Madras High Court
Arun Samuvel vs Kavinkumar on 10 April, 2023
C.M.A.No.774 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.04.2023
CORAM:
The HONOURABLE MRS.JUSTICE N.MALA
C.M.A.No.774 of 2023
Arun Samuvel ... Appellant
vs.
1.Kavinkumar
2.The Managing Director,
Tamil Nadu Transport Corporation Limited,
Erode Transport,
No.37, Mettupalayam Road,
Coimbatore 641 043. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Judgment and decree dated
13.12.2021 made in M.C.O.P.No.1683 of 2018 on the file of the Motor
Accident Claims Tribunal, Special Subordinate Court, Coimbatore.
For Appellant : Mr.R.Navaneetha Krishnan
For R2 : Mr.M.Muralivinoth
https://www.mhc.tn.gov.in/judis
1/10
C.M.A.No.774 of 2023
JUDGMENT
The Civil Miscellaneous Appeal is filed by the
appellant/claimant challenging the Judgment and decree dated 13.12.2021
passed in M.C.O.P.No.1683 of 2018 on the file of the Motor Accident
Claims Tribunal, Special Subordinate Court, Coimbatore.
2. The claimant has filed this appeal for enhancement of
compensation.
3. The brief facts of the case are as follows:
On 03.07.2018 at about 10.15 A.M., while the appellant was riding a
motorcycle along with one pillion rider on the left side margin of the
Coimbatore Road, near Ganesapuram Pannariamman Mill, the driver of
the bus bearing Registration No.TN.33.N.3154 came in a rash and
negligent manner and hit the appellant, as a result of which, the appellant
sustained fracture of right 2nd, 3rd and 4th rib in chest, left forearm distal
bone fracture and inter hemispheric bleed in the brain and other grievous
injuries all over his body. The appellant was taken to PSG Hospital for
treatment and was later shifted to Ganga Hospital. The appellant
therefore filed the Claim Petition claiming a sum of Rs.73,00,000/- as
compensation as against the first and second respondents herein.
https://www.mhc.tn.gov.in/judis
C.M.A.No.774 of 2023
4. The second respondent/ Transport Corporation filed a counter to
the claim petition stating that the accident occurred only due to the rash
and negligent driving of the two wheeler rider and that the first
respondent/ driver had driven the vehicle slowly and carefully by
following road traffic Rules. Hence, according to the appellant the
accident occurred only due to the rash and negligent driving of the two
wheeler rider and so the claim petition deserved to be dismissed.
5. Before the Claims Tribunal, the appellant examined herself as
P.W.1 and the Doctor was examined as P.W.2. The appellant filed
documents Exs.P10 to P19 and Court documents were marked as Ex.C1
and Ex.C2 in support of his case. The second respondent on the other
hand examined R.W.1, the driver of the Transport Corporation and further
marked Ex.R1 in support of its case.
6. The Claims Tribunal, on the basis of both oral and
documentary evidence on record held that the accident occurred due to the
negligence of the driver of the Transport Corporation.
https://www.mhc.tn.gov.in/judis
C.M.A.No.774 of 2023
7. The Tribunal considered the certificate issued by the
Medical Board, the nature of injuries and the functional disability
sustained by the claimant, adopted the multiplier method and assessed the
loss of income at Rs.17,13,600/-. The Claims Tribunal thereafter awarded
a sum of Rs.39,04,706/-.
8. Not satisfied with the amount of compensation awarded by
the Tribunal, the appellant has preferred the above appeal.
9. The learned counsel appearing for the appellant submitted
that from Ex.P.19, photograph, it is seen that the claimant sustained
100% functional disablement. The learned counsel for the appellant
further submitted that the assessment of disability at 46% fixed by the
Tribunal was erroneous in as much as the Doctor - P.W.3 had assessed the
permanent disability at 85%.
10. The learned counsel for the appellant further submitted that
the appellant had sustained fracture of right 2nd, 3rd and 4th rib in chest, left
forearm distal bone fracture and inter hemispheric bleed in the brain and
and therefore, the assessment of disability at 46% was disproportionate to
https://www.mhc.tn.gov.in/judis
C.M.A.No.774 of 2023
the nature of injuries sustained by the appellant. He further submitted
that the monthly income at Rs.12,000/- assessed by the Tribunal was on
the lower side. The learned counsel for the appellant further submitted
that the award of the Tribunal under the various heads was also very
meagre and the same deserved to be enhanced.
11. The learned counsel for the second respondent submitted
that the award passed by the Tribunal was just, fair and reasonable and
did not call for any interference in this appeal.
12. I have heard both the learned counsel for the appellant and
the learned counsel for the second respondent. I have also perused the
materials available on record .
13. From the materials available on record, it is seen that the
Tribunal held that the accident occurred only due to rash and negligent
driving of the transport corporation bus driver. The appellant sustained
fracture in right 2nd, 3rd and 4th rib in chest, left forearm distal bone
fracture and inter hemispheric bleed in the brain. He took treatment as
inpatient at Coimbatore Ganga Hospital from 03.07.2018 to 13.08.2018,
https://www.mhc.tn.gov.in/judis
C.M.A.No.774 of 2023
took further treatment as inpatient from 23.08.2018 to 03.09.2018 at Sri
Ramakrishna Hospital and later re-admitted as inpatient from 28.01.2019
to 02.02.2019 at Ganga Hospital. The Medical Board vide Ex.C.1
Disability Certificate assessed the permanent disability at 50% .
14. It is the case of the appellant that he was working as an IT
professional in a private company and earning Rs15,000/- p.m. The
Tribunal in the absence of any evidence in support of the appellant's
employment assessed the income at Rs.12,000/- p.m. No doubt, there is
no evidence to prove the actual salary of the claimant, but it is seen that
there is no counter evidence disputing the fact that the appellant was
working as an IT professional at the time of the accident. As the
respondents have not let any counter evidence disputing the claim of the
appellant, I am of the view that the monthly income of the claimant can be
fixed at Rs.14,500/-. 40% of the income is taken towards future
prospects.
15. The Tribunal awarded a sum of Rs.3,000/- towards
damages to clothes, which sum in my view is very meagre. Therefore,
the amount under the head damage to clothes is enhanced to Rs.10,000/-.
https://www.mhc.tn.gov.in/judis
C.M.A.No.774 of 2023
In respect of other heads, the award of the Tribunal in my view is
reasonable.
16. In the light of the above discussion, the compensation
under the various heads is enhanced and modified as follows:-
Sl. Amount Amount Award
No Description awarded by the awarded by this confirmed or
Tribunal Court enhanced or
(Rs.) (Rs.) granted or
reduced
1 Loss of Income Rs.17,13,600/- 19,99,200/- Enhanced
(Rs.12,000 + (Rs.14,000
40% = 16,800 +40% = 19,600
x12x17x50%) x 12x17 x
50%)
2 Pain and sufferings 3,00,000 3,00,000 Confirmed
3 loss of amenities 2,00,000 2,00,000 Confirmed
4 Medical Expenses 12,63,106 12,63,106 Confirmed
5 Loss of future 2,50,000 2,50,000 Confirmed
marriage expectation
6 Transport expenses 25,000 25,000 Confirmed
7 Extra nourishment 50,000 50,000 Confirmed
8 Attendant charges 1,00,000 1,00,000 Confirmed
9 Damage to clothes 3,000 10,000 Enhanced
Rs.39,04,706 Rs.41,97,306 Enhanced by
Total Rs.2,92,600/-
https://www.mhc.tn.gov.in/judis
C.M.A.No.774 of 2023
17. Thus, the appellant would be entitled to a sum of
Rs.2,92,600/- together with interest at the rate of 7.5% per annum.
18. It is submitted by the learned counsel for the appellant that
the appeal was filed with a delay of 221 days and this Hon'ble Court at the
time of condoning the delay ordered that the appellant shall not be entitled
to interest for the delay period of 221 days. It is therefore made clear that
the appellant shall not be entitled to interest on the enhanced amount of
compensation for the delay period of 221 days.
19. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed.
ii) The compensation awarded by the Tribunal is
enhanced from Rs.39,04,706/- to Rs.41,97,306
(Rs.41,97,306 - Rs.39,04,706/- = Rs.2,92,600) which
shall carry interest at the rate of 7.5% per annum
from the date of numbering of appeal till the date of
deposit. The apportionment shall be as ordered by
the Tribunal.
(iii) The appellant is directed to pay the Court Fee for the
enhanced compensation, if any, and the Registry is
https://www.mhc.tn.gov.in/judis
C.M.A.No.774 of 2023
directed to draft the decree only after the payment of
Court fee.
(iv)The second respondent/Transport Corporation is
directed to deposit the entire amount modified by this
Court along with interest and costs before the
Tribunal within a period of six weeks from the date
of receipt of a copy of this order, after deducting the
amount already deposited, if any. The appellant shall
thereafter be entitled to withdraw the entire amount.
No costs.
10.04.2023
Index : Yes/No
Neutral Citation : Yes/No
kkd
https://www.mhc.tn.gov.in/judis
C.M.A.No.774 of 2023
N.MALA, J.
kkd
To:
The Motor Accidents Claims Tribunal,
Special Subordinate Court, Coimbatore.
C.M.A.No.774 of 2023
10.04.2023
https://www.mhc.tn.gov.in/judis
