Madras High Court
J.Munusamy vs The Chairman on 7 December, 2023
Author: M.Dhandapani
Bench: M. Dhandapani
C.M.A.No.3248 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.12.2023
CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI
C.M.A.No.3248 of 2019
J.Munusamy ... Appellant
Vs.
1. The Chairman,
Jayam College of Engineering & Technology,
Hogenakkal Main Road,
Nallanur,
Dharmapuri – 636 813.
2. M/s.National Insurance Company Ltd.,
II Floor, Maruthi Complex,
F215, Omalur Main Road,
Salem – 636 004. ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the judgment and decree made in MCOP
No.464 of 2017 dated 14.12.2018 on the file of Motor Accident Claim
Tribunal (the Special District Judge), Dharmapuri for enhancement of
award.
For Appellant : Mr.S.Sathiaseelan
For Respondents : No Appearance [R1]
1/8
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C.M.A.No.3248 of 2019
Mr.S.Arun Kumar [R2]
*****
JUDGMENT
The above appeal is filed by the appellant/claimant seeking an
enhancement of the compensation awarded by the Motor Accident Claim
Tribunal (the Special District Judge), Dharmapuri in MCOP No.464 of
2017 dated 14.12.2018.
2. Though the notice was served on the first respondent, however,
no one appeared on his behalf. Considering the period of pendency of the
appeal, the same is disposed of based on the materials available on
record.
3. It is the case of the appellant that, on 20.02.2017 when the
appellant was proceeding in the two wheeler bearing Registration No.TN
29 AF 1635 from Dharmapuri to Nagadasampatti, at that time a car
bearing Reg.No.TN 29 AM 8262 came in a rash and negligent manner
from the opposite side and dashed against the two wheeler, due to which
the appellant sustained grievous injuries and was admitted in the
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Hospital. Thereby, the appellant / claimant filed a claim petition before
the Tribunal seeking a compensation for a sum of Rs.10,00,000/- for the
injuries sustained by him due to the said accident.
4. Before the Tribunal, the appellant had examined himself as
P.W.1 and marked 17 documents viz., Ex.P.1 to Ex.P.17. On the side of
the respondents, neither any witness was examined nor any documents
were marked. After adjudication, the Tribunal awarded a sum of
Rs.5,79,000/- as compensation to the appellant. Not satisfied with the
same, the appellant has preferred the present appeal seeking
enhancement.
5. The learned counsel appearing for the appellant submitted that,
though the accident is of the year 2017, however the Tribunal has fixed
only a sum of Rs.3,000/- per percentage of disability instead of Rs.5,000/-
per percentage of disability and granted a sum of Rs.1,50,000/- (3000 x
50) under the head future loss of income, as the disability of the injured is
50% as per Ex.X1 which is the disability certificate. The other heads
granted in favour of the appellant is also meagre and the same requires
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interference. Accordingly, he prays for appropriate enhancement in
favour of the appellant.
6. The learned counsel appearing for the second
respondent/Insurance Company fairly submitted that instead of awarding
a sum of Rs.5,000/- per percentage of disability the Tribunal awarded a
sum of Rs.3,000/- which is on the lower side. Hence, this Court may
enhance the same under the head future loss of income. Admittedly, the
disability assessed by the Medical is 50% partial permanent disability for
which the compensation awarded under the head loss of amenities would
not arise and the same requires interference. Accordingly, he prayed for
passing appropriate orders.
7. Heard the learned counsel appearing for the appellant and the
learned counsel appearing on behalf of the second respondent and
perused the materials available on record.
8. The factum and manner of the accident is not disputed by the
parties. Therefore, this Court is not entering into the said aspect. The only
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grievance of the appellants/claimants is with regard to the quantum of
compensation awarded especially the compensation awarded under the
head loss of income. Though the accident occurred during the year 2017
however, the Tribunal ought to have fixed a sum of Rs.5,000/- per
percentage of disability, without doing so, the Tribunal erroneously fixed
a sum of Rs.3,000/- under the head future loss of income and awarded a
sum of Rs.1,50,000/- (3000 x 50) which is on the lower side and the
same requires interference. Hence, this Court is inclined to fix a sum of
Rs.5,000/- per percentage of disability. Therefore, the amount under the
head disability stands enhanced to a sum of Rs.2,50,000/- (50 x
Rs.5,000/- = Rs.50,000/-). As the Medical Board assessed the disability
of the injured as 50% partial permanent disability, therefore, the
compensation awarded under the head loss of amenities would not arise
and the same requires interference.
9. Further, the Tribunal had awarded a sum of Rs.50,000/- towards
pain and suffering which is on the lower side and the same is enhanced to
Rs.75,000/-; Rs.30,000/- towards extra nourishment which is meagre and
the same is enhanced to Rs.50,000/-. This Court finds that the
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compensation awarded under other heads are just and reasonable and
does not require any interference.
10. In view of the above, the compensation awarded by the
Tribunal is modified as under :-
S.No. Description Awarded by Awarded by
the Tribunal this Court
(Amount in (Amount in
Rs.) Rs.)
1 Compensation for future 1,50,000/- 2,50,000/-
loss of income (5000 x 50) (enhanced)
2 Pain and Suffering 50,000/- 75,000/-
(enhanced)
3 Extra nourishment expenses 30,000/- 50,000/-
(enhanced)
4 Attender charges 20,000/- 20,000/-
5 Medical expenses 2,09,000/- 2,09,000/-
6 Loss of amenities 75,000/- -
7 Transport charges 45,000/- 45,000/-
Total 5,79,000/- 6,49,000/-
11. Accordingly, this appeal is partly allowed and the
compensation amount is enhanced from Rs.5,79,000/- to Rs.6,49,000/-
and the second respondent/Insurance Company is directed to deposit the
compensation amount, awarded by this Court above, to the credit of
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M.C.O.P.No.464 of 2017 along with interest at the rate of 7.5% per
annum from the date of claim petition till the date of deposit and costs as
awarded by the Tribunal, less the amount, if any already deposited,
within a period of six weeks (6) from the date of receipt of a copy of this
judgment. On such deposit being made, the Tribunal is directed to
transfer the award amount directly to the bank account of the
appellant/claimant through RTGS within a period of two weeks thereafter
upon production of proof with regard to payment of Court fee on the
enhanced compensation. The appellant/claimant is directed to pay
necessary additional Court fee on the enhanced compensation amount.
There shall be no order as to costs in the present appeal.
07.12.2023
Index : Yes / No
Speaking order / Non-speaking order : Yes / No
Netrual Citation Case : Yes / No
rap
To
1. Motor Accident Claim Tribunal (the Special District Judge),
Dharmapuri
2.The Section Officer, V.R.Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis
M.DHANDAPANI, J.
rap
07.12.2023
https://www.mhc.tn.gov.in/judis
