Madras High Court
M.Manivannan vs S.Babu on 8 March, 2022
C.M.A.No.1191 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.03.2022
CORAM
THE HONOURABLE MS. JUSTICE P.T.ASHA
C.M.A. No.1191 of 2019
M.Manivannan ...Appellant/Claimant
Vs
1.S.Babu
2.Sriram General Insurance Co.Ltd,
Branch Manager,
421016-V- CTV Main Road,
Sathy Road, Erode – 638003.
... Respondents/ Respondents.
PRAYER: Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, to against the Judgment and Decree
dated 10.01.2017 in M.C.O.P.No.1695 of 2014 passed by
the learned Motor Accident Claims Tribunal/Special Sub
Judge, Dharmapuri.
For Petitioner : Mr.A.Ilaya Perumal
For Respondents : Mr.S.Dhaksinamoorthy[R2]
No Appearance [R1]
1/10
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C.M.A.No.1191 of 2019
JUDGEMENT
Seeking the enhancement of the award the claimant
has filed the above appeal. The 1st respondent though
served has not entered appearance, the 2nd respondent is
represented by the counsel. The brief facts preceding the
filing of the above appeal are as follows:-
2. The appellant/claimant had filed M.C.O.P.No.1695
of 2014 on the file of the Motor Accident Claims Tribunal
(Special Sub Judge, Dharmapuri) claiming compensation for
the injuries sustained by him in a road traffic accident on
20.08.2012. It is the case of the claimant that he is
employed as a sales executive at Arthi Agency and his age
is about 29 years. While he was riding his motor cycle
bearing Registration No.TN-29-B-3122 from Thirupathur
Housing Board to Uthangarai along with one Yogaraj as a
Pillion rider, the Omni Van bearing Registration No.TN-29-
AX-1207 belonging to the 1st respondent and insured with
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C.M.A.No.1191 of 2019
the 2nd respondent came in a rash and negligent manner
from the opposite direction and dashed against the claimant
and the pillion rider, thereby causing injuries. In the claim
petition, he would submit that he has suffered the following
injuries :-
1.Fracture Right Scapula.
2.Fracture Right Clavicle
3.Fracture Right 2nd to 9th Ribs with Right Haemothorax.
4.Fracture of Right Distal Radius and Ulna.
5.Fracture left Anterior Public Ramus.
6.Supracondylar Fracture of Right Femur.
7.Fracture Right Fibula.
8.Fracture Medial Malleolus Left Ankle.
9.Fracture 2nd and 5th Metacarpel Bones Right Hand.
10.Fracture of Right Elbow.
3. According to the claimant, he had suffered a
permanent disablement on account of the accident. The
accident was absolutely on account of the rash and
negligent driving of the 1st respondent's vehicle and
therefore, the respondents are liable to be compensated.
The 2nd respondent was liable on account of the fact that
the 1st respondent’s vehicle was insured with them.
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C.M.A.No.1191 of 2019
4. The 1st respondent remained ex parte and it was
only the 2nd respondent who had filed the counter seeking
leave to contest on all grounds available under Section 170
of the Motor Vehicle Act. The following objections were
raised in the counter.
i. The accident was not the result of the driver
of the 1st respondent's Omni Van.
ii. The claimant was also responsible for the
accident.
iii. The Omni Van was not insured with the
respondent at the time of the accident and did
not possess the requisite permits etc.
iv. The petitioner had no driving license and
therefore, the 2nd respondent was not liable to
indemnify the 1st respondent.
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C.M.A.No.1191 of 2019
5. The Motor Accident Claims Tribunal, Dharmapuri by
its award dated 10.01.2017 had awarded a sum of
Rs.29,75,600/- after holding that the driver of the Omni van
was responsible for the accident. The Tribunal below had
directed the amounts to be paid by the 2nd respondent as
the insurer of the 1st respondent.
6. Aggrieved by the fact that the amount of
compensation was low and that the Tribunal below had not
taken into account the future medical expenses the claimant
seeks to modify the award. The claimant would submit that
the Tribunal has ignored the evidence of P.W.3 and Ex.P.4,
while arriving at a notional income of RS.7,500/-. The
learned counsel would further submit that the Tribunal has
ignored the fact that the future prospect of the claimant has
been severely impeded on account of the injuries sustained
by him which is of a permanent nature. The disability
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C.M.A.No.1191 of 2019
certificate issued by the hospital which had given him
treatment would clearly show that the disability (Exs.P.11,
P.12, and P.13) would clearly show the extent of the injuries
sustained by him as well as the impact. He would further
submit that the amounts under the head of pain and
suffering was also on the lower side.
7. The claimant is a sales executive and P.W.3 who has
been examined has confirmed the said fact. The salary
certificate has also been marked through the witness. The
counsel would argue that no amounts have been added for
future prospects. He would rely on the Judgement of this
Court reported in 2015 (1) TN MAC 310 - Managing
Director, Metropolitan Transport Corporation Ltd., Vs.
Kanna @ Gokula Kannan, wherein the Court had added
50% towards future prospects, adopting the judgement of
the Hon’ble Supreme Court in Sarla Verma case reported in
2009 (2) TN MAC 1 (SC) - Sarla Verma & ors. Vs. Delhi
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C.M.A.No.1191 of 2019
Transport Corporation & another.
8. Heard the learned counsel.
9. A perusal of Exhibits particularly the disability
certificate would show that the movement of the claimant
has been constricted to a very great extent. In fact, the
Doctor who had been examined as P.W.4 has opined that
the disability is nearly 100%. Considering the age of the
claimant, therefore 40% should be added towards the future
prospects. Therefore, the monthly income of the claimant
would be Rs.7,500/- + 40% = Rs.10,500/- x 90% disability
X 17 X 12 = 19,27,800/-, in all other respects the award of
the Tribunal is remained unaltered. Therefore, the revised
working is as follows:
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C.M.A.No.1191 of 2019
S.No Description Amount Amount Award
awarded by awarded by confirmed or
Tribunal this Court enhanced or
(Rs) (Rs) granted or
reduced
1. Permanent disability 13,77,000/- 19,27,800/- Enhanced
2. Pain and Sufferings 1,00,000/- 1,00,000/- Confirmed
3. Loss of amenities 50,000/- 50,000/- Confirmed
4. Transport expenses 47,400/- 47,400/- Confirmed
5. Medical Expenses 13,01,200/- 13,01,200/- Confirmed
(Including Bills)
6. Attender Charges 40,000/- 40,000/- Confirmed
7. Extra Nourishment 30,000/- 30,000/- Confirmed
8. Future Medical 30,000/- 30,000/- Confirmed
Expenses
TOTAL 29,75,600/- 35,26,400/-
Enhanced by
Rs.5,50,800/-
9. Therefore, the Civil Miscellaneous Appeal is partly
allowed and the compensation of Rs.29,75,600/- awarded
by the Tribunal is hereby enhanced to a sum of
Rs.35,26,400/- together with interest @ 7.5 % per annum
from the date of petition till the date of deposit. In all other
respect the award of the Tribunal is confirmed. The
Insurance Company is directed to deposit the said amount
(Rs.35,26,400/-) to the credit of M.C.O.P.No.1695 of 2014
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C.M.A.No.1191 of 2019
together with interest @ 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 of a
copy of this Judgement. On such deposit being made, the
respondents are permitted to withdraw the amounts
deposited, along with interest and costs, after adjusting the
amount if any already withdrawn. The claimant shall pay the
Court Fee for the enhanced amount within a period of two
weeks from the date of receipt of a copy of this Judgement.
The Tribunal shall not disburse the amounts until proof of
payment of the Court fee is produced by the claimant failing
which the Tribunal shall get a confirmation from this Court
that the Court fee has been paid. No costs.
08.03.2022
Index : Yes/No
Internet : Yes/No
Speaking / Non-Speaking
shr
https://www.mhc.tn.gov.in/judis
C.M.A.No.1191 of 2019
P.T. ASHA, J,
shr
To
1.Motor Accidents Claims Tribunal/ Special Sub Judge,
Dharmapuri.
2.The Section Office, V.R.Section,
High Court, Madras.
C.M.A. No.1191 of 2019
08.03.2022
https://www.mhc.tn.gov.in/judis
