Madras High Court

C.Arul Suresh vs K.Narayanan on 13 September, 2022

                                                                        C.M.A.No.2281 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 13.09.2022

                                                   CORAM:

                                  THE HONOURABLE MS.JUSTICE V.M.VELUMANI
                                                   and
                                  THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                                             C.M.A.No.2281 of 2021

                  C.Arul Suresh                                               ... Appellant

                                                     Vs.

                  1.K.Narayanan
                  (R1 remained exparte before the
                  Tribunal and his presence is dispensed with)

                  2.The Divisional Manager
                  United India Insurance Company Limited
                  Officers Lane, Vellore
                  Issuing Office at No.74/A2
                  Sathiya Medical Complex
                  1st floor, Vaniyambadi Road
                  Opposite to Sacred Hearts College
                  Tirupattur Town, Vellore District.

                  3.G.Malayan                                               ... Respondents


                  Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor

                  Vehicles Act, 1988, against the judgment and decree dated 13.08.2019 made


                  1/10


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                                                                               C.M.A.No.2281 of 2021

                  in M.C.O.P.No.84 of 2015 on the file of Motor Accident Claims Tribunal,

                  Special Sub Court, Tirupattur.

                                            For Appellant    : Mrs.A.Subadra

                                            For R2          :   Mr.A.Dhiraviyanathan

                                                      JUDGMENT

(Judgment of the Court was delivered by V.M.VELUMANI,J.)

The Civil Miscellaneous Appeal is filed for enhancement of

compensation granted by the Tribunal in the award dated 13.08.2019 made in

M.C.O.P.No.84 of 2015 on the file of Motor Accident Claims Tribunal,

Special Sub Court, Tirupattur.

2.The appellant is claimant in M.C.O.P.No.84 of 2015 on the file of

Motor Accident Claims Tribunal, Special Sub Court, Tirupattur. He filed the

said claim petition claiming a sum of Rs.1,00,00,000/- as compensation for

the injuries sustained by him in the accident that took place on 07.12.2014.

3.The Tribunal considering the pleadings, oral and documentary

evidence, held that the accident has occurred only due to rash and negligent

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driving by the driver of the auto belonging to the respondents 1 and 3 and

directed the 2nd respondent/Insurance Company being insurer of the said

vehicle to pay a sum of Rs.2,13,000/- as compensation to the appellant.

4.Not being satisfied with the amounts awarded by the Tribunal, the

appellant has come out with the present Civil Miscellaneous Appeal seeking

enhancement of compensation.

5.The learned counsel appearing for the appellant contended that in the

accident, the appellant suffered traumatic left optic nerve compression, left

side depressed frontal fracture, left zygomatic fracture and left maxillary

fracture. The appellant suffered 30% disability. Due to the injuries, the

appellant has lost vision in left eye and marked the certificate issued by

Sankara Nethralaya Hospital as Ex.P9. The Tribunal ought to have adopted

multiplier method while awarding compensation towards loss of earning

capacity. At the time of accident, the appellant was working as Technical

leader in Cognizant Technology Solutions India Private Limited and was

earning a sum of Rs.50,196/- per month. The Tribunal without considering

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the same, fixed only a sum of Rs.50,000/- as monthly income of the appellant.

The Tribunal has not awarded any compensation towards medical expenses,

future medical expenses and loss of earning capacity. The amounts awarded

by the Tribunal under different heads are meagre and prayed for enhancement

of compensation.

6.Per contra, the learned counsel appearing for the 2nd

respondent/Insurance Company contended that the appellant is still

continuing his job and hence, there is no loss of earning capacity. The

appellant has not suffered any functional disability and therefore, he is not

entitled to any compensation towards disability by adopting multiplier

method. The total compensation awarded by the Tribunal is not meagre. The

appellant has not made out any case for enhancement of compensation and

prayed for dismissal of the appeal.

7.Heard the learned counsel appearing for the appellant as well as the

learned counsel appearing for the 2nd respondent and perused the entire

materials on record.

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8.From the materials on record, it is seen that it is the case of the

appellant that in the accident, he suffered traumatic left optic nerve

compression, left side depressed frontal fracture, left zygomatic fracture and

left maxillary fracture and the disability is fixed as 30%. Due to the injuries,

the appellant has lost vision in left eye and marked the certificate issued by

Sankara Nethralaya Hospital as Ex.P9. The contention of the learned counsel

appearing for the appellant that the appellant suffered permanent disability

and as per Section 142 of the Motor Vehicles Act, multiplier method has to be

adopted for granting compensation, cannot be accepted. From the award of

the Tribunal and evidence of appellant, it is seen that appellant himself has

admitted that he is continuing his work as Technical Leader in Cognizant

Technology Solutions India Private Limited, Chennai and his monthly income

is Rs.50,196/-. To prove the same, the appellant has marked the salary

certificate as Ex.P15. The Tribunal considering the same, fixed the monthly

income of the appellant as Rs.50,000/-. The learned counsel for the appellant

has not produced any document to show that appellant suffered functional

disability and lost his earning capacity. The appellant also has not filed any

document to show that his income has been reduced due to the injuries and

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disability. In view of the admission of the appellant as P.W.1 that he is

continuing the job and getting income, the appellant is not entitled for

compensation by adopting multiplier method. The appellant suffered 30%

disability. The Tribunal granted compensation by adopting percentage method

by fixing Rs.3,000/- per percentage of disability. This Court by judgment

dated 09.01.2020 made in C.M.A.No.4870 of 2020 in the case of

M/s.IFFCO TOKIO General Insurance Company Limited vs. Venkatesh

and another), fixed a sum of Rs.4,000/- per percentage of disability for the

accident occurred in the year 2014 & 2015 and a sum of Rs.5,000/- per

percentage of disability for the accident occurred from the year 2016

onwards, due to raise in cost of living. In the present case, the accident is of

the year 2014. In view of the same, fixing Rs.4,000/- per percentage of

disability, the compensation awarded by the Tribunal towards disability is

modified to Rs.1,20,000/- (Rs.4,000/- X 30%).

8(i). The appellant contended that he has taken treatment in CMC

Hospital, Vellore and then in SRM Institutes for Medical Science, Vadapalani,

Chennai and underwent surgery on 09.12.2014. He has also marked two

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discharge summaries as Exs.P3 and P5 to that effect. Considering the nature

of injuries, disability and period of treatment taken by the appellant, the

compensation awarded by the Tribunal towards extra nourishment, attendant

charges, transportation and loss of amenities are enhanced from Rs.5,000/- to

Rs.20,000/-, from Rs.3,000/- to Rs.20,000/-, from Rs.5,000/- to Rs.10,000/-

and from Rs.10,000/- to Rs.20,000/- respectively, as the amounts awarded by

the Tribunal are meagre. Though the appellant claimed that he had incurred

medical expenses and filed Exs.P10 to P14 to prove the same, the appellant as

P.W.1 himself admitted that the medical expenses incurred by him was

reimbursed from the Company, where he is working and the Company has

paid a sum of Rs.2,00,000/- towards medical expenses. In view of the same,

the appellant is not entitled to any compensation towards medical expenses.

Further, the appellant has not produced any document to show that he

requires future medical treatment and therefore, he is not entitled to any

amount towards future medical expenses. The amounts awarded by the

Tribunal under different heads are just and proper and hence, the same are

hereby confirmed. Thus the compensation awarded by the Tribunal is

modified as follows:





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                                                                                   C.M.A.No.2281 of 2021




                    S.No          Description       Amount        Amount awarded        Award
                                                   awarded by      by this Court     confirmed or
                                                    Tribunal           (Rs)          enhanced or
                                                      (Rs)                            granted or
                                                                                       reduced
                   1.         Disability                90,000           1,20,000 Enhanced
                   2.         Pain and suffering        50,000            50,000 Confirmed
                   3.         Extra nourishment          5,000            20,000 Enhanced
                   4.         Attendant charges          3,000            20,000 Enhanced
                   5.         Transportation             5,000            10,000 Enhanced
                   6.         Loss of income            50,000            50,000 Confirmed
                   7.         Loss of amenities         10,000            20,000 Enhanced
                              Total                    2,13,000          2,90,000 Enhanced by
                                                                                  Rs.77,000/-

9.In the result, this Civil Miscellaneous Appeal is partly allowed and

the compensation awarded by the Tribunal at Rs.2,13,000/- is hereby

enhanced to Rs.2,90,000/- together with interest at the rate of 7.5% per

annum from the date of petition till the date of deposit. The 2nd

respondent/Insurance Company is directed to deposit the award amount now

determined by this Court along with interest and costs, less the amount

already deposited, if any, within a period of six weeks from the date of receipt

of a copy of this judgment. On such deposit, the appellant is permitted to

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withdraw the award amount now determined by this Court along with interest

and costs, less the amount if any, already withdrawn. The learned counsel for

the appellant is directed to pay necessary Court fee on the enhanced award