Madras High Court
Govindan vs Raveendiran on 8 March, 2022
C.M.A.No.4078 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.4078 of 2019
Govindan ...Petitioner/Appellant
Vs
1.Raveendiran
2.The Divisional Manager,
United India Insurance Co.Ltd.,
AR Plaza, No.35, 36, & 37
45 Feet Road Extension, Balaji Nagar,
Puducherry.
... Respondents/ Respondents
PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act, 1988,
to set aside the decree and Judgment dated 11.10.2018 made in
M.A.C.T.O.P.No.817 of 2016 on the file of the Motor Accident Claims
Tribunal, Additional Sub Judge, Puducherry.
For Petitioner : Mr.T.Ananthasekar
For Respondents : Mr.M.J.Vijayaraghavan [R2]
No Appearance [R1]
1/7
https://www.mhc.tn.gov.in/judis
C.M.A.No.4078 of 2019
JUDGEMENT
The claimant is before this Court seeking an enhancement of the
compensation. It is the contention of the claimant that although the Medical
Board has assessed the permanent disability of the petitioner at 20% the
Tribunal has failed to consider the same and has only awarded sum of
Rs.60,000/- under the said head. He would further submit that only a
meagre amounts have been given under the head of pain and sufferings,
attender charges etc.
2. The learned counsel for the respondent/insurance company would
fairly concede that as per the Medical Board’s assessment there has been an
amputation of the 4th and 5th toe which suffered a crush injury apart from
the fractures to the 1st, 2nd & 3rd MTs - right foot. He would also concede
that it is a permanent disablement. Further the Tribunal has only fixed a sum
of Rs.3,000/- as compensation for each percentage of disability.
3. Heard the learned counsels and perused the records.
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C.M.A.No.4078 of 2019
4. The Tribunal below has extracted the contents of Ex.C.1, which
reproduced as follows:
"In Ex.C1 the Medical Board has assessed the
disability of the petitioner at 20% and opined crush injury
right foot 4th, 5th toe amputation, fracture 1st 2nd 3rd Mts-
right foot. Considering the nature of injuries sustained
and the Medical Board Certificate, this Tribunal assessed
the petitioner’s disabilities as 20% for the purpose of
calculation of compensation.”
5. Therefore it is clearly evident that the disability of 20%, particularly
the amputation of the toe has to definitely be assessed on a multiplier
method. The disability can be assessed at 5%. therefore, for the purpose of
calculating the compensation for a permanent disablement it is necessary to
take into account the income of the claimant while awarding the
compensation under the multiplier method. A sum of Rs.7,500/- can be
safely taken as the notional income of the claimant to which a multiplier of
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C.M.A.No.4078 of 2019
'18' has to be added and disability of 5% should also be taken into account.
Therefore, the amount under the head of permanent disability would work
out as follows:
Rs.7,500 x 12 x 18 x 5% = Rs.81,000/-.
6. The other disability is the fracture to the 1st, 2nd and 3rd Mts - right
foot which can be assessed at 15% since this is not a partial permanent
disablement affecting the future prospects, the compensation can be worked
out on a percentage basis as taken by the Tribunal below i.e., Rs.3,000 x 15
= Rs.45,000/-. Therefore, the total compensation under the head of
permanent disability would work out to a sum of Rs.1,26,000/-. The loss of
compensation under the head of loss of income has been calculated for 4
months at the rate of 10,000/- per month, since this Court has taken the
notional income at Rs.7,500/- the amount under this head would be reduced
to a sum of Rs.30,000/-.
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C.M.A.No.4078 of 2019
7. Therefore, the compensation would be enhanced and the revised
working is as follows:
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 60,000/- 1,26,000/- Enhanced
2. Pain and Sufferings 45,000/- 45,000/- Confirmed
3. Medical expenses --- --- Confirmed
4. Loss of Income 40,000/- 30,000/- Reduced
5. Rich and nutritious 25,000/- 25,000/- Confirmed
food
6. Attender charges 10,000/- 10,000/- Confirmed
7. Transport expenses 10,000/- 10,000/- Confirmed
TOTAL 1,90,000/- 2,46,000/- Enhanced by
Rs.56,000/-
8. Therefore, the Civil Miscellaneous Appeal is allowed and the
compensation of Rs.1,90,000/- awarded by the Tribunal is hereby enhanced
to a sum of Rs.2,46,000/- together with interest @ 7.5 % per annum from
the date of petition till the date of deposit. In all other respects the award of
the Tribunal is confirmed. The Insurance Company is directed to deposit the
said amount (Rs.2,46,000 /-) to the credit of M.A.C.T.O.P.No.817 of 2016
together with interest @ 7.5% per annum from the date of claim petition till
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C.M.A.No.4078 of 2019
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 appellant is
permitted to withdraw the amount now determined by this Court, 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. No costs.
08.03.2022
Index : Yes/No
Internet : Yes/No
Speaking / Non-Speaking
shr
To
1.Motor Accident Claims Tribunal, Additional Sub Judge, Puducherry.
2.The Section Office, V.R.Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
C.M.A.No.4078 of 2019
P.T. ASHA, J,
shr
C.M.A. No.4078 of 2019
08.03.2022
https://www.mhc.tn.gov.in/judis
