Madras High Court
Vijayakumar vs D.C.Elangovan on 13 July, 2023
C.M.A.No.2400 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.07.2023
CORAM
THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY
C.M.A.No.2400 of 2018
Vijayakumar ...Appellant
Vs
1.D.C.Elangovan
2.The New India Insurance Company Ltd.,
No.39-C, Bye Pass Road,
Dharmapuri. ...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree dated 29.10.2011 made in
M.C.O.P.No.1113 of 2009 on the file of the Motor Accidents Claims Tribunal,
The Chief Judicial Magistrate, Dharmapuri.
For Appellant : Mr.S.Sathiaseelan
For R2 : Ms.R.Sree Vidhya
JUDGMENT
This Civil Miscellaneous Appeal has been filed against the judgment and
decree dated 29.10.2011 made in M.C.O.P.No.1113 of 2009 on the file of the
Motor Accidents Claims Tribunal, The Chief Judicial Magistrate, Dharmapuri.
https://www.mhc.tn.gov.in/judis
C.M.A.No.2400 of 2018
2.The appellant/claimant filed M.C.O.P.No.1113 of 2009 on the file of
the Motor Accidents Claims Tribunal, The Chief Judicial Magistrate,
Dharmapuri, claiming a sum of Rs.10,00,000/-, as compensation for the injuries
sustained by him in the accident that took place on 16.10.2009.
3.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
the driver of the 1st respondent's vehicle and directed the respondents 1 and
2/owner of the vehicle and Insurance Company to pay a sum of Rs.4,15,550/-,
jointly and severally, 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. Loss of Income for 6 months 45,000
2. Medical Expenses 1,84,050
3. Extra Nourishment 5,000
4. Transportation 41,500
5. Pain and Suffering 40,000
7. Permanent Disability 1,00,000
Total 4,15,550
https://www.mhc.tn.gov.in/judis
C.M.A.No.2400 of 2018
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 brought the
appellant/claimant before this Court as per the order of this Court dated
10.07.2023 and submitted that the accident took place on 16.10.2009. Due to
the said accident, the appellant/claimant sustained grievous injuries and took
treatment for 84 days as in-patient. At the time of accident, the
appellant/claimant was 27 years old and he was doing agricultural and
sugarcane crusher work. Though the Doctor has assessed disability at 60%, the
Tribunal has reduced the disability to 50% without giving any reasons and
fixed a sum of Rs.2,000/- per percentage and awarded a sum of Rs.1,00,000/- as
compensation towards permanent disability. The Tribunal fixed the notional
income of the injured at Rs.7,500/- and awarded compensation towards loss of
income for 6 months.
6.Learned counsel appearing for the appellant/claimant would further
submit that due to the said accident, the leg of the injured has shortened about
https://www.mhc.tn.gov.in/judis
C.M.A.No.2400 of 2018
10 cm and he could not work as agriculturist or sugarcane crusher in future.
Therefore, 100% disability has to be assessed for awarding compensation.
Further, the Tribunal has not awarded any amount towards loss of amenities and
future medical expenses.
7.Learned counsel appearing for the 2nd respondent/Insurance Company
would submit that a sum of Rs.2,000/- has been fixed per percentage of
disability and a sum of Rs.1,00,000/- has been awarded by the Tribunal towards
permanent disability, which is just and fair. She would further submit that
towards loss of amenities and future medical expenses, this Court may award
any considerable amount.
8.Heard the learned counsel appearing for the appellant/claimant as well
as the 2nd respondent/Insurance Company and perused the materials available on
record.
9.Taking into consideration the submission made by the learned counsel
appearing for either parties and after observing the injuries sustained by the
https://www.mhc.tn.gov.in/judis
C.M.A.No.2400 of 2018
appellant/claimant, it is seen that the appellant's/claimant's right leg has been
shortened about 10 cm, due to the said injury sustained by him in the accident
that took place on 16.10.2009, he could not do his day-to-day activities without
the help of others. Therefore, this Court feels that the Tribunal has fixed
disability at 50% and awarded compensation in a mechanical manner, where
multiplier method has to be adopted. Hence, the amount awarded by the
Tribunal towards permanent disability is set aside. Taking into consideration the
nature of injuries and disability sustained by the appellant/claimant, this Court
feels that it would be appropriate to adopt 70% disability. Further, the injured
was 27 years at the time of accident and for the age of 27 years the multiplier
applicable is 17 as held by the Hon'ble Supreme Court in the case of Sarla
Verma & others vs. Delhi Transport Corporation & another reported in 2009
(2) TNMAC 1 SC. As held by the Hon'ble Supreme Court in the case of
National Ins. Co. v. Pranay Sethi & others reported in 2017(2)TNMAC 609
(SC), the future prospect for the age group of 27 years is 40% and hence, the
compensation towards permanent disability is computed as follows:
Rs.7500/- + 3000 (40% of Rs.7500) x 12 x 17 x 70%=
Rs.14,99,400/-.
https://www.mhc.tn.gov.in/judis
C.M.A.No.2400 of 2018
10.Further, the compensation awarded by the Tribunal towards loss of
income for 6 months is set aside and this Court is inclined to award
compensation towards loss of income only for the treatment period of the
injured as in-patient in the hospital and accordingly, a sum of Rs.22,500/- is
awarded towards loss of income. As far as future medical expenses and loss of
amenities are concerned, a sum of Rs.50,000/- and 20,000/- is awarded
respectively. 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. Loss of Income 45,000 22,500
2. Medical Expenses 1,84,050 1,84,050
3. Extra Nourishment 5,000 5,000
4. Transportation 41,500 41,500
5. Pain and Sufferings 40,000 40,000
6. Permanent Disability 1,00,000 14,99,400
7. Future Medical Expenses - 50,000
8. Loss of Amenities - 20,000
Total 4,15,550 18,62,450
https://www.mhc.tn.gov.in/judis
C.M.A.No.2400 of 2018
11.In the result, this Civil Miscellaneous Appeal is allowed and the
compensation awarded by the Tribunal at Rs.4,15,550/- is hereby enhanced to
Rs.18,62,450/- 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 respondents 1
and 2/owner of the vehicle and Insurance Company is directed to deposit the
modified award amount, jointly and severally, 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.
13.07.2023
Speaking/Non-speaking order
Index : Yes / No
Neutral Citation : Yes / No
rst
https://www.mhc.tn.gov.in/judis
C.M.A.No.2400 of 2018
KRISHNAN RAMASAMY,J.
rst
To:
The Motor Accident Claims Tribunal
The Chief Judicial Magistrate, Dharmapuri.
C.M.A.No.2400 of 2018
13.07.2023
https://www.mhc.tn.gov.in/judis
