Madras High Court
/Claimant vs V.Sekar on 3 March, 2022
C.M.A.No.3759 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 03.03.2022 PROUNOUNED ON : 10.06.2022
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.M.A.No.3759 of 2013
1.P.Ponnammal (died)
2.P.Ramasamy
[R2 brought on record vide
order dated 03.03.2022
vide CMP.Nos.11723 of 2021] ... Appellant
/Claimant
Vs.
1.V.Sekar
2.S.Senthilkumar
3.The Oriental Insurance Company Ltd.
Arunagiri Complex, 25/C, Bye-Pass Road
Hosur, Krishnagiri District . PIN 635 109. ..Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 against the judgment and decree of the Motor Accident Claims
Tribunal (Sub Court) Perundurai, in MCOP.No.132 of 2009 dated 11.11.2010.
1/8
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C.M.A.No.3759 of 2013
For Appellant : Mr.M.Rajeev Gandhi
for Mr.S.Kaithamalai Kumaran
For Respondents : Mr.R.Sivakumar for 3rd respondent.
R1 and R2 – no appearance
R1- unserved.
JUDGMENT
This appeal is filed by the appellant/injured claimant seeking enhancement
of compensation. During the pendency of the appeal, appellant-Ponnammal died
on 15.05.2017. Her son P.Ramasamy who is the sole legal representative of the
deceased is brought on record.
2. The brief facts of the case as per the averments of the claimant in
MCOP.No.132 of 2009 is that on 13.02.2009 at about 3.45 p.m., while the
petitioner was travelling on the moped as pillion rider, her husband was riding the
said moped, when the moped was nearing Bharat Petrol Bunk, Perundurai to
Chennimalai road, the first respondent carelessly drove the lorry TAA 7479 in a
rash and negligent manner and dashed on the moped and thereby the
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C.M.A.No.3759 of 2013
petitioner/appellant sustained grievous injuries and her husband died on the spot.
The petitioner was taken to KMCH, Perundurai and she was referred to KMCH
Coimbatore, for further treatment from 13.02.2009 to 11.03.2009 as in-patient.
The claimant having undergone, amputation and skin grafting said to have
suffering with permanent disability and disfiguration. The claimant claimed
Rs.7,50,000/- as compensation by filing MCOP.No.132/2009.
3. The Tribunal, after going through evidence let in before it, awarded a
sum of Rs.2,82,157/- as compensation to the claimant. The learned counsel for
the appellant/claimant raised the issue that the Tribunal erred in fixing the
disability at 25% when P.W.2/doctor assessed disability at 46% under Ex.P.13.
P.W.2 is an expert witness and his evidence cannot be brushed aside while fixing
the disability percentage.
4. This court gone through the impugned Award carefully. It is seen that
P.W.2 doctor opined that the appellant sustained 46% permanent disability. The
appellant has lost 3 left foot fingers and amputation done; she got fracture on her
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C.M.A.No.3759 of 2013
right hand, also sustained permanent disfigurement. The injured was doing
agriculture, cultivating vegetable and also doing milk vending. The
appellant/claimant would have definitely earned Rs.5000/- per month before the
accident. But due to the accident, she suffered amputation of foot fingers and
suffered disfigurement and therefore, should could not have been able to do her
work as before and therefore, filed the appeal.
5. It is a matter of record that this appeal has been admitted on 23.01.2014
and the appellant was pursuing the matter before this court. However, she died on
15.05.2017 and there was a delay to bring the LRs on record. In such a situation,
this court is of the view that for the pain and suffering underwent by the injured,
the appeal filed by her needs proper justification. Therefore, for the disability
suffered due to the accident, applying multiplier method to arrive at permanent
disability compensation is just and proper. Accordingly, as per the assessment of
doctor/expert, 46% permanent disability is taken for determining compensation.
The calculation is as under:-
Monthly income – Rs.5,000/-
Deduction : 1/3rd
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C.M.A.No.3759 of 2013
Multiplier : 11
5000 x 1/3 = 1666 rounded off to Rs. 1700/-
1700x 11 x 12 = 2,24,400/-.
Therefore, the compensation under the head permanent disability is now
enhanced from Rs.30,000/- to 2,24,400/-.
6. Under Medical Bills / Ex.P.10 series, Rs.2,34,907/- has been claimed and
the tribunal awarded Rs.2,34,907/-. During the period of treatment, the appellant
would have suffered loss of income. Therefore, for 3 months, Rs.15,000/- is
awarded as loss of income during the period of treatment. Under the head “Extra
Nourishment” tribunal awarded Rs.3000/-; for “Pain and suffering”, Tribunal
awarded Rs.5000/- which this court feels as inadequate, so it has been enhanced
as Rs.5,000/- and Rs.10,000/- respectively.
7. Except for the above heads, the compensation granted under other heads
are confirmed. The modified compensation by this court is as under:-
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C.M.A.No.3759 of 2013
Sl. Particulars Tribunal Award Compensation
No. (in Rs.) modified by this
court
(in Rs)
Permanent disability 30,000/- 2,24,000/-
Transport to hospital 5,000/- 5,000/-
Loss of income during 3,750/- 15,000/-
the period of treatment
Extra nourishment 3,000/ 5,000/-
Damage to clothes 500/- 500/-
Medical Bills 2,34,907/- 2,34,907/-
Pain and suffering 5,000/- 10,000/-
Total 2,82,157/- 4,94,407/-
8. In the result, the Civil Miscellaneous Appeal is Partly Allowed. The
compensation awarded by the Tribunal at Rs.2,82,157/- is enhanced to
Rs.4,94,407/-. The tribunal held that first respondent is the driver, the second
respondent is the owner and the 3rd respondent is the insurer of the offending
lorry and all of them jointly and severally liable to pay the compensation. The
said finding stands confirmed. The respondents are directed to deposit the
modified compensation of Rs.4,94,407/- with interest at the rate of 7.5% per
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C.M.A.No.3759 of 2013
annum along with interest and cost before the Tribunal within a period of eight
weeks from the date of receipt of a copy of this order. On such deposit, the
appellant+/Legal Representative is permitted to withdraw the same. No costs.
10.06.2022
Index : Yes/No
Internet : Yes/No
nvsri
To
1.The Sub Judge,
Motor Accident Claims Tribunal (Sub Court) Perundurai
2.The Section Officer, V.R.Section,
Madras High Court,
Chennai.
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C.M.A.No.3759 of 2013
J.NISHA BANU,J.
nvsri
C.M.A.No.3759 of 2013
10.06.2022
https://www.mhc.tn.gov.in/judis
