Madras High Court
C.Hemanth vs Gorla Venkateswar Rao on 10 October, 2022
C.M.A.No.1335 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.10.2022
CORAM
THE HONOURABLE Ms.JUSTICE P.T.ASHA
C.M.A.No.1335 of 2017
C.Hemanth .. Appellant
-Vs.-
1. Gorla Venkateswar Rao
[R1 set ex-parte before the lower Court]
2.The ICICI Lombard General Insurance Company Limited,
Arihant Plaza, Nos.84 and 85, Wall Tax Road,
Chennai 600 003 ...Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, against the judgment and decree dated 29.02.2016 made in
M.C.O.P.No.3382 of 2011 on the file of the Motor Accident Claims
Tribunal (IV Judge, Court of Small Causes) at Chennai.
1/8
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C.M.A.No.1335 of 2017
For Appellant : Ms.S.R.Surya
For Respondent-1 : Ex-parte
For Respondent-2 : Ms.R.Sreevidya
JUDGMENT
Aggrieved by the Award passed by the Motor Accident Claims
Tribunal, Chennai (IV Court of Small Causes) Chennai in M.C.O.P.No.3382
of 2011, the petitioner has filed the above appeal.
2. The parties are referred to in the same ranking as before the
Tribunal. The brief facts are as follows:-
The petitioner is an Advocate by profession and he would submit that
he was earning a minimum sum of Rs.10,000/- per month. On 02.07.2011
at about 18.30 hours, when he was proceeding as a pillion rider in a motor-
cycle bearing Registration No.TN 07 AG 3783 at MRO Office,
Vadamalapet Puttur-Renigunta NH Road, a tractor bearing Registration
No.AP 03 AM 0828 and trailer, bearing Registration No.AP 03 AM 0829,
which is proceeding in front of the motor-cycle carrying plastic pipes. The
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C.M.A.No.1335 of 2017
petitioner's vehicle was behind the tractor trailer, the driver was driving the
same in a rash and negligent manner. All of a sudden, he had stopped the
vehicle, as a result of which, the pipes had hit the face of the petitioner, who
was riding pillion in the motor cycle. On account of the said accident, the
petitioner had suffered the following injuries:
1. Fracture of Both walls of Right Frontal Sinus
2. Communited Fracture of the Right frontal Bone
with Inward Displacement of few Fragments
3. Communited Fracture of Right parietal Bone
4. Communited Fracture of the Roof, medial and
lateral walls of the Right orbit
5. communited Fracture of the Right Zygomatic arch
6. Communited Depressed Fracture of all the walls
of the right maxillary sinus and the floor of the right
orbit and undergone open reduction and internal
fixation of fracture right zygomatic maxillary complex
with fracture Right Orbit and frontal bone
7. Fracture of greater and lesser wing of left
sphenoid
8. Right Basifrontal Contusion
9. Injury on the right the right eye causing
compression to the Optic Nerve and displacement of
eye ball.
The accident has caused disfigurement of his face. It is also seen that the
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C.M.A.No.1335 of 2017
petitioner has suffered a reduced vision in his right eye.
3. The Tribunal has adopted a notional income of only a sum of
Rs.6,500/- and adopted multiplier method to arrive at a compensation of a
sum of Rs.7,02,000/- under the head of “functional disability”. That apart,
despite the number of days that the petitioner has been hospitalized, the
Tribunal has awarded only a sum of Rs.10,000/- under the head of “Extra
nourishment”, Rs.6,500/- under the head of “Attender Charges” and a sum
of Rs.25,000/- under the head of “Future medical expenses”.
4. Heard the learned counsel for the appellant and the learned
counsel for the second respondent-Insurance Company.
5. The appellant is a Lawyer by profession and he would have
earned anything between Rs.8,000/- to Rs.10,000/-. Therefore, the notional
income shall be enhanced to a sum of Rs.8,000/-. Consequently, the amount
under the head of functional disability would be enhanced to a sum of
Rs.8,64,000/-. [Rs.8,000 x 12 x 18(multiplier) x 50%(disability)]. Further,
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C.M.A.No.1335 of 2017
a sum of Rs.10,000/- is added towards the Extra nourishment charges.
Likewise, the amount under the head of attender charges is enhanced to a
sum of Rs.15,000/- and the amount under the head of future medical
expenses is also enhanced to a sum of Rs.50,000/-. Accordingly, the
re-worked compensation would be as follows:-
Heads Amount by the Amount Awarded by
Tribunal this Court
in Rs. in Rs.
Functional Disability 7,02,000 8,64,000
Pain and Suffering 1,00,000 1,00,000
Extra Nourishment 10,000 20,000
Transport to Hospital 20,000 20,000
Damages to clothes 1,000 1,000
Attender charges 6,500 15,000
Medical expenses 4,30,600 4,30,600
Future medical expenses 25,000 50,000
Loss of income 39,000 39,000
Loss of Amenities 25,000 25,000
Loss of marriage prospects 25,000 25,000
Total 13,84,100 15,89,600
6. The appeal is partly allowed and the impugned Award of the
Tribunal is modified, enhancing the compensation amount from
Rs.13,84,100 to Rs.15,89,600 The second respondent-Insurance Company
is directed to deposit the said amount to the credit of M.C.O.P.No.3382 of
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C.M.A.No.1335 of 2017
2011 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.
10.10.2022
srn
To
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C.M.A.No.1335 of 2017
1. The Motor Accident Claims Tribunal
(IV Judge, Court of Small Causes) at Chennai.
2. The Section Officer,
V.R.Section, High Court, Madras.
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C.M.A.No.1335 of 2017
P.T.ASHA, J.,
srn
C.M.A.No.1335 of 2017
10.10.2022
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