Madras High Court
Thirunavukkarasu vs Rajakannu on 5 June, 2023
C.M.A(MD)No.1451 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.06.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.1451 of 2016
Thirunavukkarasu ... Appellant/Petitioner
Vs.
1.Rajakannu
2.The Manager,
Reliance General Insurance Company Ltd.,
80 Feet Road, Anna Nagar Extension,
Madurai-625 020. ... Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, to set aside the judgment and decree, dated
02.09.2016 passed in M.C.O.P.No.1366 of 2012 on the file of the Motor
Accident Claims Tribunal, Chief Judicial Magistrate, Madruai.
For Appellant : Mr.I.Robert Chandrakumar
For R2 : Mr.V.Sakthivel
JUDGMENT
The present appeal has been filed by the claimant seeking
enhancement of compensation.
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C.M.A(MD)No.1451 of 2016
2. According to the claimant, he sustained injuries in an accident
that took place on 10.02.2012. According to the claimant, he is a Village
Assistant and he is in service of Government of Tamil Nadu, drawing a
salary of Rs.10,000/- per month. In the said accident, the claimant has
lost his 3 toes and he had sustained 54% disability as per Exhibit P.15
disability certificate. The medical records indicate that he has been
implanted with plates and screws. Therefore, according to the claimant,
the tribunal was not right in reducing the said disability from 54% to
30%. Considering the fact that he has been implanted with plates and
screws, the tribunal ought to have awarded more amount towards future
medical expenses. He further contended that in view of the fact that he
has to undergo a second surgery, the tribunal ought to have awarded
more amount under the heads of attender charges, pain and suffering and
extra nourishment.
3. Per contra, the learned counsel appearing for the insurance
company had contended that even assuming that the claimant has lost 3
toes, the same cannot be considered to be a functional disability and for
the mere loss of 3 toes in one of the legs, doctor has certified 54% which
is highly excessive. Therefore, the learned counsel appearing for the
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.1451 of 2016
respondent contended that the tribunal was right in fixing the disability at
30%. He further contended that no records have been placed before the
Court to establish that the claimant has to undergo a second surgery for
exit of steel implanted. Hence, he prayed for confirming the award
passed by the tribunal.
4. I have carefully considered the submission made on either side.
5. A perusal of Exhibit P.15 indicates that it is a disability
certificate issued by the doctor disclosing that there is a permanent
disability of 54%. It also points out that he cannot work as before. A
perusal of the said certificate indicates that there is a malunion and he
has got loss of power in the left ankle with regard to the mobility and the
claimant will not be able to go up and down in a stair case and his
stability is affected. Calculating the loss of toes number 3,4 and 5, the
doctor has certified the disability to an extent of 54%. In the said
certificate, the doctor has also pointed out that the claimant requires
another surgery for removal of wire which will cost him Rs.20,000/-. He
has further pointed out that the claimant requires a special footwear
which will cost him Rs.2,000/- once in 2 years.
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C.M.A(MD)No.1451 of 2016
6. Considering Exhibit P.15 certificate, this Court is of the opinion
that though the claimant would not have incurred physical disability to
an extent of 54%, certainly the disability could be assessed at 40%.
However, the tribunal was not right in fixing the disability at 30%.
Therefore, towards permanent disability, this Court is inclined to award a
sum of (40x3,000=1,20,000) Rs.1,20,000/- instead of Rs.90,000/-. As far
as pain and suffering, extra nourishment and attender charges are
concerned, considering the fact that he has to undergo another surgery,
the award under these heads have to be enhanced. The compensation
towards attender charges shall be enhanced from Rs.15,000/- to
Rs.20,000/-, pain and suffering shall be enhanced from Rs.20,000/- to
Rs.25,000/- and extra nourishment shall be enhanced from Rs.5,000/- to
Rs.10,000/-. As per the evidence of P.W.2, the claimant will incur a sum
of Rs.20,000/- towards future medical expenses. Therefore, the future
medical expenses have to be enhanced from Rs.10,000/- to Rs.20,000/-.
Therefore, the compensation amount is modified as follows:
Partial permanent disability 40x3000 : Rs.1,20,000/-
Medical expenses as per Exhibits P.10 and P.11 : Rs.2,21,150/-
Attender charges : Rs. 20,000/-
Pain and suffering : Rs. 25,000/-
Extra nourishment : Rs. 10,000/-
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C.M.A(MD)No.1451 of 2016
Future medical expenses : Rs. 20,000/-
Transport to hospital : Rs. 26,500/-
Damage to clothe and articles : Rs. 500/-
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Total : Rs.4,43,150/-
7. In view of the above said deliberations, the award of the tribunal
is enhanced from Rs.3,88,150/- (Rupees Three Lakh Eighty Eight
Thousand and One Hundred and Fifty only) to Rs.4,43,150/- (Rupees
Four Lakh Forty Three Thousand and One Hundred and Fifty only). The
appeal is allowed to the extent as stated above. The insurance company is
directed to deposit the balance amount within a period of eight (8) weeks
from the date of receipt of a copy of this order. The said amount will
carry interest at the rate of 7.5% from the date of the claim petition.
8. With the above said observations, this Civil Miscellaneous
Appeal stands allowed. No costs.
05.06.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
gbg
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.1451 of 2016
To
1.The Motor Accident Claims Tribunal,
Chief Judicial Magistrate,
Madruai.
2.The Section Officer,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.1451 of 2016
R.VIJAYAKUMAR,J.
gbg
Judgment made in
C.M.A(MD)No.1451 of 2016
05.06.2023
https://www.mhc.tn.gov.in/judis
