Madras High Court
Ravi vs M/S.Urc Construction (P) Ltd on 20 January, 2023
CMA.No.3865 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :20.01.2023
CORAM
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
C.M.A.No.3865 of 2019
Ravi ... Appellant
Vs.
1. M/s.URC Construction (P) Ltd.,
Rep by its Proprietor
No.119, Power House Road,
Erode & Taluk.
2. The Branch Manager,
The New India Assurance Company Ltd.,
No.1360, E.V.N.Road,
Amman Complex, 1st floor
Erode – 638 011. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the Judgment and Decree dated 19.05.2011 made in
M.C.O.P.No.88 of 2010 on the file of the Motor Accidents Claims Tribunal (Chief
Judicial Magistrate Court) Thiruvarur.
For Appellant : Ms.K.Sasikala
for Mr.M.Thamizhavel
For Respondents : No appearance
Mr.J.Chandran for R2
1/11
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CMA.No.3865 of 2019
JUDGMENT
This appeal has been filed by the claimant seeking enhancement of
compensation under the impugned award dated 19.05.2011 in M.C.O.P.No.88 of
2010 passed by the Motor Accidents Claims Tribunal, (Chief Judicial Magistrate
Court) Thiruvarur.
2. The case of the claimant/appellant is that on 06.02.2010 while the
appellant was riding a motor cycle bearing Regn.No.PY-02-E-7182 proceeding on
the Myladhuthurai-Thiruvarur main road from South to North direction, a TATA
ACE bearing Regn.No.TN.33-AF-6280 coming in the opposite direction, hit him,
due to which, the appellant fell down and sustained grievous injuries all over the
body. Claiming that the appellant was running a Milk Depot and earning about
Rs.9,000/- per month and the driver of the TATA ACE is solely responsible for
the accident, the appellant/claimant has filed a claim petition claiming a sum of
Rs.5,00,000/-.
3. The Appellant/claimant unsatisfied with the quantum of compensation
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CMA.No.3865 of 2019
awarded by the Tribunal under the impugned award, has preferred this appeal
seeking for enhancement.
4. The Motor Accidents Claim Tribunal, under the impugned award, has
awarded a compensation of Rs.1,00,934/- together with interest and costs to the
Appellant/claimant which is detailed hereunder:
Heads Award Amount
(Rs.)
Partial Permanent 35,000/-
Disability
Pain and sufferings 30,000/-
Extra Nourishment 5,000/-
Attender Charges 1,000/-
Medical Expenses 19934/-
Loss of Income 10000/-
Total 1,00,934/-
5. The Appellant/claimant has met with an accident on 06.02.2010 and
sustained fracture below the knee of the right leg, as a result of the accident
caused by the vehicle owned by the first respondent. He preferred a claim before
the Motor Accidents Claims Tribunal seeking compensation for the injuries
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CMA.No.3865 of 2019
sustained by him. The Motor Accident Claims Tribunal had directed the
respondents 1 and 2 jointly and severally to pay the aforesaid compensation to
the Appellant/claimant.
6. Before the Tribunal, on the side of the claimant, two witnesses were
examined as PW1 and PW2 and exhibits were marked as Ex.P1 to Ex.P12. On the
side of the respondents, neither witness examined nor document marked.
7. Heard the learned counsel for the appellant and the learned counsel for
the second respondent.
8. The learned counsel appearing on behalf of the appellant mainly
contended that the compensation awarded by the Motor Accident Claims Tribunal
is inadequate and not in commensuration with the gravity of the injuries suffered
by the claimant. It is contended that the claimant sustained fracture below the knee
of the right leg and also sustained grievous injuries. He has taken treatment from
06.02.2010 to 16.02.2010 as in-patient and a steel plate was fixed and the
PW2/Doctor assessed the disability at 35%. The claimant was running a Milk
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CMA.No.3865 of 2019
Depot and aged about 40 years at the time of accident and after the accident, he
was not in a position to perform his work as he was doing before.
9. The learned counsel for the second respondent has submitted that the
rider of the motor cycle did not have valid and effective driving license on the date
of the accident. He denies that the vehicle had valid R.C., F.C and permit on the
date of the accident. The injuries sustained by the appellant are simple in nature
and the claim for medical expenses also not supported with documentary
evidence. He further submitted that the income of the appellant is Rs.9000/- p.m
and the amount claimed for transport to hospital, attender expenses, extra
nourishment and medical expenses were not supported with bills or receipts.
Hence, he prays to dismiss the appeal.
10. The accident occurred on 06.02.2010 at 03.30 p.m., on the
Myladhuthurai-Thiruvarur main road near Khadar Fruit Shop. Due to the accident,
the claimant sustained fracture on right leg and grievous injuries. Thereafter, the
claim petition was filed and the Tribunal adjudicated the issues with reference to
the documents and evidences produced by the respective parties. As far as the
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CMA.No.3865 of 2019
negligence is concerned, the driver of the TATA ACE bearing Regn.No.TN.33-
AF-6280, had driven the vehicle in a rash and negligent manner and caused the
accident.
11. With regard to the quantum of compensation, the Tribunal has awarded
a total compensation of Rs.1,00,934/-. Due to the said accident, he sustained
fracture on the right leg and grievous injuries. Further, the compensation awarded
by the Tribunal under the head 'partial permanent disability' at Rs.35,000/- and
'loss of income' at Rs.10,000/- appears to be very low. It is also contended that the
Tribunal has not adopted proper multiplier while fixing the award. Therefore, the
compensation granted by the Tribunal especially with regard to 'partial permanent
disability' is to be enhanced.
12. This Court is of the considered opinion that the appellant/claimant was
aged about 40 years at the time of the accident. The PW2/Doctor, after considering
the multiple injuries, assessed the partial permanent disability of the appellant at
35% through Ex.P11 and Ex.P12. Due to the accident, he was unable to perform
his routine duties in a normal manner. He had taken treatment at Krishna Hospital,
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CMA.No.3865 of 2019
Myladhuthurai, as in-patient from 06.02.2010 to 16.02.2010 as seen from the
Ex.P.11/Disability certificate. Undoubtedly, the injuries would have caused the
disability and he would be incapacitated to some extent from performing his
normal duties. This apart, the accident occurred in the year 2010. Thus, fixing a
sum of Rs.1000/- per percentage in respect of 'partial permanent disability' is
inadequate. Therefore, this Court is inclined to enhance the compensation under
the head of 'partial permanent disability' by taking into consideration a sum of
Rs.2000/- for each percentage and hence, it amounts to a sum of Rs.70,000/-
(35%x2000). A perusal of Ex.P.11/Disability certificate would reveal that the
appellant was admitted in the Hospital as in-patient from 06.02.2010 to
16.02.2010. Therefore, it would be appropriate to award a sum of Rs.15,000/-
under the head, 'Loss of income' during the period of treatment as in-patient
instead of Rs.10,000/-. Accordingly, Rs.15,000/- is awarded towards 'Loss of
Income'.
13. Insofar as the other heads of the compensation are concerned, the
assessment of the compensation under the said heads by the Tribunal is a just
compensation and it does not call for any interference by this Court.
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CMA.No.3865 of 2019
14. For the foregoing reasons, the compensation awarded by the Tribunal
under the impugned award is enhanced from Rs.1,00,934/- to Rs.1,40,934/- in
the following manner:
Heads Amount Award Amount
awarded by the (Rs.)
Tribunal
Partial permanent 35,000/- 70,000/-
disability
Pain and Sufferings 30,000/- 30,000/-
Extra Nourishment 5,000/- 5,000/-
Attender Charges 1,000/- 1,000/-
Medical Expenses 19,934 19,934/-
Loss of income 10,000/- 15,000/-
Total 1,00,934/- 1,40,934/-
15. Conclusion:
In the result, this appeal is allowed. However, the rate of interest
fixed by the Tribunal at the rate of 7.5% is confirmed. The respondents 1 and 2 are
jointly and severally directed to deposit the enhanced amount i.e, Rs.1,40,934/-
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CMA.No.3865 of 2019
along with interest, after deducting the amount already deposited, if any, to the
credit of M.C.O.P.No.88 of 2010 within a period of six weeks 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 along with accrued interest as per the order
of this Court to the Appellants/claimants through RTGS within a period of two
weeks thereafter. Thereafter the appellants / claimants shall withdraw the same, on
making proper application before the Tribunal. Since the compensation amount
now awarded is Rs.1,40,934/-, it is made clear that the claimants have to pay the
appropriate Court fee in order to receive the awarded amount. No costs.
20.01.2023
Index : Yes/No
Internet : Yes/No
gv
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CMA.No.3865 of 2019
A.A.NAKKIRAN, J.
gv
To
1. The Motor Accidents Claims Tribunal
(Chief Judicial Magistrate Court) Thiruvarur.
2.The Section Officer,
V.R.Section,
High Court, Madras.
C.M.A.No.3865 of 2019
https://www.mhc.tn.gov.in/judis
CMA.No.3865 of 2019
20.01.2023
https://www.mhc.tn.gov.in/judis
