Madras High Court
A.Edwin Robert vs Cholamandalam Ms.General Insurance on 11 December, 2023
Author: M.Dhandapani
Bench: M.Dhandapani
C.M.A.No.4384 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
C.M.A.No.4384 of 2019
A.Edwin Robert ... Appellant / Petitioner
Vs.
1. Cholamandalam Ms.General Insurance
Company Limited,
Regd Head Office, Dare House,
No.2, 2nd Floor, NSC Bose Road,
Chennai - 600 001.
2. R.Thangathen Raja
S/o.Ramasamy
3. J.Peter
S/o.Joseph … Respondents / Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree dated 04.03.2017 made
in M.C.O.P.No.1303 of 2013 on the file of the Motor Accidents Claims
Tribunal-II, Court of Small Causes, Chennai.
For Appellant : Mr.K.Selvaraj
For Respondents : Mr.E.Rajadurai
for Mr.B.Gopalan for R1
R2 - Not Ready Notice
R3 - Died
1/9
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C.M.A.No.4384 of 2019
JUDGMENT
This appeal has been filed by the appellant / claimant to enhance the
award in M.C.O.P.No.1303 of 2013 on the file of the Motor Accidents
Claims Tribunal-II, Court of Small Causes, Chennai wherein the Tribunal
has awarded a sum of Rs.3,23,000/- as compensation.
2. On 01.05.2012 at about 11.00 p.m., when the claimant
accompanied as an alternate driver in the Heavy Goods Truck owned by the
second respondent bearing Registration No.TN-22-BL-5913, the third
respondent driven the truck in a rash and negligent manner, which led to an
accident in which the claimant sustained grievous injuires and since the
claimant was not able to do the regular work, he claimed a sum of
Rs.15,00,000/- as compensation under various heads.
3. The second respondent is the owner of the vehicle and the third
respondent is the driver of the vehicle and they remained ex-parte before the
trial Court.
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4. Before the Tribunal, the claimant examined himself as P.W.1 and
examined the doctor as P.W.2 and examined the owner of the vehicle as
P.W.3 and marked Exs.P1 to P20. On the side of the respondents, one
witness was examined as RW1 and two documents were marked as Exs.R1
and R2. The Tribunal, on considering the oral and documentary evidence,
awarded a sum of Rs.3,23,000/- under various heads. Not satisfied with the
same, the present appeal has been filed by the claimant seeking
enhancement.
5. The learned counsel appearing for the appellant submitted that the
appellant was working as a Driver (Heavy Vehicle) under the second
respondent and due to rash and negligent driving of the third respondent, the
appellant sustained grievous injuries. He further submitted that the Tribunal
has not taken into account the appellant's inability to work in future and has
given much less importance. He further submitted that the appellant has
taken treatment for 77 days in the Hospital and the amount awarded by the
Tribunal towards attender charges and loss of earning during the period of
treatment are very minimal and the same has been awarded without
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considering the injuries sustained by the appellant. Hence, the learned
counsel for the appellant prays for enhancement of compensation.
6. The learned counsel appearing for the first respondent / Insurance
Company submitted that the Insurance Company has denied the manner of
accident and the injuries sustained by the appellant and the appellant is
alone the responsible for the accident. He further submitted that the
appellant / petitioner has to prove that there was a valid policy, valid permit
and fitness on the said date and there was no violation of policy at the time
of accident. Hence, the Tribunal, taking into consideration of all the relevant
documents has rightly fixed the compensation, which does not require any
interference.
7. This Court gave its careful consideration to the submissions
advanced by the learned counsel appearing on either side and perused the
materials available on record.
8. Admittedly, the present appeal has been filed by the claimant for
enhancement of compensation and not on the part of negligence. The
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appellant has taken treatment for 77 days, i.e., nearly for three months in the
Hospital and the amount awarded by the Tribunal towards attender charges
during the period of treatment is very minimal. Considering the nature of
injuries sustained by the appellant, this Court is of the view that the amount
of Rs.5,000/- is awarded by the Tribunal for attender charges is hereby
enhanced to Rs.30,000/-.
9. Further, it is submitted that though the claimant was working as the
Driver (Heavy vehicle) and was earning Rs.20,000/- per month and
Ex.P.7- driving license has been produced to substantiate the same, the
Tribunal has awarded a meagre sum of Rs.8,000/- as notional income.
However, since no document such as bank statement is produced to prove
the same, this Court is of the view that Rs.10,000/- could be fixed as
notional income. Further, it is submitted that the claimant has taken
treatment for 77 days, i.e., nearly for three months in the Hospital. Hence,
the amount of Rs.16,000/- (2 X Rs.8,000/-) awarded towards loss of earning
is hereby enhanced to Rs.30,000/- (3 X 10,000/-). This Court finds that the
compensation awarded under the other heads are just and reasonable and
does not require any interference.
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10. In the above circumstances, the compensation awarded by the
Tribunal under the below mentioned heads are modified as under :-
S.No Head of Amount awarded by Amount awarded
Compensation Tribunal by this Court
(Rs) (Rs)
1. Transportation, Rs.50,000/- Rs.50,000/-
Nourishing Food
and
Miscellaneous
Expenditure
2. Medical Rs.1,669/- Rs.1,669/-
Expenses
3. Future Medical Rs.10,000/- Rs.10,000/-
Expenses
4. Attenders Rs.5,000/- Rs.30,000/-
Expenses
5. Disability Rs.1,65,000/- Rs.1,65,000/-
6. Loss of Earning Rs.16,000/- Rs.30,000/-
during the period
of treatment
7. Damages for Rs.50,000/- Rs.50,000/-
Pain, Suffeing
and Trauma
8 Loss of Rs.25,000/- Rs.25,000/-
Amenities
Total Rs.3,22,669/- Rs.3,61,669/-
rounded off to rounded off to
Rs.3,23,000/- Rs.3,62,000/-
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11. In the result, this Civil Miscellaneous Appeal is allowed in part
and the compensation awarded by the Tribunal at Rs.3,23,000/- is hereby
enhanced to Rs.3,62,000/- together with interest @ 7.5% per annum from
the date of filing of Claim Petition till the date of deposit. The first
respondent / Insurance Company is directed to deposit the entire award
amount now determined by this Court along with interest and costs, less the
amount already deposited, if any, within a period of four weeks from the
date of receipt of a copy of this judgment, to the credit of M.C.O.P.No.1303
of 2013 on the file of the Motor Accidents Claims Tribunal-II, Court of
Small Causes, Chennai. On such deposit, the appellant is permitted to
withdraw the award amount now determined by this Court, along with
interest and costs, less the amount if any, already withdrawn by making
proper application before the Tribunal. No costs.
11.12.2023
Index :Yes / No
Speaking Order :Yes / No
Neutral Citation Case: Yes / No
vji
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To
1. The Motor Accidents Claims Tribunal-II,
Court of Small Causes,
Chennai.
2. The Section Officer,
V.R. Section,
High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
M.DHANDAPANI, J.
vji
11.12.2023
https://www.mhc.tn.gov.in/judis
