Madras High Court
Mariya Dass vs K.Veera Guru on 10 March, 2022
C.M.A. Nos.2963 and 1310 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2022
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
C.M.A. Nos.2963 and 1310 of 2021
and CMP.No.6635 of 2021
In C.M.A. No.2963 of 2021
Mariya Dass ...appellant
vs.
1. K.Veera Guru
2. United India Insurance Co. Ltd.,
Silingi Building,
No.134, Greams Road,
Chennai 600 006. ...respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of
Motor Vehicle Act, against the judgment and decree dated 05.08.2019 in
MCOP.No.1046 of 2016 on the file of the Motor Accident Claims
Tribunal/II Court of Small Causes, Chennai.
For Appellant : Mr.K.Varadha Kamaraj
For Respondents
for R1 : Notice served-No Appearance
for R2 : Mr.P.Sankara Narayanan
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C.M.A. Nos.2963 and 1310 of 2021
In C.M.A. No.1310 of 2021
United India Insurance Co. Ltd.,
Motor Third Party Claims Hub,
No.134, Silingi Buildings,
4th Floor, Greams Road, Chennai 6. ...appellant
vs.
1. Mariya Dass
2. K.Veera Guru ...respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of
Motor Vehicle Act, against the order and decreetal order dated 05.08.2019
in MCOP.No.1046 of 2016 on the file of the Motor Accident Claims
Tribunal/II Court of Small Causes, Chennai.
For Appellant : Mr.P.Sankaranarayanan
For Respondents
for R1 : Mr.K.Varadha Kamaraj
for R2 : Notice served - No Appearance
COMMON JUDGMENT
[Judgment of the Court was delivered by K.KALYANASUNDARAM, J]
Not being satisfied with the quantum of compensation awarded by the
Motor Accident Claims Tribunal/II Court of Small Causes, Chennai in
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C.M.A. Nos.2963 and 1310 of 2021
MCOP.No.1046 of 2016, dated 05.08.2019, C.M.A. No.2963 of 2021 has
been filed by the claimants. Challenging the very same order, C.M.A.
No.1310 of 2021 has been filed by the Insurance Company.
2. The facts of the case in nutshell are:-
On 21.10.2015 at about 10.00 hrs, the claimant was walking on the
GNT Road, Puzhal, Chennai. At that time, a motorcycle bearing
Registration No.TN-18-AT-2493 came in a rash and negligent manner and
hit against the claimant, as a result of which, he was thrown out and
dashed behind the right side of the mini route bus bearing Registration
No.TN-01-N-4894. On account of the same, he sustained fracture on his
right leg and multiple grievous injuries all over the body. Hence, he made a
claim for a sum of Rs.15,00,000/-.
3. The Insurance Company resisted the claim, disputing the manner of
accident, age, occupation and income of the claimant and their liability to
pay the compensation.
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C.M.A. Nos.2963 and 1310 of 2021
4. To substantiate the case on the side of the claimant, he examined
himself as PW1 and marked Exs.P1 to P13. On the side of the Insurance
Company, RW1 was examined and Exs.R1 and R2 were marked. Disability
certificate issued by the Medical Board was marked as Ex.C1 and Ex.C2.
5. The Tribunal, after considering the oral and documentary evidence,
held that the accident had occurred due to the rash and negligent driving of
the motorcycle and directed the Insurance Company to pay a compensation
of Rs.25,64,400/-. Questioning the same, these appeals have been filed.
6. Though very many contentions have been raised in the appeal, the
main contention of the learned counsel for the Insurance Company is that
the Tribunal erred in adding 50% towards future prospects eventhough the
claimant is a temporary worker. Further, the amounts awarded by the
Tribunal under other heads are also on the higher side.
7. On the other hand, the learned counsel for the claimant submitted
that the compensation awarded by the Tribunal is very meager, which needs
enhancement.
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C.M.A. Nos.2963 and 1310 of 2021
8. Heard rival submissions and perused the materials available on
record.
9. It is not in dispute that the claimant was selling fish and he
was 35 years at the time of the accident. In the accident, he suffered
60% disability. Considering the avocation of the claimant, the Tribunal
fixed Rs.10,000/- as notional monthly income of the claimant. As rightly
pointed out by the learned counsel for the Insurance Company and also
considering the nature of the job, this Court adds 40% towards future
prospects. Then, the monthly income comes to Rs.14,000/- [10,000 +
4,000]. Considering the age of the claimant, if proper multiplier 16 is
applied for the functional disability of 60%, Loss of Earning Capacity
would be Rs.16,12,800/- [14,000 x 12 x 60/100 x 16].
10. Since this Court already awarded amount towards functional
disability, no separate award need to be granted under the head Loss of
Income, hence, the amount awarded under the said head is set aside.
Further, the amounts awarded towards Pain and Sufferings and Extra
Nourishment, are reduced to Rs.2,00,000/- and Rs.50,000/-, respectively. In
addition to that, the amounts awarded by the Tribunal under other heads are
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C.M.A. Nos.2963 and 1310 of 2021
confirmed. In total, the claimant is entitled to Rs.22,09,200/-, which is
rounded off to Rs.22,10,000/- along with interest at the rate of 7.5% per
annum from the date of claim petition till the date of realization. Thus, the
total compensation payable to the claimants is re-calculated and tabulated
below:
S. Heads under which the Amount awarded Amount awarded
No. amount is awarded by by the Tribunal in by this Court in
the Tribunal Rs. Rs.
1. Functional Disability/ 17,28,000 16,12,800
Loss of Earning Capacity
2. Pain and Sufferings 3,50,000 2,00,000
3. Extra Nourishment 1,00,000 50,000
4. Transport to Hospital 1,00,000 1,00,000
5. Damages to Clothes 1,000 1,000
6. Attender Charges 45,400 45,400
7. Medical Expenses 1,00,000 1,00,000
8. Future Medical Expenses 50,000 50,000
9. Loss of Income 40,000 -
10. Loss of Amenities 50,000 50,000
Total 25,64,400 22,09,200
rounded off to
22,10,000
11. In view of the above modifications, the appeal filed by the
Insurance is partly allowed and the appeal filed by the claimant is
dismissed. The Insurance Company is directed to deposit the above
modified award amount to the credit of claim petition with accrued interest
and costs, less the amount already deposited, if any, within a period of six
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C.M.A. Nos.2963 and 1310 of 2021
weeks from the date of receipt of a copy of this judgment. On such deposit,
the claimant is permitted to withdraw the award amount, less the amount
already withdrawn, if any, together with interest and costs. There shall be no
order as to costs in these appeals. Consequently, connected miscellaneous
petition is closed.
[M.K.K.S, J] [V.S.G., J]
10.03.2022
Index : Yes / No
Speaking order: Yes/No
pvs
To
1. The II Judge, Small Causes Court,
Chennai
2. The Section Officer,
V.R.Section, High Court, Madras.
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C.M.A. Nos.2963 and 1310 of 2021
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
pvs
C.M.A. Nos.2963 and 1310 of 2021
10.03.2022
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