadivel appearing on behalf of the second
respondent Insurance Company would submit that the claimant has not
produced any proof to show that she has been working as computer operator
or that she is engaged in the business of selling sarees. Therefore, the
notional income of Rs.5,000/- was fair and he would also submit that the
claimant has not let in any evidence for the continuing disability to the
claimant.
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C.M.A.No.3504 of 2019
5. Heard the counsels appearing on either side.
6. The accident admittedly was in the year 2014. Though the claimant
has not produced any documents, even assuming that she was a home
maker, notional income should have been fixed at a sum of Rs.10,000/-. The
nature of injuries sustained by her, taking into account the evidence of
P.W.2 is a partial permanent one. Though P.W.2 has assessed the disability
at 90%, the Tribunal has taken a pragmatic view of the injuries and awarded
disability at 40%. Since the disability is a permanent partial one, the
compensation towards disability should have been calculated on a multiplier
basis. The appellant was aged 25 years and therefore a multiplier of 18
ought to have been taken. Therefore, taking into consideration 40% towards
disability and a monthly notional income of Rs.10,000/-, the compensation
under the head of disability would be Rs.8,64,000/- (Rs.10,000 x 12 x 18 x
40%). An additional sum of Rs.15,000/- can be awarded towards pain and
suffering, taking note of the area, where the appellant had suffered fracture.
A mere perusal of the discharge summary would show that the appellant had
been in inpatient for 33 days and would have suffered intense pain.
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C.M.A.No.3504 of 2019
Therefore, the amount under the head of pain and sufferings is enhanced to
Rs.50,000/-, for 33 days. The claimant had been in inpatient and being a
lady, she would definitely need an attendant with her, for which only a sum
of Rs.7,400/- has been awarded in this head and this is enhanced to a sum of
Rs.10,000/-. Likewise, the period of treatment and the post recuperation of
the claimant would have been for a period of six months, therefore, the loss
of income is enhanced as Rs.10,000/-. On all other heads the award of the
Tribunal is confirmed. Therefore, the award is modified and the following
compensation is awarded:
Heads Amount in Rupees
Disability 8,64,000
Pain and Suffering 50,000
Extra Nourishment 4,000
Transport to Hospital 4,000
Attender Charges 10,000
Medical expenses 5,000
Future Medical Expenses 3,000
Loss of Income 60,000
Loss of Amenities 5,000
Total 10,05,760
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C.M.A.No.3504 of 2019
7. The Civil Miscellaneous Appeal is partly allowed. The award
amount is therefore enhanced from Rs.1,97,200/- to Rs.10,05,760/-. No
Costs.
01.03.2022
gba/ab
To
1. Motor Accident Claims Tribunal,
IV Court of Small Causes,
Chennai.
2. The Section Officer,
V.R. Section,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
C.M.A.No.3504 of 2019
P.T.ASHA. J.,
gba/ab
C.M.A.No.3504 of 2019
01.03.2022
https://www.mhc.tn.gov.in/judis
