Madras High Court
Anandhan vs I.Shanmugadurai on 27 April, 2023
C.M.A.No.1754 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.04.2023
CORAM
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
C.M.A.No.1754 of 2019
Anandhan .. Appellant
Vs.
1. I.Shanmugadurai
2.United India Insurance Company Limited
Pattullos Road Branch
609, Anna Salai
Chennai-600 006. ..Respondents
Prayer: The Civil Miscellaneous Appeal is preferred under Section 173 of the
Motor Vehicles Act, 1988, against the Award dated 26.11.2018 made in
MCOP No.696 of 2008 on the file of the Motor Accident Claims Tribunal/
Principal District Judge, Perambalur.
For Appellant : Mr.V.Anand
For Respondents : Mr.D.Bhaskaran for R2
1/11
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C.M.A.No.1754 of 2019
JUDGMENT
The Award dated 29.01.2010 passed in MCOP No.696 of 2013 on
the file of the Motor Accident Claims Tribunal/Principal District Judge,
Perambalur, is under challenge in the present Civil Miscellaneous Appeal.
2. The Motor Accidents Claim Tribunal, under the impugned award,
has awarded a compensation of Rs.2,35,000/- together with interest and
costs to the Appellant/claimant which is detailed hereunder:
Heads Award Amount
(Rs.)
Disability of 38% at 57,000/-
Rs.1500/- per percentage
Medical expenses 88,958/-
Transport charges 18,000/-
Pain and suffering 20,000/-
Extra Nourishment 20,000/-
Loss of amenities 25,000/-
Loss of Income 6,042/-
Total 2,35,000/-
3. Before the Tribunal, the Appellant/claimant has filed 17
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C.M.A.No.1754 of 2019
documents which were marked as Ex.P1 to Ex.P17 and examined himself as
PW1 and the Doctor, who examined the claimant as PW2. On the side of
the 2nd respondent/Insurance Company, neither any document was filed nor
any witness examined before the Tribunal. The 1st respondent/owner of the
vehicle was set exparte.
4. The learned counsel appearing on behalf of the appellant mainly
contended that the compensation awarded by the Motor Accident Claims
Tribunal is not in commensuration with the grievousness of the injuries
sustained by the appellant/claimant. The appellant/claimant sustained
multiple fractures due to the accident and had taken treatment as inpatient
for a period of 15 days. The appellant being an agriculturist was earning
about Rs.6,000/- per month, at the time of accident and there is a loss of
earning power. The doctor assessed the disability at 38%. All these aspects
have not been considered by the Tribunal. Contrary, the Tribunal has fixed
the disability at Rs.1,500/- for one percentage and calculated the
compensation, which is improper and inadequate. Further, the compensation
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C.M.A.No.1754 of 2019
awarded under the head of loss of income is very meagre. Hence, the
learned counsel prays to enhance the award.
5. It is contended by the appellant/claimant that at the time of
accident, he was aged about 35 years and the grievous injuries caused
disability and the movement of the right knee is restricted, due to which, the
appellant/claimant was incapacitated to perform his work as agriculturist in
a routine and normal manner.
6. The learned counsel appearing on behalf of the second
respondent/Insurance Company disputed the contentions by stating that the
Tribunal has assessed the compensation with reference to the documents
produced by the claimant. There is no proof to establish the monthly
income of the appellant/claimant. Thus, in the absence of any document to
establish the monthly income, the Tribunal has arrived the conclusion and
fixed the monthly income of the appellant/claimant as Rs.6,000/- and
awarded compensation. Thus, the appeal is devoid of merits and is to be
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C.M.A.No.1754 of 2019
dismissed.
7. Considering the arguments, the accident occurred on 04.08.2006
at about 22.00 hours at Perambalur, near Dhanalakshmi College. The
Perambalur Police Station registered a case in Crime No.345 of 2006 under
Sections 279 and 337 of IPC. The appellant/claimant sustained grievous
injuries viz., i) lacerated wound over right thigh, ii) laceration over right
knee, iii) abrasion over the abdomen, iv) multiple abrasion over right hand
and v) abrasion over left hand and (vi) also multiple grievous injuries all
over the body. The Tribunal adjudicated the issues with reference to the
documents and evidences produced by the respective parties. The
negligence was attributed against the driver of the Tata Lorry, which belongs
to the 1st respondent herein. The findings of the Tribunal is that the lorry
driver had driven the vehicle in a rash and negligent manner which resulted
in an accident.
8. As far as the quantum of compensation is concerned, the Tribunal
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C.M.A.No.1754 of 2019
has fixed a sum of Rs.1,500/- for one percentage. Therefore, this Court is of
the considered opinion that the accident occurred in the year 2006 and fixing
a sum of Rs.1,500/- is on the lesser side. The appellant/claimant is an
agriculturist. Thus, a sum of Rs.2,000/- for one percentage of disability
would be appropriate considering the fact that the accident occurred during
the year 2006.
9. A perusal of Exhibits P2 and P3 would reveal that the
appellant/claimant sustained fracture on his right thigh and laceration over
right knee and he had taken treatment as inpatient at KMC Hospital, Trichy
for a period of 15 days. In this regard, PW2/doctor deposed that a surgery
has been done to the appellant/claimant by fixing plate on his right knee
joint and after the accident, the appellant has been deprived of 1 -1/2 cms of
height of his right leg. From the evidence of PW2, it would reveal that the
movement of the right knee of the appellant was restricted. In the claim
petition, it was stated that the Appellant/claimant was an agriculturist and
was earning Rs.6000/- at the time of the accident. But, there is no proof of
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C.M.A.No.1754 of 2019
income. In the absence of any document, the Tribunal has rightly fixed the
monthly income, but the Tribunal has awarded only a sum of Rs.6,042/-
towards loss of earning which is on the lesser side. The grievous injuries
caused disability and due to which, the appellant/claimant was incapacitated
to perform his work in a routine and normal manner. This Court is of the
considered view that the appellant/claimant would have been unable to do
his work atleast for a period of three months in a routine and normal
manner. In view of the above, it would be appropriate to award a sum of
Rs.18,000/- (6000 x 3 months) towards loss of earning.
10. Insofar as the other heads of the compensation are concerned, the
assessment of the compensation under the said heads by the Tribunal is a
just compensation and it does not call for any interference by this Court.
11. For the foregoing reasons, the award passed by the Tribunal is
modified as follows:
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C.M.A.No.1754 of 2019
Heads Amount awarded Award Amount
by the Tribunal by this Court
(Rs.) (Rs.)
Disability 57,000/- 76,000/-
(1500 x 38%) (2000x 38%)
Medical Expenses 88,958/- 88,958/-
Transport Expenses 18,000/- 18,000/-
Pain and sufferings 20,000/- 20,000/-
Extra Nourishment 20,000/- 20,000/-
Deformity caused by 25,000/- 25,000/-
injuries
Loss of earning 6,042/- 18,000/-
(6000 x 3)
Total 2,35,000/- 2,65,958/-
rounded off to
Rs.2,65,960/-
Accordingly, the claimant is entitled to a compensation of Rs.2,65,960/-
(Rupees two lakhs sixty five thousand nine hundred and sixty only) along
with interest at the rate of 7.5% per annum from the date of claim petition
till the date of realization.
12. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed and the award
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C.M.A.No.1754 of 2019
passed by the Tribunal is enhanced from Rs.2,35,000/- to Rs.2,65,960 /-. No
costs.
(ii) The second respondent/insurance company is directed to deposit
the revised compensation of Rs.2,65,960/- with interest at the rate of 7.5.%
p.a. from the date of claim petition till the date of realization, less the
amount if already deposited, within a period of six weeks from the date of
receipt of a copy of this judgment.
(iii) On such deposit being made, the Tribunal is directed to transfer
the award amount to the bank account of the appellant/claimant along with
accrued interest through RTGS within a period of two weeks thereafter.
(iv) The appellant/claimant is directed to pay necessary Court fee, if
any, on the enhanced compensation amount.
27.04.2023
Index : Yes/No
Speaking Order/Non-Speaking Order
uma
To
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C.M.A.No.1754 of 2019
1.The Motor Accident Claims Tribunal,
Principal District Judge
Perambalur.
2.The Section Officer,
V.R Section,
High Court, Madras.
A.A.NAKKIRAN, J.
uma
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C.M.A.No.1754 of 2019
C.M.A.No.1754 of 2019
27.04.2023
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