Nagappan vs N.Vijay
2023 Latest Caselaw 3952 Mad

                                                                              CMA.No.523 of 2023

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED :10.04.2023

                                                      CORAM :

                                   THE HONOURABLE MRS.JUSTICE N.MALA

                                     Civil Miscellaneous Appeal No.523 of 2023

                     Nagappan                                    ... Appellant/Claimant

                                                      -Vs-

                     1. N.Vijay
                     2. National Insurance Company Ltd.,
                        Motor third Party Hub, Regina Mansion,
                        No.46, Moore Street, 3rd Floor,
                        Chennai – 600 001.                             … Respondents

                     Prayer : Civil Miscellaneous Appeal is filed under Section 173 of the
                     Motor Vehicles Act, 1988, to enhance the amount awarded in
                     M.C.O.P.No.4776 of 2016 dated 27.02.2020 on the file Motor Accident
                     Claims Tribunal, (Small Causes Court, Special Sub Court No.2) Chennai.


                                  For Appellant        : Mr.K.Varadha Kamaraj
                                  For Respondents      : R1- No appearance
                                                       : Mrs.R.Sreevidhya [R2]




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                                                                                    CMA.No.523 of 2023

                                                        JUDGMENT

This Civil Miscellaneous Appeal is filed against the judgment and

decree dated 27.02.2023 made in MCOP No.4776 of 2016 on the file of

the Motor Vehicle Accident Claims Tribunal, Small Causes Court, Special

Sub Court No.2, Chennai.

2. The claimant has filed this appeal seeking enhancement of

compensation.

3. The claimant filed the claim petition claiming Rs.10,00,000 as

compensation for the injuries suffered by him in the accident, which

occurred on 13.06.2016. According to the claimant he sustained fracture

in the right leg and right hand. The claimant was working as a Mason and

his monthly income was Rs.700/- per day. The Claims Tribunal in the

absence of evidence regarding the income of the claimant assessed the

income at Rs.8000/- per month and added 25% towards future prospects.

Taking into consideration, the disability assessed by the Medical Board at

37%, the claims Tribunal awarded a sum of Rs.5,77,200/- @ 7.5% as

compensation.

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CMA.No.523 of 2023

4. Not satisfied with the award of the Tribunal under the head of

loss of income, the claimant has filed the above Civil Miscellaneous

Appeal.

5. It is seen that the accident took place on 13.06.2016 and the

claimant sustained fracture of the right leg and right forearm. In my view

the Tribunal has rightly adopted the multiplier method as it is seen that

the claimant was a Mason and had sustained fracture of the right leg and

and right forearm.

6. The learned counsel for the claimant/appellant submits that the

income of the appellant was assessed at Rs.8,000/- as against the claim of

Rs.15,000/-. The counsel submitted that the income assessed is very

much on the lower side.

7. It is seen that the claimant was aged 45 years at the time of the

accident and was working as a Mason. The claimant has claimed

Rs.700/- per day. In my view, as the accident occurred in 2016, Rs.480/-

per day for 25 days of a month can be taken as the income, The income is

therefore fixed at Rs.12,000/- per month. It is also seen that though the https://www.mhc.tn.gov.in/judis

CMA.No.523 of 2023

Medical Board has fixed the disability at 47%, the functional disability

was assessed at 37% by the Tribunal. I am of the opinion that in the

absence of any compelling reasons, the functional disability fixed at 37%

need not interfered. If the income of the claimant is taken at Rs.12,000/-,

then the compensation under the head of loss of income works out to

Rs.8,65,800/- [(12,000+ 25%) * 12 * 13* 37%]

8. The learned counsel for the claimant submits that the amount

awarded towards other heads are fair and reasonable, therefore, the same

are not questioned in this appeal.

9. In the light of the above discussion, this Civil Miscellaneous

Appeal is partly allowed. The claimant shall be entitled to enhanced

compensation of Rs.2,88,600/- towards loss of income along with 7.5%

interest from the date of petition till the date of deposit. The counsel for

the Insurance Company submits that the amount awarded by the Tribunal

was already deposited by it. The Insurance Company is therefore

directed to deposit the enhanced compensation of Rs.2,88,600/- along

with 7.5% interest within a period of four weeks from the date of receipt

of a copy of this order.

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CMA.No.523 of 2023

10. On such deposit is being made, the claimant/appellant shall be

entitled to withdraw the amount by making proper application.

Accordingly, this Civil Miscellaneous Appeal is partly allowed. No

costs.

10.04.2023 mp

To The Motor Vehicle Accident Claims Tribunal/ Small Causes Court, Special Sub Court No.2, Chennai.

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CMA.No.523 of 2023

N.MALA, J.

mp

CMA.No.523 of 2023

10.04.2023

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