Karunakaran vs A.Shahul Hameed
2023 Latest Caselaw 8243 Mad

Citation : 2023 Latest Caselaw 8243 Mad
Judgement Date : 13 July, 2023

Madras High Court

Karunakaran vs A.Shahul Hameed on 13 July, 2023

                                                                                     C.M.A.No.2858 of 2021


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 13.07.2023

                                                        CORAM

                                  THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY

                                                 C.M.A.No.2858 of 2021
                  Karunakaran                                                      ...Appellant
                                                           Vs
                  1.A.Shahul Hameed

                  2.National Insurance company Limited,
                    Motor Third Party Claims Hub,
                    No.751, Anna Salai,
                    Chennai – 600 002.                                     ...Respondents
                  Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                  Vehicles Act, 1988, against the judgment and decree dated 09.04.2021 made in
                  M.C.O.P.No.4818 of 2015 on the file of the Motor Accidents Claims Tribunal,
                  Special Sub Court No.1, Chennai.
                                        For Appellant     : Mr.R.Navaneetha Krishnan
                                        For R2            : Ms.R.Sree Vidhya

                                                        JUDGMENT

This Civil Miscellaneous Appeal has been filed against the judgment and

decree dated 09.04.2021 made in M.C.O.P.No.4818 of 2015 on the file of the

Motor Accidents Claims Tribunal, Special Sub Court No.1, Chennai.

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2.The appellant/claimant filed M.C.O.P.No.4818 of 2015 on the file of

the Motor Accidents Claims Tribunal, Special Sub Court No.1, Chennai,

claiming a sum of Rs.18,00,000/-, as compensation for the injuries sustained by

him in the accident that took place on 14.04.2015.

3.The Tribunal considering the pleadings, oral and documentary

evidence, held that the accident occurred due to rash and negligent driving by

the rider of the 1st respondent's vehicle and directed the 2nd

respondent/Insurance Company to pay a sum of Rs.2,29,900/- along with

interest at the rate of 7.5% as compensation to the appellant/claimant under

following heads:

                                  S.No              Description            Amount awarded by
                                                                             Tribunal (Rs)
                              1.         Disability                                    30,000
                              2.         Pain and Suffering                            20,000
                              3.         Transportation                                 3,000
                              4.         Medical Expenses                             1,23,389
                              5.         Extra Nourishment                             10,000
                              6.         Attender Charges                               2,500
                              7.         Loss of Earnings                              21,000
                              8.         Loss of Future Prospects                      20,000
                                         Total                                       2,29,889
                                                                                rounded off to
                                                                                     2,29,900






https://www.mhc.tn.gov.in/judis
                                                                                      C.M.A.No.2858 of 2021




                            4.Aggrieved    over   the   award   passed    by   the   Tribunal,        the

appellant/claimant filed the present appeal challenging the quantum of

compensation.

5.Learned counsel appearing for the appellant/claimant would submit that

the accident took place on 14.04.2015. Due to the said accident, the

appellant/claimant sustained grievous injuries and therefore, the Medical Board

has assessed disability at 10%. The Tribunal fixed a sum of Rs.3,000/- per

percentage and awarded a sum of Rs.30,000/- towards disability, which is

meager. The accident took place in the year 2015, therefore, the Tribunal ought

to have awarded a sum of Rs.5,000/- per percentage. As far as loss of earnings

is concerned, the Tribunal has fixed a sum of Rs.7,000/- per month and awarded

a sum of Rs.21,000/- towards loss of earnings for three months, which is on the

lower side and prayed to fix the monthly income of the injured as Rs.15,000/-

since he was working as driver at the time of accident.

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6.Learned counsel appearing for the 2nd respondent/Insurance Company

would submit that a sum of Rs.4,000/- may be fixed as per percentage of

disability and for loss of earning a sum of Rs.9,000/- per month may be fixed.

7.Heard the learned counsel appearing for the appellant/claimant as well

as the 2nd respondent/Insurance Company and perused the materials available on

record.

8.Taking into consideration the submission made by the learned counsel

appearing for either parties, it is seen that the appellant/claimant was self-

employed (driving auto). Considering the nature of avocation of the injured and

considering the fact that the injured has suffered leg injury, this Court is

inclined to fix a sum of Rs.4,000/- per percentage of disability. Accordingly, the

amount awarded by the Tribunal towards disability at a sum of Rs.30,000/-

stands increased to Rs.40,000/-. As far as loss of income is concerned, the

Tribunal has awarded loss of income for three months taking the monthly

income of the injured as Rs.7,000/- and the same is meager. Since the accident

is of the year 2015, this Court feels that the income of the injured has to be

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fixed at Rs.15,000/-. Further, since the injured is driver and he suffered leg

injury, this Court is inclined to award compensation towards loss of income for

four months. Accordingly, the amount awarded by the Tribunal towards loss of

earning stands increased from Rs.21,000/- to Rs.60,000/-. The compensation

awarded by the Tribunal under all other heads are just and fair and the same

stands confirmed. Thus, the compensation awarded by the Tribunal is re-

determined as follows:

S.No Description Amount awarded by Amount awarded Tribunal by this Court (Rs) (Rs)

1. Disability 30,000 40,000

2. Pain and Sufferings 20,000 20,000

3. Transportation 3,000 3,000

4. Medical Expenses 1,23,389 1,23,389

5. Extra Nourishment 10,000 10,000

6. Attender Charges 2,500 2,500

7. Loss of Earnings 21,000 60,000

8. Loss of Future Prospects 20,000 20,000 Total 2,29,889 2,78,889 rounded off to 2,29,900 rounded off to 2,78,900

9.In the result, this Civil Miscellaneous Appeal is partly allowed and the

compensation awarded by the Tribunal at Rs.2,29,900/- is hereby enhanced to

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Rs.2,78,900/- with interest at the rate of 7.5% per annum from the date of

petition till the date of realisation. The appellant/claimant is directed to pay

necessary Court fee, if any, on the enhanced compensation. The 2nd

respondent/Insurance Company is directed to deposit the modified award

amount along with interest and costs now determined by this Court, less the

amount already deposited, if any, within a period of eight weeks from the date

of receipt of a copy of this judgment. Therafter, the Tribunal is directed to

transfer the award amount to the appellant/claimant by way of RTGS to his

bank account directly, within a period of three weeks from the deposit being

made or from date of furnishing the RTGS particulars by the appellant/claimant,

whichever is later. On such deposit, the appellant is permitted to withdraw the

entire award amount along with interest. No costs.