Madras High Court
Anand @ Anandha Raj vs C.Muthuvel on 14 July, 2023
C.M.A.No.311 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.07.2023
CORAM
THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY
C.M.A.No.311 of 2017
Anand @ Anandha Raj ...Appellant
Vs
1.C.Muthuvel
2.The New India Assurance Co. Ltd.,
Motor Thirty Party Claims Office,
No.45, Moore Street,
Chennai – 600 001. ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree dated 06.10.2016 made in
M.C.O.P.No.3394 of 2014 on the file of the Motor Accidents claims Tribunal,
(III Small Causes Court), Chennai.
For Appellant : Mr.R.Nalliyappan
For R1 : No Appearance
For R2 : Mr.C.Ramesh Babu
1/8
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C.M.A.No.311 of 2011
JUDGMENT
This Civil Miscellaneous Appeal has been filed against the judgment and
decree dated 06.10.2016 made in M.C.O.P.No.3394 of 2014 on the file of the
Motor Accidents claims Tribunal, (III Small Causes Court), Chennai.
2.The appellant/claimant filed M.C.O.P.No.3394 of 2014 on the file of
the Motor Accidents claims Tribunal, (III Small Causes Court), Chennai,
claiming a sum of Rs.15,00,000/- as compensation for the injury sustained by
him in the accident that took place on 12.05.2014.
3.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
the 1st respondent and directed the 2nd respondent/Insurance Company to pay a
sum of Rs.10,26,300/- along with interest at the rate of 7.5% as compensation to
the appellant/claimant under following heads:
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C.M.A.No.311 of 2011
S.No Description Amount awarded by
Tribunal (Rs)
1. Loss of Income 44,289
2. Attender Charges 4,329
3. Transport to Hospital 5,000
4. Extra Nourishment 20,000
5. Damage to Clothing 1,000
6. Medical Expenses 3,15,604
7. Pain and Suffering 50,000
8. Damages for Mental and 10,000
Physical shock
9 Loss of Earning 5,76,000
Total 10,26,222
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 appellant/claimant was a Carpenter. Due to
the accident that took place on 12.05.2014, the appellant/claimant sustained
grievous injuries and he could not speak loudly. He would further submit that
the appellant/claimant cannot sit or stand without the help of others for the past
9 years and in future also he needs an attender. Therefore, the disability ought to
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C.M.A.No.311 of 2011
have assessed as 100%. However, the Tribunal has awarded compensation only
by adopting 30% disability, which is very meager. Hence, he prayed to fix the
notional income of the injured at Rs.15,000/-. Further, he prayed to award a sum
of Rs.1,00,000/- towards future attender charges and any considerable amount
towards future medical expenses.
6.Per contra, learned counsel appearing for the 2nd respondent/Insurance
Company would submit that the Tribunal has taken 30% disability and awarded
compensation since the Medical Board has not examined the injured and the
Doctor who has treated the appellant/claimant has not given disability
certificate. Therefore, the compensation awarded by the Tribunal is just and fair.
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 and after observing the appellant/claimant, it is clear
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C.M.A.No.311 of 2011
that due to the accident that took place on 12.05.2014, the appellant/claimant
sustained grievous injuries. Considering the nature of avocation of the injured
and the cost inflation index, this Court is inclined to fix the notional income of
the injured at Rs.12,000/-. Taking into consideration the nature of injuries and
disability sustained by the appellant/claimant, this Court feels that it would be
appropriate to adopt 40% disability. Further, the injured was 32 years at the
time of accident and for the age of 32 years the multiplier applicable is 16 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 32 years is 40% and hence, the loss of earning is
computed as follows:
Rs.12000/- + 4800 (40% of Rs.12000) x 12 x 16 x 40%=
Rs.12,90,240/-.
9.The Tribunal has awarded a sum of Rs.4,329/- towards attender
charges. Since the appellant/claimant needs an attender to carry out his day-to-
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C.M.A.No.311 of 2011
day activities in future, this Court award a sum of Rs.40,000/- towards future
attender charges. Under the head of Transportation, the Tribunal has awarded a
sum of Rs.5,000/-, which is meager and hence, the same is increased to a sum of
Rs.15,000/- and a sum of Rs.44,289/- awarded by the Tribunal towards loss of
income is set aside and 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 44,289 set aside
2. Attender Charges 4,329 4,329
3. Transport to Hospital 5,000 15,000
4. Extra Nourishment 20,000 20,000
5. Damage to Clothes 1,000 1,000
6. Medical Expenses 3,15,604 3,15,604
7. Pain and Suffering 50,000 50,000
8. Damages for Mental and 10,000 10,000
Physical shock
9. Loss of Earning 5,76,000 12,90,240
10. Future Attender Charges - 40,000
Total 10,26.222 17,46,173
rounded off to
10,26,300
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C.M.A.No.311 of 2011
10.In the result, this Civil Miscellaneous Appeal is allowed and the
compensation awarded by the Tribunal at Rs.10,26,300/- is hereby enhanced to
Rs.17,46,173/- 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 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.
14.07.2023
Speaking/Non-speaking order
Index : Yes / No
Neutral Citation : Yes / No
rst
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C.M.A.No.311 of 2011
KRISHNAN RAMASAMY,J.
rst
To:
The Motor Accident Claims Tribunal
I Additional District and Sessions Judge,
Cuddalore.
C.M.A.No.311 of 2017
14.07.2023
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