Madras High Court
Gopinath … vs C.N.Annadurai on 29 March, 2022
C.M.A.No.2175 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.2175 of 2021
Gopinath … Appellant
Vs.
1.C.N.Annadurai
S/o Natarajan
2.Vengatesan
S/o Dharmalingam
3.The Divisional Manager
United India Insurance Company Limited
No.46, Katpadi Salai
Vellore.
4.Gowdham
S/o Soundarrajan
5.Soundarrajan
S/o Kannaiyan … Respondents
1/7
https://www.mhc.tn.gov.in/judis
C.M.A.No.2175 of 2021
PRAYER:Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles
Act, 1988, against the Judgment and Decree dated 22.03.2017 made in M.C.O.P.No.385
of 2013 on the file of the Motor Accident Claims Tribunal, Special Sub Court,
Tiruvannamalai.
For Appellant : Mrs.A.Subadra
For Respondents : R1 & R2 were set exparte before
the Tribunal
Mr.Sankara Narayanan for R3
No appearance for R4 & R5
JUDGMENT
[Judgment of the Court was delivered by K.KALYANASUNDARAM, J.]
This Civil Miscellaneous Appeal has been filed by the claimant seeking
enhancement of compensation.
2.The Motor Accident Claims Tribunal (Special Sub Court), Tiruvannamalai
in M.C.O.P.No.385 of 2013 dated 22.03.2017 has awarded compensation of
Rs.12,06,800/-.
https://www.mhc.tn.gov.in/judis
C.M.A.No.2175 of 2021
3. It is the case of the claimant that on the date of accident, i.e.,
02.05.2012, he sustained multiple fractures on account of the accident. It is the
submission of the learned counsel for the appellant that thought the claimant has proved
that he was an Engineering student, at the relevant point of time, but the Tribunal has
fixed the notional income at Rs.6,500/- per month, only. The claimant is aged 25 years
and he is healthy. According to her, the amounts awarded by the Tribunal is very meagre.
4.Per contra, the learned counsel appearing for the 3rdrespondent/Insurance
Company would argue that the statement of the claimant has not been substantiated by
any documentary evidence. According to the learned counsel, the award is reasonable
and the appellant is not entitled for enhancement in this appeal.
5.A perusal of the evidence of P.W.1 would show that at the time ofaccident,
he was pursuing his final year B.E.(Electronics). In the claim petition also he has stated
that he is a student in a college. Therefore, we are of the opinion that it would be
appropriate to fix the income at Rs.10,000/- per month. Though the medical board has
issued the disability certificate (Ex.P.9) as 55% the Tribunal has rightly taken the
functional disability as 45%. Considering the age of the claimant that he was 25 years
old at the time of the accident, applying the multiplier of ‘18’, Rs.9,72,000/-
https://www.mhc.tn.gov.in/judis
C.M.A.No.2175 of 2021
(Rs.10,000/- x 12 x 18 x 45%) is awarded under the head of ‘loss of future earning
capacity’. Due to the accident, the appellant/claimant sustained multiple injuries and
took treatment as in-patient from 14.07.2012 to 29.08.2012. Hence, the amount awarded
under the head ‘Pain and Sufferings’ is enhanced to Rs.1,00,000/-. Amount awarded
under the head ‘extra nourishment’ is enhanced to Rs.25,000/-. Amounts awarded under
the other heads, viz., ‘Medical and Transportation expenses’ and ‘future medical
expenses’ are hereby confirmed. Thus, the amounts awarded by the Tribunal is
recalculated as follows: -
Amount Amount Enhanced/
awarded by the awarded by Granted/
Sl.No. Particulars Tribunal in Rs. this Court in Confirmed/
Rs. reduced/ set
aside
1 Loss of Future Earning 6,31,800/- 9,72,000/- Enhanced
Capacity
2 Pain and Sufferings 75,000/- 1,00,000/- Enhanced
3 Medical and 3,90,000/- 3,90,000/- Confirmed
Transportation expenses
4 Future Medical expenses 1,00,000/- 1,00,000/- Confirmed
5 Extra Nourishment 10,000/- 25,000/- Enhanced
Total 12,06,800/- 15,87,000/- Enhanced
https://www.mhc.tn.gov.in/judis
C.M.A.No.2175 of 2021
6.In fine, this Civil Miscellaneous Appeal is partly allowed and the 3 rd
respondent/Insurance Company is directed to deposit the modified award amount of
Rs.15,87,000/- along with interest at the rate of7.5 % per annum from the date of claim
petition till the date of realization and costs, within a period of eight weeks from the date
of receipt of a copy of this judgment. On such deposit is being made, the
appellant/claimant is permitted to withdraw the entire amount. No costs.
[M.K.K.S.,J.] [V.S.G.,J.]
29.03.2022
Intex : Yes/No
Internet : Yes/No
Speaking order/Non-speaking order
Jer
https://www.mhc.tn.gov.in/judis
C.M.A.No.2175 of 2021
To
1.The Motor Accident Claims Tribunal,
Special Sub Court, Tiruvannamalai.
2.The Section Officer, V.R.Section,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
C.M.A.No.2175 of 2021
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
Jer
C.M.A.No.2175 of 2021
29.03.2022
https://www.mhc.tn.gov.in/judis
