Madras High Court
Jayalakshmi vs Resico India Pvt. Ltd on 21 March, 2022
C.M.A.No.4250 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2022
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.M.A. No.4250 of 2019
Jayalakshmi ... Appellant
Vs.
1.Resico India Pvt. Ltd.,
No.196/4, Mettupalayam Village,
Sriperumbudur Taluk,
Kancheepuram District.
2.ICICI Lombard General Insurance Co. Ltd.,
No.84 & 85, Arihant Plaza,
First Floor, Wall Tax Road,
Chennai – 600 003 ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 to enhance the Judgment and Decree, dated 26.07.2019,
passed in M.C.O.P.No.7527 of 2016, on the file of the Motor Accidents
Claims Tribunal, (Special Sub Court No.1, Motor Accidents Claims
Petitions) Small Causes Court, Chennai.
For Appellant : M/s.Amar.D.Pandiya
For Respondents : Mr.B.Siva Kollapan
for R2
R1 – Served-No appearance
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.No.4250 of 2019
JUDGMENT
The claimant has filed this appeal for enhancing the compensation
awarded by the learned Special Sub Judge No.I, Motor Accident Claims
Tribunal, Small Causes Court, Chennai in M.C.O.P.No.7527 of 2016.
2. The above claim petition has been filed by the claimant seeking
compensation for the injuries sustained by her in a road accident that had
occurred on 03.10.2016 at about 21.30 hrs, when the claimant was traveling
pillion on the motor-cycle, bearing Registration No.TN-22-AU-5628 on the
Rajiv Gandhi Street Junction, Agaram then Main Road, Thiruvanchary,
Chennai. At that time, a Range Rover Car bearing Registration No.TN-2 1-
BZ-2121, belonging to the first respondent and insured with the second
respondent was proceeding on the opposite direction. The said car was
driven by its driver in a rash and negligent manner at high speed, without
following the Traffic Rules and had hit the claimant's motor-cycle. As a
result of which, the appellant was thrown out and sustained fracture on both
leg femur, fracture on the right tibia, fracture on the right metatarsal and
tarsal and multiple grievous injuries all over the body. She was immediately
https://www.mhc.tn.gov.in/judis
C.M.A.No.4250 of 2019
taken to the hospital and had to remain in hospital for sixteen days. She has
claimed a compensation of Rs.50,00,000/-. The Medical Board has assessed
her disability at 20%.
3. The first respondent remained ex-parte and the claim was
contested by the second respondent-Insurance Company, who had taken the
usual defences.
4. The Tribunal, after hearing the parties and perusing the evidence,
had arrived at the following compensation:
Heads Amount in Rs.
Disability 60,000
Pain and Sufferings 20,000
Transportation 5,000
Medical Expenses 4,84,941
Extra Nourishment 10,000
Attender Charges 4,000
Loss of Earnings 12,000
Loss of future prospectus 20,000
Total 6,15,941
Rounded Off to 6,15,950
Challenging the same, the claimant is before this Court.
https://www.mhc.tn.gov.in/judis
C.M.A.No.4250 of 2019
5. The learned counsel appearing on behalf of the appellant/ claimant
would submit that the Tribunal has erred in adopting the percentage basis
for awarding compensation and that too adopting an income of Rs.3,000/-,
the Tribunal ought to have adopted a notional income of Rs.4,000/-.
6. The learned counsel appearing for the second respondent-Insurance
Company would contend that the amount awarded is reasonable. He would
submit that the claimant has claimed amount under the head of medical
expenses and since she was inpatient, the claimant is not entitled to huge
sum of Rs.10,000/- under the head of Extra Nourishment, as her
nourishment would have been taken care of by the hospital itself.
7. Heard the counsel for the appellant and the learned counsel
appearing for the second respondent-Insurance Company and perused the
records.
8. The nature of injuries and the disability assessed by the Medical
Board clearly show that the appellant/ claimant had sustained injury, which
has constricted her free movements. She claims to be a tailor by profession.
https://www.mhc.tn.gov.in/judis
C.M.A.No.4250 of 2019
However, there is no proof for the same. But, considering the fact that she is
a lady who has to take care of her day-to-day activities at the home, not
only for herself but also her family and therefore, the disability would
definitely reduce her capacity to function normally. Further, the accident is
of the year 2016. Therefore, the Tribunal ought to have taken of her income
at Rs.4,000/-. Consequently, the amount due under the head of disability is
enhanced to a sum of Rs.80,000/- (Rs.4,000 x 20%). She has been in
inpatient for 16 days and would have definitely suffered considerable pain
during her hospitalization and thereafter. The amount is therefore, enhanced
under the head of Pain and Sufferings, to a sum of Rs.40,000/-. The
transportation charges is also enhanced by a further sum of Rs.5,000/-. The
attender charges awarded by the Tribunal was only a sum of Rs.4,000/-, this
has to be definitely enhanced to a sum of Rs.10,000/-, since the claimant has
been in the hospital for 16 days and would definitely have required the
assistance of another person. The amount under the head of extra
nourishment is reasonable. While in the hospital, they would have provided
the extra nourishment that is required by a patient. Therefore, the amount of
compensation awarded by the Tribunal is enhanced to a sum of
Rs.6,94,914/- rounded off to Rs.6,94,900/-. The Award amount is therefore
https://www.mhc.tn.gov.in/judis
C.M.A.No.4250 of 2019
enhanced from a sum of Rs.6,15,950/- to a sum of Rs.6,94,900/- as follows:
Heads Amount in Rs.
Disability 80,000
Pain and Sufferings 40,000
Transportation 10,000
Medical Expenses 4,84,941
Extra Nourishment 10,000
Attender Charges 10,000
Loss of Earnings 40,000
Loss of future prospectus 20,000
Total 6,94,914
Rounded Off to 6,94,900
9. The appeal is partly allowed and the Award of the Tribunal is
modified, enhancing the compensation amount from Rs.6,15,950/- to
Rs.6,94,900/-. The second respondent-Insurance Company is directed to
deposit the said amount to the credit of M.C.O.P.No.7527 of 2016 along
with interest at the rate of 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 judgment. On such deposit being made, the
claimant is permitted to withdraw the award amount, along with accrued
interest and costs as awarded by the Tribunal, less, the amount, if any
https://www.mhc.tn.gov.in/judis
C.M.A.No.4250 of 2019
already withdrawn, by filing necessary application before the Tribunal. The
claimant is directed to pay the Court fee for the enhanced compensation
amount, if required. The Tribunal below shall not disburse the enhanced
amount till such time as the certified copy showing proof of payment of
Court fee has been produced by the claimant. In other respects, the Award
of the Tribunal is hereby confirmed. There shall be no order as to costs in
the present appeal.
21.03.2022
Index : Yes/No
Speaking Order : Yes / No
ab/srn
To
1. The learned Special Sub Judge No.I,
Motor Accident Claims Tribunal,
Small Causes Court, Chennai
2. The Section Officer,
VR Section, Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.4250 of 2019
P.T. ASHA, J,
ab/srn
C.M.A. No.4250 of 2019
21.03.2022
https://www.mhc.tn.gov.in/judis
