Madras High Court
Vasanthakumari vs Pitchammal on 23 March, 2022
C.M.A. No.1925 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.03.2022
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.M.A. No.1925 of 2021
Vasanthakumari ... Appellant
Vs.
1. Pitchammal
2. Ponnusamy
3. Reliance General Insurance Co. Ltd.,
6th Floor No.6, Haddow Road,
Nungambakkam, Chennai – 600 006.
4. The Oriental Insurance Co. Ltd.,
Third Party Claims Hub,
New No.216, Old No.115,
Prakasam Salai, Broadway,
Chennai – 600 108. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree in M.C.O.P.No.3558
of 2015 dated 09.12.2020 on the file of the Motor Accident Claims
Tribunal, II Additional Subordinate Court, Cuddalore.
For Appellant : Ms.Ramya V.Rao
1/7
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C.M.A. No.1925 of 2021
For Respondents : Mr.K.Vinod
for R3
Mr.D.Bhaskaran
for R4
R2- Served- No Appearance
R1- Not ready in notice
JUDGMENT
The injured claimant has filed this Appeal seeking enhancement of
the award passed by the Motor Accident Claims Tribunal, II Additional
Subordinate Judge, Cuddalore in M.C.O.P.No.3558 of 2015 dated
09.12.2020.
2. The claimant is particularly aggrieved by the fact that no amounts
had been granted under the head of disability and towards attender charges,
though the claimant had been hospitalized for nine days and also since no
amount had been granted under the head of loss of income for a period of
over four months.
3. The Tribunal, after hearing the parties and perusing the evidence,
had arrived at the following compensation:
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C.M.A. No.1925 of 2021
Heads Amount in Rs.
Transport to Hospital 5,000
Special Diet 10,000
Pain and sufferings 40,000
Loss of amenities for whole body 20,000
Medical Bills 7,150
Total 82,150
Challenging the same, the claimant is before this Court.
4. Heard the learned counsel appearing for the appellant and the
learned counsels for the third and fourth respondent-Insurance Companies
and perused the materials available on record. Though the second
respondent had been served, he has not entered appearance. Notice sent to
the first respondent has been returned with an endorsement 'left'. Today
also, there is no representation for the second respondent. However, their
respective Insurance Companies are before this Court and therefore this
Court has proceeded to pass orders.
5. The learned counsel appearing for the third respondent Insurance
Company would submit that the Tribunal had held that the claimant has not
suffered any loss of income or reduction in the post, on account of the
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C.M.A. No.1925 of 2021
injuries sustained by her and therefore, she is not entitled to compensate
under the above heads.
6. However, the learned counsel appearing for the appellant/ claimant
would submit that on account of her injuries, she is not able to work as
before and this would definitely have a repercussion on her future
promotions, although as of now, she continues in the same post. The
appellant/ claimant has also filed discharge summary Ex.P3 and the
disability certificate issued by the Medical Board Ex.C1, to show the
disability suffered by her. Therefore, she ought to have been awarded some
amount under the said head.
7. The Medical Board had assessed her disability at 24% and further
plates and screws had been implanted to the fractures sustained by her.
Therefore, this Court is of the view that under the head of disability, the
appellant/ claimant may be awarded Rs.96,000/- (Rs.4,000/- x 24%). The
claimant admittedly was an in-patient for nine days, for which she must
have definitely had the assistance of an attender. No amounts had been
given under this head and therefore, a sum of Rs.10,000/- shall be awarded
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C.M.A. No.1925 of 2021
under the head of attender charges. The claimant must have remained at
home atleast for a period of four months to recuperate and would have
suffered a loss of income. Therefore a sum of Rs.48,000/- (Rs.12,000/- x 4)
towards the head of loss of income is awarded. Therefore, the award is
enhanced by a sum of Rs.1,54,000/-. The Award amount is therefore
enhanced from a sum of Rs.82,150/- to a sum of Rs.2,36,150/- as follows:
Heads Amount in Rs.
Transport to Hospital 5,000
Special Diet 10,000
Pain and sufferings 40,000
Loss of amenities for whole body 20,000
Medical Bills 7,150
Disability 96,000
Attender Charges 10,000
Loss of Income 48,000
Total 2,36,150
8. The appeal is partly allowed and the impugned Award of the
Tribunal is modified, enhancing the compensation amount from Rs.82,150/-
to Rs.2,36,150/-. The third respondent-Insurance Company is directed to
deposit the said amount to the credit of M.C.O.P.No.3558 of 2015 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
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C.M.A. No.1925 of 2021
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
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.
23.03.2022
Index : Yes/No
Speaking Order : Yes / No
ab
To
1. The Motor Accident Claims Tribunal,
II Additional Subordinate Court,
Cuddalore.
2.The Section Officer,
VR Section, Madras High Court,
Chennai.
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C.M.A. No.1925 of 2021
P.T. ASHA, J,
ab
C.M.A. No.1925 of 2021
23.03.2022
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