Madras High Court
Lakshmi vs Alagarsan on 14 July, 2023
C.M.A.No.425 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.07.2023
CORAM
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
C.M.A.No.425 of 2022
Lakshmi .. Appellant
Vs.
1.Alagarsan
2.United India Insurance Company Ltd.,
Oriental Theatre Complex,
77, Aranachala Asari Street,
Salem - 636 001. .. Respondents
Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, against the judgment and decree dated 06.01.2020 in
M.C.O.P.No.810 of 2011 on the file of the Motor Accident Claims Tribunal,
Subordinate Court, Sankagiri.
For Appellant : Mr.R.Navaneetha Krishnan
For Respondents
For R1 : No appearance
For R2 : M/s. I.Malar
1/8
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C.M.A.No.425 of 2022
JUDGMENT
The Appeal has been filed against the Judgment and Decree dated
06.01.2020 made in M.C.O.P.No.810 of 2011 on the file of the Motor
Accident Claims Tribunal, Subordinate Court, Sankagiri. The claimant has
preferred the above appeal, aggrieved by the quantum of compensation
awarded by the Tribunal.
2. The claimant filed the claim petition before the Tribunal stating that
on 07.05.2011 at about 7.30 P.M., while she was walking on the left hand
side of the Ayodhyapattinam-Pelur road, the Two wheeler bearing
Regn.No.TN-54-3586 ridden by the 1st respondent came from behind and hit
her; that because of the same, she had suffered grievous injuries in the hand,
leg, shoulder and chest that she took treatment in a Private Hospital. Thus,
she was entitled to compensation of Rs.5,00,000/-.
3. The 1st respondent/rider of the offending vehicle remained exparte
before the Tribunal.
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C.M.A.No.425 of 2022
4. The 2nd respondent filed counter affidavit denying the averments
made in the claim petition. The 2nd respondent further stated that the
complaint about the alleged accident was given seven days after the accident
and hence, it cannot be said that the injuries sustained by the claimant were
due to the accident.
5. The claimant examined two witnesses on her side and Ex.P1 to
Ex.P10 were marked and on the side of the Court, the Disability Certificate
and X-Ray were marked as Ex.C1 and Ex.C2.
6. The Tribunal after considering oral and documentary evidence held
that the claimant was entitlted to total compensation of Rs.80,000/- (Rupees
Eighty Thousand only).
7. The learned counsel for the appellant submitted that the claimant
had produced the Disability Certificate issued by the Medical Board assesing
the permanent disability of the claimant at 20%. However, without any
basis, the Tribunal had rejected the said certificate and held that no
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C.M.A.No.425 of 2022
compensation can be awarded under the head loss of earning. The learned
counsel for the appellant further submitted that the Tribunal ought to have
atleast adopted the percentage method to award compensation in addition to
the compensation awarded. The learned counsel for the appellant further
submitted that the claimant/appellant was unable to pursue her normal
activities for five months and the Tribunal therefore, ought to have fixed the
notional income and awarded compensation under the head loss of income
for five months.
8. Per contra, the learned counsel for the 2nd respondent / Insurance
Company submitted that the Tribunal had rightly fixed the compensation
and there is no reason to interefere with the award. He further submitted that
the very version of the claimant/appellant that she sustained injuries due to
the act of the 1st respondent is doubtful since the complaint was given seven
days after the alleged accident.
9. Though the learned counsel for the respondent submitted that the
claim of the appellant ought not to have been accepted by the Tribunal since
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C.M.A.No.425 of 2022
the version in the claim petition is doubtful on account of the delay in filing
the complaint, this Court finds that the Tribunal after taking into
consideration the oral and documentary evidence found that the appellant
sustained injuries only due to the accident. The Insurance Company has not
challenged the said finding. In such circumstances, the finding of the
Tribunal as regards the liability need not be interefered with.
10. This Court, on perusal of the documents and on hearing the
submissions of the learned counsel on either side finds that admittedly the
Disability Certificate/Ex.C1 issued by the Medical Board assessed the
disability at 20% and the nature of disability is permanent. This Court is of
the view that the Tribunal ought to have awarded compensation by adopting
the percentage method. Since the accident is of the year 2011, the Tribunal
ought to have awarded Rs.3000/- per percentage and totally Rs.60,000/-
under the head disability. That apart, this Court also finds that the Tribunal
had not taken into consideration the loss of income of the appellant during
the period of treatment. This Court considering the nature of injuries
suffered and the Ex.C1/the Disability Certificate is of the view that the
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C.M.A.No.425 of 2022
claimant is entitled to get compensation under the head loss of income for a
period of three months. The appellant has claimed that she was earning
Rs.6000/- per month in the claim petition and the same is accepted.
Therefore, the compensation awarded under the head loss of income has to
be Rs.18,000/- (6000x3). Hence, compensation of Rs.60,000/- under the
head disability and Rs.18,000/- under the head loss of income can be added
to the sum of Rs.80,000/- already awarded by the Tribunal. Thus, the
compensation awarded by the Tribunal is modified as follows:
S.No Heads Amount Amount Award
awarded awarded by this confirmed or
by Court enhanced or
Tribunal (Rs) granted or
(Rs) reduced
1. Disability 60,000 Granted
2. Loss of income 18,000 Granted
3. Medical expenses 30,000 30,000 Confirmed
4. Pain and suffering 15,000 15,000 Confirmed
5. Transportation 5000 5000 Confirmed
6. Extra nourishment 10,000 10,000 Confirmed
7. Future medical 15,000 15,000 Confirmed
expenses
8. Damages to cloths 5000 5000 Confirmed
Total Rs.80,000/- Rs.1,58,000/-
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C.M.A.No.425 of 2022
11. In the result,
(i) This Civil Miscellaneous Appeal is partly allowed and the
compensation awarded by the Tribunal at Rs.80,000/- is hereby enhanced to
Rs.1,58,000/- together with interest at the rate of 7.5% per annum from the
date of petition till the date of deposit.
(ii) The appellant/claimant is directed to pay necessary Court fee, if
any, on the enhanced compensation.
(iii) The 2nd respondent/Insurance Company is directed to deposit the
enhanced award amount now determined by this Court i.e., Rs.1,58,000/-
along with interest and costs, less the amount already deposited, if any,
within a period of six weeks from the date of receipt of a copy of this
judgment.
(iv) On such deposit, the appellant/claimant is permitted to withdraw
the enhanced award amount along with proportionate interest and costs, less
the amount if any, already withdrawn. No costs.
14.07.2023
Index:yes/no
Internet:yes/no
ata
https://www.mhc.tn.gov.in/judis
C.M.A.No.425 of 2022
SUNDER MOHAN.J.,
ata
To
The Presiding Officer,
Motor Accident Claims Tribunal,
Subordinate Court,
Sankagiri.
C.M.A.No.425 of 2022
14.07.2023
https://www.mhc.tn.gov.in/judis
