R.Sudharshan vs P. Karthick
2023 Latest Caselaw 7396 Mad

Citation : 2023 Latest Caselaw 7396 Mad
Judgement Date : 3 July, 2023

Madras High Court

R.Sudharshan vs P. Karthick on 3 July, 2023

                                                                                   CMA No. 1322 / 2023

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 03.07.2023

                                                        CORAM :

                                  THE HONOURABLE MR. JUSTICE SUNDER MOHAN

                                        Civil Miscellaneous Appeal No. 1322 of 2023

                     R.Sudharshan                                               ... Appellant
                                                          Versus

                     1. P. Karthick

                     2. National Insurance Co.Ltd.,
                       Sowcardpet Branch,
                       Chennai – 600 079.                                   ... Respondents

                     PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, 59 of 1988 seeking to enhance the award dated
                     06.08.2022 made in M.C.O.P. No. 2360 of 2011 on the file of Motor
                     Accident Claims Tribunal, VI Small Causes Court, Chennai.

                                  For Appellant     : Mr. V. Balamurugan.

                                  For Respondents   : Mr. J. Chandran for R2.


                                             JUDGMENT

The appeal has been filed by the petitioner challenging the

quantum of compensation awarded by the Tribunal in M.C.O.P. No. 2630

of 2011 dated 06.08.2022.

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CMA No. 1322 / 2023

2.The appellant had filed a claim petition stating that on the date of

accident i.e., on 12.02.2011 at about 10.50 p.m., while he was travelling

in an auto bearing Registration No.TN 04 U 4658 along with his friends,

the auto driver drove the auto in a rash and negligent manner as a result

of which the auto capsized and the appellant suffered injuries and Cr.No.

111 of 2011 was registered for the offence under Sections 279 and 337 of

the Indian Penal Code on the file of C5 Vengal Police Station,

Thiruvallur.

3.The second respondent filed a counter denying the averments in

the petition and submitted that the accident had not taken place due to the

negligence of the first respondent who is the owner of the vehicle.

4.The first respondent remained ex-parte before the tribunal.

5.The appellant examined himself as PW1 and doctor as PW2 and

marked Ex.P.1 to Ex.P.9 including the disability certificate issued by the

doctor as Ex.P.7. The disability certificate issued by the medical board

was marked as Ex.C.1.

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CMA No. 1322 / 2023

6.The Tribunal after considering the evidence and documents filed

on the side of the appellant awarded a compensation of Rs.1,29,500/- to

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

instant appeal.

7.This case was taken up for final hearing at the stage of admission

with the consent of the learned counsel for the appellant and the second

respondent. Since the learned counsel for the first respondent reamined

exparte before the tribunal, notice to him is dispensed with.

8.The learned counsel for the appellant submitted that the tribunal

ought to have accepted Ex.P.7 and fixed the disability at 45%. The

learned counsel for the appellant further submitted that the Tribunal

ought to have calculated loss of income for a period of five months and

ought to have awarded Rs.6500/- x 5 = Rs.32,500/- under the head loss

of income. The learned counsel also submitted that the Tribunal awarded

a meagre sum of Rs.15,000/- under the head 'pain and sufferings'.

https://www.mhc.tn.gov.in/judis

CMA No. 1322 / 2023

9.However, the learned counsel for the second respondent

submitted that enhancement claimed by the learned counsel for the

appellant is without any substance. The learned counsel therefore,

submitted that the tribunal had correctly considered the evidence on

record and awarded a just compensation of Rs.1,29,500/- and prayed for

dismissal of the appeal.

10.This Court finds that the Disability Certificate viz., Ex.P.7

would show that the appellant suffered 45% permanent disability.

Hence, this Court is inclined to accept the said report as the second

respondent has not let in any evidence to the contrary. Further, it is seen

that the Medical Board has examined the appellant nearly seven years

after the occurrence i.e. in the year 2022. Hence, that cannot be the basis

for determining the permanent disability at 20% by the Tribunal. The

Tribunal had fixed Rs.4000/- per percentage of the disability. This Court

finds no infirmity in the said finding. Hence, the appellant is entitled to a

compensation of Rs.1,80,000/-(Rs.4,000/- X 45%)under the head

permanent disability and loss of future income; Further, the

compensation under the head loss of income which has been calculated

by the Tribunal for three months is enhanced to a period of five months https://www.mhc.tn.gov.in/judis

CMA No. 1322 / 2023

considering the nature of injury suffered by the appellant. Hence, the

claimant is entitled to Rs.6,500/-X5 = Rs.32,500/-. This court also finds

that compensation awarded under the head pain and sufferings may be

enhanced from Rs.15,000/-toRs.30,000/-. The award of the Tribunal

under the other heads remains unaltered. Thus, the compensation

awarded by the Tribunal is modified as follows:

                            S. No Description           Amount           Amount           Award
                                                       awarded by      awarded by      confirmed or
                                                        Tribunal        this Court     enhanced or
                                                          (Rs)             (Rs)          granted
                            1.        Transport              5,000/-         5,000/-     Confirmed
                                      expenses
                            2.        Extra                  5,000/-         5,000/-     Confirmed
                                      nourishment
                            3.        Attendant              5,000/-         5,000/-     Confirmed
                                      charges
                            4.        Permanent            80,000/-       1,80,000/-     Enhanced
                                      disability and
                                      loss of future
                                      income
                            5.        Loss of income       19,500/-        32,500/-      Enhanced
                            6.        Pain and             15,000/-        30,000/-      Enhanced
                                      sufferings
                                      Total            Rs.1,29,500/-   Rs.2,57,500/- Enhanced by
                                                                                     Rs.1,28,000/-

11. With the above modification, this Civil Miscellaneous Appeal

is allowed and the compensation awarded by the Tribunal at https://www.mhc.tn.gov.in/judis

CMA No. 1322 / 2023

Rs.1,29,500/- is hereby enhanced to Rs.2,57,500/- together with interest

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

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

Company is directed to deposit the enhanced 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 a receipt of copy of this Judgment. On such deposit the appellant is

permitted to withdraw the award amount along with proportionate

interest and costs, less the amount if any, already withdrawn. The