Madras High Court
M.Abdulla vs T.Yuvaraj on 30 March, 2022
C.M.A.Nos.2782 and 3552 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.Nos.2782 and 3552 of 2021
and
C.M.P.No.20683 of 2021
M.Abdulla .. Appellant in
C.M.A.No.2782 of 2021
M/s United India Insurance Co. Ltd
No.134, T.P.HUB, Silingi Building
Greams Road, Chennai – 6.
.. Appellant in
C.M.A.No.3552 of 2021
Vs.
1.T.Yuvaraj
2.M/s United India Insurance Co. Ltd
No.134, T.P.HUB, Silingi Building
Greams Road, Chennai – 6.
.. Respondents in
C.M.A.No.2782 of 2021
1.M.Abdulla
2.T.Yuvaraj ..Respondents in
C.M.A.No.3552 of 2021
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.2782 and 3552 of 2021
COMMON PRAYER: Civil Miscellaneous Appeals filed under Section 173 of
Motor Vehicles Act 1988 against the Judgment and Decree dated 22.03.2021
made in M.C.O.P.No.6482 of 2015 on the file of the Motor Accident Claims
Tribunal, Special Sub Court No.1, Small Causes Court, Chennai.
CMA No. 2782 of 2021:-
For Appellant :Mr.R.Thirugnanam
For Respondents :Mr.S.Arun Kumar for R2
CMA No. 3552 of 2021:-
For Appellant :Mr.S.Arun Kumar
For Respondents :Mr.R.Thirugnanam for R1
COMMON JUDGMENT
[Judgment of the Court was delivered by K.KALYANASUNDARAM, J.]
This Civil Miscellaneous Appeals have been filed, challenging the
Judgment and award dated 22.03.2021 passed by the Motor Accident Claims
Tribunal, Special Sub Court No.1, Small Causes Court, Chennai, in
M.C.O.P.No.6482 of 2015.
2.The 1st respondent in C.M.A.No.3552 of 2021 Abdulla is the injured
claimant. On 25.12.2014, he along with his friends were traveling in a Car
bearing Registration No.TN 06 A 3798 from Hubli to Goa and when they were
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C.M.A.Nos.2782 and 3552 of 2021
near Nagargali Tiger Board, a lorry bearing Registration No.TN 28 AD 1797
which was coming in a great speed and in negligent manner rammed the Car. In
the impact, the occupants of the Car sustained multiple injuries and fractures. The
1st respondent was said to be driving the Car, at the time of the accident. He
sought compensation of Rs.75,00,000/- on the ground that the accident had
occurred due to the negligence of the driver of the lorry.
3.The claim petition was contested by the appellant, by filing a detailed
counter, wherein the averments and allegations made in the claim petition were
denied and disputed.
4.The claim petition of the 1st respondent/claimant was taken along with the
claim petition filed by the other injured claimants. In a joint trial, on behalf of the
claimants, 6 witnesses were examined as P.W.1 to 6 and 40 documents were
marked as Ex.P.1 to 40. The Court documents were marked as Ex.C.1 to 4. On
the side of the Insurance Company, neither oral evidence, nor documentary
evidence was produced.
5.On appreciation of evidence,the Tribunal held that the accident occurred
due to the negligence of the driver of the lorry and awarded compensation of
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C.M.A.Nos.2782 and 3552 of 2021
Rs.37,44,350/- to the claimant.
6.The learned counsel appearing for the appellant/Insurance company fairly
submitted that in respect of the award passed in the other claim petitions, the
appellant has satisfied the award. Therefore, we are of the opinion that the
appellant cannot dispute the finding on the negligence in this appeal.
7.With regard to quantum, the claimant gave evidence as P.W.3 and
produced wound Certificate - Ex.P.24. Disability certificate was marked as
Ex.P.25. P.W.4 and 5 are the doctors, who had given treatment to the claimants
and through them, Disability Certificate Ex.P.25 was marked to show that the
claimant has suffered 65 % of permanent disability. The Regional Medical Board,
Government Kilpauk Medical College Hospital at Chennai issued Disability
Certificate - Ex.C.4, wherein it has been stated that the claimant sustained 80 %
of permanent disability.
8.Before the Tribunal, P.W.3 deposed that he was earning Rs.3,00,000/- per
month by doing Steel cutting and grinding work. Ex.P.26 to 30 were marked to
support the oral evidence. Ex.P.30 is the Bank statement relating to ARI Traders.
During the cross examination, he has admitted that he is nothing to do with ARI
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C.M.A.Nos.2782 and 3552 of 2021
Traders and he was only a contract worker. The Tribunal, however fixed the
notional income as Rs.20,000/- per month. Taking into consideration, the age of
the claimant as 29, applied the multiplier '17' and awarded compensation of
Rs.32,64,000/-, for 80 % disability.
9.It is the contention of the learned counsel for the appellant – Mr.S.Arun
Kumar, that the claimant has passed only 10th standard and there is no material to
show that he was doing Steel cutting and grinding work, hence the notional
income fixed by the Tribunal has to be reduced. According to him, Rs.10,000/-
can be taken as notional income.
10.Per contra, the learned counsel for the respondents/claimants –
Mr.Thirugnanam, would argue that the claimant has proved that his avocation and
the income earned by him. It is also stated that the hands of the claimant become
insensitive. Further more no award was passed under the heads, loss of marital
life, loss of amenities and future medical expenses.
11.Heard the rival submissions and perused the materials available on
record.
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C.M.A.Nos.2782 and 3552 of 2021
12.As rightly contended by the learned counsel for the appellant/Insurance
Company, P.W.3 in his evidence clearly admitted that he is neither owner of ARI
Traders, nor he was doing any contract work with the said company. Perusal of
records reveal that the claimant has not produced any evidence to prove his
income. Considering the fact that he was said to have involved in Steel cutting
and grinding work, it would be appropriate to fix the notional income as
Rs.10,000/-. Though the medical board has issued certificate mentioning that the
claimant has sustained 80% of disability, the functional disability could be taken
as 60%. Adding 40% towards future prospects, and by applying 17 multiplier, the
loss of earning capacity would be Rs.17,13,600/-. For the injuries sustained in the
accident, the claimant took treatment as in-patient in Tatwadarsha Hospital,
Soundarapandian Hospital and Right Hospital, totally for a period of 19 days and
underwent many surgeries. Therefore, the amount awarded under the head 'pain
and sufferings' is enhanced to Rs.1,00,000/-; amount awarded under
'Transportation' is enhanced to Rs.10,000/- and a sum of Rs.1,00,000/- is granted
under the head 'loss of amenities'. Further, Rs.20,000/- awarded under the head
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C.M.A.Nos.2782 and 3552 of 2021
'Extra nourishment' is reduced to Rs.10,000/-. The claimant has to undergo further
treatment and therefore, the amounts awarded under the heads 'attender charges' is
enhanced to Rs.20,000/- and a sum of Rs.1,00,000/- is awarded under the head
'future medical expenses'. Amount awarded by the Tribunal under the head
'Medical expenses' is hereby confirmed. Since 40% has been added while
calculating the amount under the head 'pecuniary loss', Rs.50,000/- awarded
under the head 'loss of future prospects' is hereby set aside. Thus, the
compensation awarded by the Tribunal is modified as follows:
S.No Description Amount awarded Amount awarded Award
by Tribunal by this Court (Rs) confirmed or
(Rs) enhanced or
granted
1. Pecuniary loss 32,64,000/- 17,13,600/- reduced
2. Pain and sufferings 40,000/- 1,00,000/- enhanced
3. Transportation 5,000/- 10,000/- enhanced
4. Medical expenses 3,60,561/- 3,60,561/- confirmed
5. Extra nourishment 20,000/- 10,000/- reduced
6. Attender Charges 4,750/- 20,000/- enhanced
7. Loss of future prospects 50,000/- --- Set aside
8. Loss of amenities --- 50,000/- granted
9. Future medical expenses --- 1,00,000/- granted
Total 37,44,350/- 23,64,161/- Reduced by
rounded off to Rs.13,80,150/-
Rs.23,64,200/-
13.Thus, the total compensation awarded by the Tribunal at Rs.37,44,350/-
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C.M.A.Nos.2782 and 3552 of 2021
is hereby reduced to Rs.23,64,200/- which shall carry interest at the rate of 7.5%
per annum from the date of claim petition till the date of payment. The
appellant/Insurance company is directed to deposit the entire award amount with
accrued interest and costs, less the amount already deposited, if any, within a
period of eight weeks from the date of receipt of a copy of this order. On such
deposit is being made, the claimant is permitted to withdraw the entire amount,
less the amount already withdrawn, if any, together with interest and costs.
14.In the result, the C.M.A.No.2782 of 2021 preferred by the claimant
stands dismissed and the C.M.A.No.3552 of 2021 preferred by the Insurance
Company stands partly allowed. No costs. Consequently, connected
Miscellaneous Petition is closed.
[M.K.K.S.,J.] [V.S.G.,J.]
30.03.2022
Jer
Intex : Yes/No
Internet : Yes/No
Speaking order/Non-speaking order
To
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.2782 and 3552 of 2021
1. The Motor Accident Claims Tribunal,
Special Sub Court No.1, Small Causes Court, Chennai.
2. The Section Officer,
V.R.Section,
Madras High Court, Chennai.
K.KALYANASUNDARAM, J.
and
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.2782 and 3552 of 2021
V.SIVAGNANAM, J.
Jer
C.M.A.Nos.2782 and 3552 of 2021
and
C.M.P.No.20683 of 2021
30.03.2022
https://www.mhc.tn.gov.in/judis
