Madras High Court

R.Ramesh Babu @ Ramesh vs Govindarajulu on 31 August, 2023

                                                                         C.M.A.No.1545 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 31.08.2023

                                                      CORAM :

                                  THE HONOURABLE MR.JUSTICE SUNDER MOHAN

                                             C.M.A.No.1545 of 2023


                  R.Ramesh Babu @ Ramesh                            ...Appellant/Petitioner


                                                         Vs.

                  1.Govindarajulu,

                  2.United India Insurance Co.Ltd.,
                    Motor third Party Claims,
                    No.134, Greams Road,
                    Silingi Building, 4th Floor,
                    Chennai – 600 006.
                                                                ...Respondents/Respondents


                  Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
                  Vehicles Act, 1988, against the Judgment and Decree dated 20.07.2022 and
                  made in M.A.C.T.O.P.No.4449 of 2015 on the file of the Motor Accidents
                  Claims Tribunal, (Special Sub Court No.2, Motor Accidents Claims Petition,
                  Small Causes Court, Chennai).

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https://www.mhc.tn.gov.in/judis
                                                                             C.M.A.No.1545 of 2023

                                         For Appellant     : Mr.F.Terry Chella Raja


                                         For Respondents : R1 - Exparte
                                                           Mrs.V.Puspha for R2


                                                    JUDGMENT

This Civil Miscellaneous Appeal has been filed by the appellant

challenging the quantum of compensation granted by the Tribunal in the

award dated 20.07.2022 and made in M.A.C.T.O.P.No.4449 of 2015, on the

file of the Motor Accident Claims Tribunal (Special Sub Court No.2, Motor

Accident Claims Petitions, Small Causes Court, Chennai.

2. The appellant filed M.A.C.T.O.P.No.4449 of 2015 on the file of the

Motor Accident Claims Tribunal (Special Sub Court No.2, Motor Accident

Claims Petitions, Small Causes Court Chennai) claiming a sum of

Rs.14,00,000/- as compensation for the injuries sustained by him in the

accident that took place on 16.03.2015.

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3. The appellant filed a claim petition stating that on 16.03.2015,

at about 08.00 hours, while he was riding an unregistered Honda motorcycle

on Tripathi to Puttur main road, a Tata Goods Carriage vehicle bearing

Registration No.TN - 05 - AU –0225, driven by its driver belonging to the

first respondent herein in a rash and negligent manner, hit the motorcyle from

behind and caused the accident. In the accident, the appellant sustained

grievous injuries. Thus, the appellant filed claim petition claiming

compensation against the respondents.

4. The first respondent remained exparte before the Tribunal.

5.The second respondent/Insurance Company resisted the claim

petition stating that the accident did not take place due to the negligent

driving of the driver of the insured vehicle; that the claim made by the

appellant in any case is excessive and prayed for dismissal of the claim

petition.

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6. Before the Tribunal, the appellant examined himself as P.W.1 and

marked thirteen documents as Exs.P.1 to P.13. The respondent examined three

witnesses as R.W.1 to R.W.3 and marked three documents as Exs.R.1 to R3.

The Disability Certificate issued by the Medical Board was marked as

Ex.C.1.

7. The Tribunal after considering the oral and documentary evidence,

held that the accident occurred due to rash and negligent driving of the driver

of the offending vehicle belonging to the first respondent and directed the

second respondent being the insurer to pay a sum of Rs.5,50,300/- as

compensation to the appellant.

8.Aggrieved by the said order, the appellant has preferred the present

appeal seeking enhancement of compensation.

9. The learned counsel for the appellant submitted that though the

appellant had established that he had suffered 98% permanent disability on

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account of “Bilateral Hearing Loss”, the Tribunal had erroneously awarded

compensation only by adopting Percentage Method; that the Tribunal ought

to have awarded compensation by adopting the Multiplier Method. The

learned counsel therefore, prayed for enhancement of compensation.

10. The learned counsel for the appellant filed a petition to dispense

with notice to the first respondent since he remained exparte before the

Tribunal. Hence, notice to the first respondent is dispensed with.

11. The learned counsel for the second respondent, per contra,

submitted that though the Medical Board assessed the disability as 98%,

the appellant had not established functional disability; that the appellant was

examined himself as P.W.1 and he admitted in the cross examination that he

could hear and answer the questions put to him; that in the light of that

admission, it cannot be said that the appellant had suffered any functional

disability, therefore, the Tribunal was right in awarding compensation under

the head Disability by adopting Percentage Method and prayed for dismissal

of the appeal.

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12. Heard the learned counsel for the appellant as well as the learned

counsel for the second respondent and perused the materials available on

record.

13. The only question involved in the instant appeal is whether the

compensation awarded by the Tribunal is just and reasonable?

14. It is seen from the Discharge Summary that the appellant had

suffered the following injuries:

“Poly Trauma with Head Injury, Left Multiple RIB Fractures with Hemothorax, Fracture left Clavicle/Left Scapula, Left Ankle Bimolecular Fracture”.

15. The appellant had taken treatment as inpatient from 16.03.2015 to

28.03.2015 in Sri Venkateswara Institute of Medical Science. The appellant

was examined by the Medical Board which assessed the disability as 98% due

to “Bilateral Hearing Loss”. It is also seen in the cross-examination that the

appellant could hear the questions and respond to the same. Therefore, in the

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https://www.mhc.tn.gov.in/judis C.M.A.No.1545 of 2023

light of the evidence, it cannot be said that the appellant suffered 100%

functional disability. The appellant had also stated that he was a Supervisor in

a private concern. However, the nature of injuries would show that the

appellant would have certainly suffered functional disability. Considering the

above nature of injuries, the disability certificate issued by the Medical Board

and the evidence of the appellant, this Court is of the view that it would be

just and reasonable to fix the appellant’s functional disability at 25%.

Considering the year of the accident, age and avocation of the appellant, this

Court is of the view that it would be just and reasonable to fix a sum of

Rs.12,000/- per month as notional income. Since the appellant was aged

42 years at the time of accident, he is entitled to 25% enhancement towards

future prospects. The multiplier applicable is '14'. Thus, the award under the

head Disability is modified as follows:

Rs.12,000/- + (25% X Rs. 12000/-) X 12 X 14 X 25/100 = Rs.6,30,000/-

16. The compensation awarded by the Tribunal under other heads is

just and reasonable and hence, the same are confirmed. Thus, the

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compensation awarded by the Tribunal is enhanced from Rs.5,50,300/- to

Rs.7,88,300/- break-up follows:-

                         Sl. Description             Amount        Amount            Award
                         No                         awarded by   awarded by       confirmed or
                                                     Tribunal     this Court      enhanced or
                                                       (Rs)          (Rs)           granted
                         1.       Disability        3,92,000/-    6,30,000/-        Enhanced
                         2.       Pain and           30,000/-      30,000/-        Confirmed
                                  Sufferings
                         3.       Transportation      4,000/-       4,000/-        Confirmed
                         4.       Medical            91,647/-      91,647/-        Confirmed
                                  Expenses
                         5.       Extra               10,000/-     10,000/-        Confirmed
                                  Nourishment
                         6.       Attender            3,600/-       3,600/-        Confirmed
                                  Charges
                         7.       Loss of            19,000/-      19,000/-        Confirmed
                                  Earnings
                                       Total         5,50,247/-    7,88,247/-  Enhanced
                                                   rounded of to rounded of to     by

Rs.5,50,300 Rs.7,88,300 Rs.2,38,000/-

17. With the above modification, this Civil Miscellaneous Appeal is

partly allowed and the compensation awarded by the Tribunal at

Rs.5,50,300/- is hereby enhanced to Rs.7,88,300/- together with interest at

7.5% per annum (excluding the default period if any) from the date of

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petition till the date of deposit. The second respondent/Insurance Company is

directed to deposit the award amount now determined by this Court along

with interest and costs less the amount already deposited, if any, within a

period of six (6) weeks from the date of receipt of a copy of this

Judgment. On such deposit, the appellant is permitted to withdraw