Madras High Court
Suresh vs Panimalar Engineering College on 24 March, 2022
C.M.A.No.3614 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.03.2022
CORAM
THE HONOURABLE Ms.JUSTICE P.T.ASHA
C.M.A.No.3614 of 2019
Suresh .. Appellant
-Vs.-
1.Panimalar Engineering College,
No.4/26, P.K.Street, Gudapakkam,
Kandigai, Gudapakam,
Puduchathiram,
Chennai – 602 107.
(Since R1 remained exparte before the Tribunal, his presence may be
dispensed with)
2. The Oriental Insurance Company Limited,
No.216, Pragasam Salai,
Chennai – 600 001. ...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act 1988, against the Judgment and Decree dated 17.07.2018 and
made in M.A.C.T. O.P. No.2933 of 2016 on the file of the Motor Accident
Claims Tribunal, the IV Court of Small Causes, Chennai.
For Appellant : M/s.A.Subadra
For Respondent-1 : Exparte
For Respondent-2 : Mr.K.Vinod
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C.M.A.No.3614 of 2019
JUDGMENT
The claimant has filed this appeal seeking enhancement of the
compensation granted by the Motor Accident Claims Tribunal, IV Court of
Small Causes, Chennai in M.C.O.P.No.2933 of 2016 dated 17.07.2018.
2. The grievance of the claimant is that the Tribunal had not taken into
consideration the fact that he has suffered permanent disability, which has
impaired his functioning as before and ought to have adopted a multiplier
method instead of percentage basis, now taken. The learned counsel for the
claimant would also submit that the amounts granted under the head of pain
and suffering and attender charges were rather low, taking into account the fact
that the claimant was in hospital for about three days and another five days,
spread over two sessions.
3. Mr.K.Vinod, learned counsel appearing on behalf of the second
respondent-Insurance Company would submit that the award of the Tribunal
below is very much in consonance with the injuries suffered. He would submit
that there is no proof let in by the appellant to show that the injuries has
resulted in functional impairment. The injury that the appellant has sustained is
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C.M.A.No.3614 of 2019
only to his right fore arm and the same has been rectified through a surgery
wherein, the mal-union was fixed by an eight holed union D.C.P and by bone
grafting, due to which, wound has been closed by layers. The appellant has
been hospitalized initially for three days in the Chengalpet Medical College
Hospital, where no surgery had been undertaken and he was only advised a
chest physiotherapy and consumption of medicines. Thereafter, he has been
admitted in S.S. Hospital, Dindigul for eight days, where he was admitted on
16.07.2015 and surgery had been done on him on 17.07.2015 and was
discharged on 21.07.2015. Therefore, he would submit that there is no
necessity to modify the order of the Tribunal.
4. Heard the learned counsel for the appellant and the learned
counsel for the second respondent. The first respondent remained ex-parte
before the Tribunal below.
5. Admittedly, the appellant had been hospitalized first for three
days, where no surgery had been undertaken and thereafter for five days, when
a small procedure has been done on the appellant. However, neither does the
discharge summary show that the appellant has suffered permanent disability
nor has the appellant let in any evidence to show that the accident has resulted
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C.M.A.No.3614 of 2019
in his not being able to function as before. Therefore, the appellant is only
entitled to be compensated on a percentage basis.
6. Considering the fact that the claimant has been hospitalized for
eight days, percentage of disability can be increased to 30% and the notional
income to Rs.4,000/-. Therefore, the amount under that head should be
enhanced to a sum of Rs.1,20,000/- (Rs.4,000/- x 30) as against Rs.75,000/-.
Since he has been admitted for eight days, the attender charges has to be
enhanced to a sum of Rs.10,000/-. Amounts under the head of damages for
pain, suffering and trauma has also to be enhanced to a further sum of
Rs.10,000/-. Therefore, the amount of compensation is enhanced to a sum of
Rs.2,92,617/- as follows:
Heads Amount in
Rs.
Transportation and nourishing food 10,000
Attender Charges 10,000
Medical expenses 37,617
Disability 1,20,000
Loss of Earning 45,000
Damages for pain, suffering and trauma 50,000
Loss of Amenities 20,000
Total 2,92,617
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C.M.A.No.3614 of 2019
7. The appeal is partly allowed and the Award of the Tribunal is
modified, enhancing the compensation amount from Rs.2,30,617/- to
Rs.2,92,617/-. The second respondent-Insurance Company is directed to
deposit the said amount to the credit of M.C.O.P.No.2933 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 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.
24.03.2022
Internet: Yes/No
Index:Yes/No
Speaking/Non-Speaking
ab/srn
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C.M.A.No.3614 of 2019
P.T.ASHA.J
ab/srn
C.M.A.No.3614 of 2019
24.03.2022
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