Madras High Court
Jayalakshmi vs Muthusamy on 7 February, 2023
CMA No.2809 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.02.2023
CORAM
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
CMA No.2809 of 2022
1. Jayalakshmi
2. Minor Nagaraj
3. Minor Pazhanimurugan .. Appellants
[Minors/A2 & A3, rep. By their mother
and Next Friend A1]
Vs.
1. Muthusamy
2. The New India Assurance Co. Ltd.,
B.O.720703,
Rep. By its Branch Manager,
99/C-3, 1st Floor, Opp. to New Bus Stand,
Panruti. .. Respondents
PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, 1988 to enhance the award passed by the Motor
Accidents Claims Tribunal [Sub Court], Panruti, by its decree and judgment
dated 23.04.2022 made in MCOP No.335 of 2019.
For Appellants : Mrs.Ramya V. Rao
For Respondents : Mr.P.Suresh Srinivasan (for R2)
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CMA No.2809 of 2022
JUDGMENT
Injured Gnanavel, has filed MCOP No.335 of 2019, before the
Motor Accidents Claims Tribunal [Sub Court], Panruti, for the injuries
sustained in the road transport accident, happened on 19.04.2019.
2. The claims tribunal by its judgment and decree dated
23.04.2022, awarded a sum of Rs.2,65,000/- with interest at the rate of
7.5% per annum from the date of claim till the date of realization, excluding
the delay period, if any and directed the 2nd respondent-Insurance Company
to pay compensation to the injured/claimant and to recover the same from
the owner of the vehicle/1st respondent herein.
3. Not satisfied with the quantum of compensation and seeking
enhancement, the injured/claimant has preferred this Civil Miscellaneous
Appeal.
4. For the sake of convenience, the parties are hereinafter referred
to as per their ranking before the claims tribunal.
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CMA No.2809 of 2022
5. The factum of the accident, the manner of the accident, the rash
and negligence on the part of the driver of the offending vehicle and pay and
recovery ordered by the tribunal, are not disputed and hence, the findings
rendered by the claims tribunal, are confirmed.
6. On the point of quantum of compensation, heard the learned
counsel on either side.
7. Perusal of the award shows that, the claims tribunal on analysis
of oral and documentary evidence has awarded Rs.1,65,000/- towards loss
of functional disability, which is assessed as 33% i.e. Rs.5000/- per
percentage of disability. Further, the claims tribunal has awarded,
Rs.30,000/- towards pain and suffering and Rs.10,000/- each under the
heads, medical expenses, extra nourishment, attender charges, loss of
amenities and future medical expenses. By fixing the notional income of the
deceased as Rs.5000/- per month, the claims tribunal has awarded
Rs.20,000/-, towards loss of income during the period of treatment i.e.
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CMA No.2809 of 2022
Rs.5,000/- x 4 months. In all, as stated supra, the claims tribunal has
awarded a sum of Rs.2,65,000/- as compensation to the injured/claimant.
8. The date of accident is 19.04.2019. At the time of accident, the
injured-Gnanavel was aged about 36 years and working as a Mason.
Though, the injured claimed that he earned Rs.20,000/- per month, since, no
proof was produced, the claims tribunal fixed the notional income of the
injured as Rs.5,000/- for the accident in the year 2019 and awarded
compensation under the head loss of income for the period of four months,
which is very less and since he is holding the Card, this Court is of the
considered view that a sum of Rs.10,000/-per month may be fixed as
notional income. Further, the claimant would have lost income atleast for
the period of six months.
9. Though the claims tribunal has awarded just and reasonable
compensation under the heads, loss of functional disability, medical
expenses, extra nourishment and pain and suffering, since the injured has
sustained grievous injuries and fractures in shaft of femur, left forearm and
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CMA No.2809 of 2022
left hip and has also undergone surgery, this Court is of the view that the
award under other heads requires to be enhanced and it is reassessed as
follows:
Amount awarded Award now Enhanced
by the tribunal modified Amount
Rs. Rs.
Loss of Functional disability 165000 165000 -
at 33% (Rs.5000/- per %)
Medical Expenses 10000 10000 -
Additional Nourishment 10000 10000 -
Pain & Sufferings 30000 30000 -
Attender Charges 10000 25000 15000
Loss of Amenities 10000 25000 15000
Future Medical Expenses 10000 15000 5000
Loss of income 20000 60000 40000
(Rs.5000/- x 4 months) (Rs.10,000/- x 6 months)
Total 265000 3,40,000
Enhanced now Rs.75,000/-
10. In the result, it is ordered as follows:
i. The compensation of Rs.2,65,000/-, awarded by the claims tribunal is
enhanced to Rs.3,45,000/- and the interest awarded by the claims
tribunal, remains unaltered.
ii. The judgment and decree dated 23.04.2022 passed by the Motor
Accidents Claims Tribunal (Sub Court), Panruti in MCOP No.335 of
2019 is modified, accordingly.
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CMA No.2809 of 2022
iii. The 2nd respondent-Insurance company is directed to deposit the entire
award amount, now modified, with proportionate accrued interest and
costs to the credit of MCOP No.335 of 2019 on the file Motor
Accidents Claims Tribunal (Sub Court), Panruti, within a period of
eight weeks from the date of receipt of a copy of this order and
recover the same from the 1st respondent/owner of the vehicle, as held
by the Claims Tribunal.
iv. On such deposit, the claim petitioners are permitted to withdraw the
same, on making necessary applications.
v. Additional Court fee, if any, to be paid by the claim petitioners within
a period of four weeks and decree to be drafted after the payment of
Court fee.
11. With the above directions, the Civil Miscellaneous Appeal
stands partly allowed. No Costs.
07.02.2023
Index : Yes/No
Neutral Citation : Yes/No.
ars
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CMA No.2809 of 2022
RMT.TEEKAA RAMAN,J.,
ars
To
The Sub Court,
Motor Accident Claims Tribunal, Panruti.
CMA No.2809 of 2022
07.02.2023
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