Madras High Court
N.Varalakshmi vs R.Mohandoss on 14 September, 2022
C.M.A.No.513 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.09.2022
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.M.A.No.513 of 2017
N.Varalakshmi ... Appellant / Petitioner
Vs
1.R.Mohandoss
2.K.Kumar
3.The New India Assurance Co. Ltd.,
No45, 5th Floor, Moore Street
2nd Line Beach
Chennai - 600 001. ... Respondents / Respondents
Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, praying to enhance the award dated 02.09.2014 made in
M.A.C.T.O.P.No.4027/2012 on the file of the Motor Accident Claims
Tribunal ( In the Court of II Judge, Small Causes) Chennai.
1/7
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C.M.A.No.513 of 2017
For Appellant : Mr.A.Subradra
For Respondents : Mr.Krishnamoorthy [R3]
R1 & R2 - Exparte
JUDGMENT
The petitioner is the appellant herein before this Court seeking
enhancement of the Award passed in M.A.C.T.O.P.No.4027 of 2012 by the
Motor Accident Claims Tribunal, Chennai.
2. It is the case of the petitioner that she had sustained injuries in a
road accident on 05.08.2012 and she is a house wife and he had suffered a
comminuted fracture distal radius left, contusion injury public region and
multiple injuries all over the body. She had sought for a compensation of
Rs.6,00,000/-.
3. The claim of the petitioner was denied by the third respondent-
Insurance Company. The first and second respondents, who are the insured
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C.M.A.No.513 of 2017
and the driver had not participated in the proceedings and were therefore set
ex-parte. The Tribunal had awarded a sum of Rs.2,16,000/- as compensation.
4. The Tribunal had observed that the injuries/disability had not in
any fashion reduced the earning capacity, but had caused a functional
disability to the petitioner/appellant. However, considering the injuries, the
Tribunal ought to have taken the entire disability and adopted a sum of
Rs.3,000/- for per percentage for calculating the loss on account of the
disability. The petitioner was a house wife, the Tribunal had therefore
adopted her income as Rs.5,000/- and calculated the loss of income for two
months as Rs.10,000/-. It is needless to state that a home maker has no fixed
hours of working, no holidays and her work is 24x7. If each of the work that
a home maker does in confines of her home and the same task is to be done
by a third person after receiving the wages the monthly outflow for a family
would be rather steep. The home maker job does not stop with cooking and
cleaning the house but also extends into different forms, she does the role of a
maid servant, a good advisor, a nurse, a care giver etc., Therefore, the
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C.M.A.No.513 of 2017
monthly income can be safely taken as Rs.10,000/- and the loss of income
would be a sum of Rs.20,000/- for two months. She must have incurred
expenses for transportation from her residence to the hospital, therefore, a
sum of Rs.10,000/- is granted under the head of transportation charges.
Further, she has been in hospital for about 6 days and there must have
someone be attended her. Therefore, the amount under the head of attender
charges is enhanced to a sum of Rs.10,000/-. The amount under the head of
disability would be a sum of Rs.1,05,000/- (Rs.3,000 x 35). Therefore, the
re-worked compensation is as follows:-
Heads Amount by the Amount Awarded
Tribunal by this Court
in Rs. in Rs.
Loss of income for 2 months 10,000 20,000
Transportation Charges 5,000 10,000
Extra Nourishment 5,000 5,000
Damages to clothes 1,000 1,000
Medical expenses 90,000 90,000
Attender Charges 5,000 10,000
Mental agony and pain and 30,000 30,000
sufferings
Disability 70,000 1,05,000
(Rs.2,000 x (Rs.3000 x 35%)
35%)
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C.M.A.No.513 of 2017
Heads Amount by the Amount Awarded
Tribunal by this Court
in Rs. in Rs.
Total 2,16,000 2,71,000
8. The appeal is partly allowed and the impugned Award of the
Tribunal is modified, enhancing the compensation amount from Rs.2,16,000
to Rs.2,71,000. The third respondent-Insurance Company is directed to
deposit the said amount to the credit of M.A.C.T.O.P.No.4027 of 2012 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
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C.M.A.No.513 of 2017
the claimants. In other respects, the Award of the Tribunal is hereby
confirmed. There shall be no order as to costs in the present appeal.
14.09.2022
Index : Yes / No
Speaking order / Non-speaking order
srn
To:
1.The Judge
Court of Small Causes - II
Motor Accident Claims Tribunal
Chennai.
2.The Section Officer
V.R.Section, High Court, Madras.
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C.M.A.No.513 of 2017
P.T.ASHA, J.,
srn
C.M.A.No.513 of 2017
14.09.2022
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