Madras High Court
D.Ramkumar vs M.M.S.Roadlines on 12 October, 2022
C.M.A.No.2227 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.10.2022
CORAM:
THE HONOURABLE Ms. JUSTICE P.T.ASHA
C.M.A.No.2227 of 2019
D.Ramkumar ... Appellant
vs.
1.M.M.S.Roadlines,
No.44, Bajanaikoil Street,
Pudupalayam & Post,
Gobichettipalayam Taluk,
Erode District.
(R1 set ex-parte before the tribunal,
Hence notice may be dispensed with)
2.Reliance General Insurance Co. Ltd.,
Kirusti Mahal, Second Floor,
New No.41, Eigth Street,
Tatabath, Coimbatore-641 012. ... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, against the Order and Decreetal order in
M.C.O.P.No.288 of 2011 dated 21.01.2013 on the file of the Motor
Accident Claims Tribunal / Sub-Ordinate Judge, Sathyamangalam.
For Appellant : Mr.S.Kamadevan
For Respondents : Mr.E.Rajadurai
for M/s.M.B.Gopalan Associates [R2]
R1 – Ex-parte
1/8
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C.M.A.No.2227 of 2019
JUDGMENT
The petitioner before the Tribunal has filed this appeal seeking
enhancement of the compensation awarded by the Motor Accident Claims
Tribunal, Sub-Ordinate Judge, Sathyamangalam in M.C.O.P.No.288 of
2011.
2. The brief facts are as follows:
The appellant herein had filed the above claim petition seeking
compensation of a sum of Rs.10,00,000/- for the injuries sustained by him
in a road accident on 04.05.2011. It is the contention of the appellant that
on the said date at about 0.30 hrs., the appellant was travelling in a Tata
Indica Vista Car bearing Reg.No.TN-36-M-6868. The car was driven by
one Sakthivel and the appellant was travelling in the car along with
Chinnasamy, Gopal @ Marimuthu from Bangalore to Gobichettipalayam.
When the vehicle had reached Gobichettipalayam-Adhani main road, near
Thottipalayam junction, the driver of the Car drove the same in a rash and
negligent manner, as a result of which, he lost control of the vehicle and
that the car hit the tree on the right side. The driver lost his life on the spot
and the appellant and the others had sustained grievous injuries and they
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C.M.A.No.2227 of 2019
were admitted at Gobichettipalayan Government Hospital. Chinnasamy was
declared dead on arrival at the hospital and the appellant and the other
passenger Gopal @ Marimuthu were given first aid treatment and
thereafter, the appellant was admitted to the Ganga Medical Centre &
Hospital (P) Ltd., Coimbatore. The appellant would submit that he is 50
years of age, working as sales representative in Maruthi Bus body building
Coach and earning a monthly income of Rs.30,000/-. By reason of the
accident, he had sustained a closed Tibia fracture in his left leg, closed both
bones segmental fracture in right leg.
3. The 1st respondent / owner of the vehicle remained exparte and it
was the 2nd respondent/Insurance Corporation which had contested the
claim petition. The 2nd respondent/Insurance Company had put the appellant
to strict proof of the contention in the claim statement which includes his
age, income and occupation. The 2nd respondent had also raised the doubt as
to whether the vehicle had a proper insurance cover, fitness certificate and
the driver of the vehicle had a valid driving licence at the time of accident.
4. The Tribunal below had considered the evidence both oral and
documentary and held that the accident had occurred only on account of the
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C.M.A.No.2227 of 2019
negligence on the part of the deceased driver of the car. Thereafter, taking
into account the injuries sustained by the appellant and its nature, the
Tribunal had awarded a sum of Rs.3,63,425/- as compensation.
5. Since the appellant's injuries has not caused any loss of earning or
impairment in his functioning, the Tribunal has calculated the
compensation for disability by adopting the percentage method. Aggrieved
by the award passed by the Tribunal below, the appellant is before this
Court seeking enhancement.
6. The learned counsel appearing on behalf of the appellant would
submit that despite the injuries sustained and the disability assessed by the
doctor who was examined as PW2, the Tribunal had granted compensation
only by percentage method, whereas, the Tribunal ought to have granted the
compensation by adopting multiplier method. That apart, the Tribunal has
only taken a sum of Rs.4,500/- to be the salary of the appellant despite he
producing Ex.P10-Salary Certificate, wherein, his employer has given
certificate that he was earning a salary of Rs.12,500/- p.m.
7. The learned counsel for the 2nd respondent/Insurance Company on
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C.M.A.No.2227 of 2019
the other hand would submit that the Tribunal has taken into account all
the relevant factors and passed a reasonable award which does not require
any modification.
8. Heard the learned counsel on either side and perused the materials
on record.
9. The accident had taken place in the year 2011. The appellant has
marked Ex.P10 Salary Certificate and the same has not been seriously
objected by the 2nd respondent/Insurance Company. The Tribunal has only
taken a sum of Rs.2,000/- per percentage to calculate the compensation for
disability, the same can be enhanced to Rs.3,000/- per percentage, taking
into account the year and nature of injuries. Therefore, the amount under
the head of disability @ 30% would be Rs.90,000/-. Further, the appellant
has produced Ex.P10 Salary Certificate to show his salary, no doubt the
same has been marked through the witness himself and could be construed
as the document created for the purpose of the case. However, the appellant
would atleast have earned a minimum of Rs.6,000/- p.m. Therefore, the
amount under the head of loss of earning for six months would be
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C.M.A.No.2227 of 2019
Rs.36,000/- (Rs.6000/- X 6). In all other aspects, the award of the Tribunal
appears to be very reasonable and I see no reason to interfere with the same.
Therefore, the Compensation awarded by the Tribunal is reworked as
below:
S.No. Description Amount Amount Award
awarded by awarded by confirmed
Tribunal this Court or
enhanced
or granted
or reduced
1 Pain and Rs. 45,000/- Rs. 45,000/- Confirmed
Sufferings
2 Attender Charges Rs. 18,000/- Rs. 18,000/- Confirmed
3 Extra Rs. 9,000/- Rs. 9,000/- Confirmed
Nourishment
4 Transportation Rs. 2,000/- Rs. 2,000/- Confirmed
5 Medical Expenses Rs. 2,02,425/- Rs. 2,02,425/- Confirmed
6 Loss of income for Rs. 27,000/- Rs. 36,000/- Enhanced
six months
7 Permanent Rs. 60,000/- Rs. 90,000/- Enhanced
disability @ 30%
TOTAL Rs. 3,63,425/- Rs.4,02,425/-
5. In the result, this Civil Miscellaneous Appeal is allowed and the
compensation of Rs.3,63,425/- awarded by the Tribunal is hereby Enhanced
to a sum of Rs.4,02,425/-. Therefore, the 2nd respondent / Insurance
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C.M.A.No.2227 of 2019
Company is directed to deposit the enhanced amount of Rs.4,02,425/- to
the credit of M.C.O.P.No.288 of 2011 on the file of the Motor Accident
Claims Tribunal, Sub-Ordinate Judge, Sathyamangalam, together with
interest @ 7.5% per annum from the date of claim petition till the date of
deposit and costs, less, the amount, if any already deposited, within a period
of four weeks from the date of receipt of a copy of this Judgement. On such
deposit being made, the claimant is permitted to withdraw the amount now
determined by this Court, as apportioned by the Tribunal, along with
interest and costs, after adjusting 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. No costs.
12.10.2022
Index : Yes/No
Speaking / Non-speaking order
ssn
P.T.ASHA, J.,
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C.M.A.No.2227 of 2019
ssn
To:
1. The Motor Accident Claims Tribunal,
Sub-Ordinate Judge,
Sathyamangalam.
2. The Section Officer,
V.R.Section,
High Court of Madras,
Chennai.
C.M.A.No.2227 of 2019
12.10.2022
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