Madras High Court
K.Sasirekha vs K.Rajendran on 30 August, 2023
CMA.No.508 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 30.08.2023
CORAM
THE HONOURABLE MRS.JUSTICE R. KALAIMATHI
C.M.A.No.508 of 2017
K.Sasirekha ... Appellant
vs.
1. K.Rajendran
2. S.Siva
3. Bajaj Allianz General Insurance Co.Ltd.,
No.25/26, Prince Towers, 4th Floor,
College Road, Nungambakkam.
Chennai-600 006. ... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and decree dated
12.08.2014 made in MCOP.No.805 of 2010, on the file of the Motor
Accidents Claims Tribunal, ( Special Sub Court dealing with MCOP Cases)
Chennai.
For appellant : Mr.C.Munusamy
For respondents : R1 and R2 Exparte
: Mr.G.Vasudevan for R3
1/10
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CMA.No.508 of 2017
JUDGMENT
Challenge is made by the claimant against the judgment and decree
passed in M.C.O.P.No.805 of 2010 dated 12.08.2014 on the file of the
Motor Accident Claims Tribunal Special Sub Court-I, Chennai for
enhancement of compensation.
2. Claim petition was filed under Section 166 of Motor Vehicles Act,
1988 and Rule 3 of MACT Rules claiming compensation of Rs.10,00,000/-
for the injuries sustained by the claimant Sasirekha in a road accident that
took place on 02.02.2010.
3. The learned Tribunal after hearing both sides arguments and upon
considering the oral and documentary evidence has passed an award for a
sum of Rs.6,23,340/- with interest at 7.5% per annum from the date of
numbering of petition i.e., 11.03.2010 ( excluding the default period if any).
4. The learned counsel for the appellant would vehemently argue
that the injured who was aged about 25 years at the relevant point of time
on account of the accident, suffered sacrum fracture S1, S2 and S3
bilateral superior and interior pubic rami fracture: The Doctor has assessed
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CMA.No.508 of 2017
the disability as 50%. But, the tribunal has taken only 20% which is on the
lower side. No amount was granted for transport expenses. A amount
granted for Pain and Suffering is less and prayed for enhancement of
compensation.
5. Per contra, the learned counsel appearing for the Insurance
Company would strenuously contend that PW2 Dr.K.Mathiyazhan has
assessed the disability as 50% which is on the higher side and the tribunal
has taken for the whole body 20% and granted compensation, which is a
well reasoned order and it needs no interference.
6. It can be seen from the evidence of P.W.1 that while she was
travelling as a pillion rider along with her two daughters and the vehicle
was ridden by her friend, a Tipper lorry came in a rash and negligent
manner and hit the two wheeler. Due to the said accident she sustained
fractures. It is seen from Ex.P.2 Discharge Summary that the claimant
suffered sacrum fracture S1, S2 and S3 bilateral superior and interior pubic
rami fracture. She undergone surgery for the pelvis fracture, external
fixation was done and anterior vaginal wall repair was done. Skin grafting
was also done for her. She was in hospital from 05.02.2010 to 11.03.2010
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CMA.No.508 of 2017
as an inpatient. She was stated to be working as a Tailor and earning a
sum of Rs.6,000/- per month. Sacrum is a large, triangular bone at the
base of the spine. She had fracture of pelvic as well as sacrum bone.
7. From the medical records, it could be seen that the appellant
suffered fracture in Pelvic Bone. For fracture of thigh bone, external fixator
was fixed. It is the evidence of P.W.1 that because of the effects of
fracture, she was not in a position to work as she did before she claims that
she finds difficult even to stand. As she had laceration in the interior
vagina wall, repairing was done. It is the evidence from Dr.P.W.2
Dr.Mathiyazhan that " ,uz;L ,Lg;g[fspYk; vYk;g[ Kwpt[ Vw;gl;lJ/
nkYk; ,uz;L bjhilfspYk; rij fpHpe;J gyj;j fhak; Vw;gl;lJ/
Fnshgy; kUj;Jtkidapy; 19 ehl;fs; cs;nehahspahf rpfpr;ir
bgw;whh;/ m';F mtUf;F ,uz;L ,Lg;g[fspy; Vw;gl;l vYk;g[ Kwpt[fF
;
btspg;g[wj;jpy; ghpnrhjidapy; ,Lg;g[ gFjfspy; typa[k; ,Wf;fKk;
Vw;gLfpwJ/ mirt[fs; ghjpf;fg;gl;Ls;sJ/ mth; jw;nghJ Fdpe;J
epkput[k;. jiyapy; mkut[k;. fodkhd bghUl;fis J}f;ft[k;
rpukg;gLfpwhh;/ mtuhy; ,Lg;g[ gFjpia 40 ofphpf;F nky; mirf;f
Koatpy;iy/ CLfjph; glj;jpy; vYk;g[fs; khwhf Toa[s;sJ bjhpfpwJ/
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CMA.No.508 of 2017
bjhil gFjpfspy; fhak; Vw;gl;l ,lk; tpfhuj; jd;ika[ld;
fhzg;gLfpwJ/
8. The Doctor has assessed the disability as 50% and the Tribunal
has taken disability for the whole body as 20%. If a person suffers a
fracture over the hip, sacrum as well as thigh bone at the same time, then
it would have been very difficult for her even to attend her normal work. In
Raj Kumar Vs. Ajay Kumar and another reported in 2010 (2) TN MAC
581 (SC), the Supreme Court has cautioned the tribunal while assessing
disability, the Court has to look into seriousness of the injuries, fracture and
effects and impact of the same. The appellant/claimant had suffered
fracture over hip, sacrum and thigh bone. Therefore, it is common
understanding that she would find it very difficult to do her normal work as
well as tailoring work. The Tribunal has fixed the notional income at
Rs.4,500/- and taken the disability as 20% by adopting multiplier-18.
Taking into account the above said details in order to grant just
compensation the disability is taken as 38% instead of 20% and the loss of
disability is reworked as follows;
Rs.4,500/- x 12 x 18 x 38% = Rs.3,69,360/-
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CMA.No.508 of 2017
9. An amount of Rs.15,000/- is granted towards attender charges.
Towards Loss of amenities and for the pain and sufferings undergone and
of Rs.25,000/- and Rs.20,000/- in addition to the amount already granted.
Towards Extra Nourishment and for transport expenses, an amount of
Rs.10,000/- is granted in addition to the amounts already granted. In
respect of other aspects, the amounts awarded appears to be reasonable
and needs no interference.
10. The Compensation awarded by the Tribunal is reworked as
tabulated below:
Sl. Description Amount Amount awarded Award
awarded by by this Court confirmed
No.
Tribunal or
enhanced
or granted
or reduced
1 For Loss of Rs.1,83,600/- Rs.3,69,360/- Enhanced
Earning
Capacity
2 For Transport Rs.10,000/- Rs.20,000/- Enhanced
Expenses
3. For Extra Rs.20,000/- Rs.30,000/- Enhanced
Nourishment
4 For Disfiguration Rs.25,000/- Rs.25,000/- Confirmed
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CMA.No.508 of 2017
Sl. Description Amount Amount awarded Award
awarded by by this Court confirmed
No.
Tribunal or
enhanced
or granted
or reduced
5 For Loss of Rs.25,000/- Rs.50,000/- Enhanced
Amenities and
Expectation of
Life
6 For Medical Rs.3,89,000/- Rs.3,89,000/- Confirmed
Treatment
7 For Pain and Rs.40,000/- Rs.60,000/- Enhanced
Sufferings
8 For Attender --- Rs.15,000/- Granted
Charges
9 Total Rs.6,92,600/- Rs.9,58,360/-
90% of the Rs.6,23,340/- Rs.8,62,524/-
compensation Rounded off to
which the Rs.8,62,500/-
petitioner is
entitled
11. Thus, the compensation awarded by the Tribunal is enhanced
from Rs.6,23,340/- to Rs.8,62,500/- which would carry interest at the rate of
7.5% per annum from the date of numbering of petition ie., 11.03.2010
( excluding the default period if any).
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CMA.No.508 of 2017
12. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed. No costs.
(ii) The compensation awarded by the Tribunal is enhanced from
Rs.6,23,340/- to Rs.8,62,500/-.
(iii) The 3rd respondent / Insurance Company is directed to deposit
the enhanced compensation amount i.e.,Rs.8,62,500/- (less the amount
already deposited if any) together with interest at the rate of 7.5% per from
the date of numbering of petition ie., 11.03.2010 ( excluding the default
period if any). till the date of deposit to the credit of M.C.O.P.No.805 of
2010 on the file of thethe Motor Accidents Claims Tribunal, ( Special Sub
Judge I dealing with MCOP Cases) Chennai within a period of eight weeks
from the date of receipt of a copy of this Judgment.
(iv) On such deposit being made, the appellant / claimant is at liberty
to withdraw the same on filing of cheque petition. The claimant is directed
to pay the requisite Court fee for the enhanced compensation amount, if
required. The Tribunal below shall disburse the enhanced amount upon
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CMA.No.508 of 2017
production of the certified copy showing proof of payment of Court fee by
the claimant.
30.08.2023
Vv
Index:Yes/No
Internet:Yes/No
To
1. The Motor Accidents Claims Tribunal,
( Special Sub Judge I dealing with
MCOP Cases) Chennai.
2. Bajaj Allianz General Insurance Co.Ltd.,
No.25/26, Prince Towers, 4th Floor,
College Road, Nungambakkam.
Chennai-600 006.
3. The Section Officer,
V.R.Section,
Madras High Court,
Chennai-104.
https://www.mhc.tn.gov.in/judis
CMA.No.508 of 2017
R. KALAIMATHI,J.
Vv
C.M.A.No.508 of 2017
30.08.2023
https://www.mhc.tn.gov.in/judis
