Pazhani vs M/S. Bharat Tours And Travels
2023 Latest Caselaw 5827 Mad

Citation : 2023 Latest Caselaw 5827 Mad
Judgement Date : 9 June, 2023

Madras High Court

Pazhani vs M/S. Bharat Tours And Travels on 9 June, 2023

                                                                           C.M.A.No.843 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                Dated: 09.06.2023

                                                    Coram:

                                     THE HONOURABLE MRS.JUSTICE N.MALA

                                               CMA.No.843 of 2023


              Pazhani
                                                                                ...Appellant

                                                      Vs.

              1.M/s. Bharat Tours and Travels,
              No.222, A3, Trichy Road,
              Palladam, Tiruppur,
              Coimbatore-641 664.

              2.The Manager,
              The New India Insurance Co. Ltd.,
              Palladam Branch, No.93, G1, Trichy Road,
              Corporation Bank Mel Madi,
              Palladam-641 664.
                                                                            ...Respondents

              Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor
              Vehicles Act, challenging the Judgment and Decree passed in M.C.O.P. No.4863
              of 2017 dated 08.11.2022 on the file of Motor Accidents Claims Tribunal, VI
              Small Causes Judge, Chennai.


                        For Appellant : Mr.Mukund R. Pandiyan
                        For R-2       : Mr.J. Chandran


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                                                                                      C.M.A.No.843 of 2023

                                                  JUDGMENT

This appeal is filed challenging the Award and Decree passed in M.C.O.P.

No.4863 of 2017 dated 08.11.2022 on the file of Motor Accidents Claims

Tribunal, VI Small Causes Judge, Chennai.

2. The appeal is filed by the claimant seeking enhancement of

compensation.

3. The brief facts leading to the filing of the above appeal as follows:

On 04.05.2017 at about 8.00 p.m, when the claimant was driving tractor, a

bus belonging to the first respondent, driven by its driver in a rash and negligent

manner, dashed against the tractor, due to which, the claimant lost his control and

dashed against the lorry which was parked near the road, on account of which, the

claimant sustained grievous injuries. The claimant therefore filed claim petition

before the Claims Tribunal seeking compensation of Rs.20,00,000/- for the

injuries sustained by him in the accident.

4. Before the Claims Tribunal, the claimant examined himself as P.W.1 and

Ex.P.1 to Ex.P.16 were marked. On the side of the respondents, no witness was

examined and no documents were marked. The disability certificate was marked

as Ex.C.1.

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C.M.A.No.843 of 2023

5. The Claims Tribunal on an assessment of the evidence on record awarded

Rs.2,86,850/- along with 7.5% interest as compensation. Not satisfied with the

compensation awarded, the claimant has filed the above appeal.

6. The learned counsel for the claimant submitted that the Claims Tribunal

erred in adopting unit method, as the claimant had sustained grievous injuries and

had lost his right eye in the accident. The learned counsel further submitted that

the appellant was an agriculturist and on account of loss of vision in the right eye,

he was not able to do his agricultural work as before. The learned counsel

therefore submitted that there was functional disability due to the loss of vision

and other injuries. The learned counsel further submitted that the award under the

other heads passed by the Claims Tribunal, was meager and deserved to be

enhanced.

7. The learned counsel for the second respondent on the other hand,

submitted that the award passed by the Claims Tribunal was just, fair and

reasonable and did not call for any interference by this Court.

8. I have heard both the learned counsels and have perused the materials

placed on record.

9. It is seen that the claimant lost vision in his right eye due to the injuries

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C.M.A.No.843 of 2023

sustained by him in the accident and therefore it could not be said that there was

no functional disability. The claimant was an agriculturist and therefore loss of

vision would definitely affect his earning capacity.

10. I therefore find that this is a fit case for adopting multiplier method. The

permanent disability was assessed at 43% by the Medical Board and the same is

also taken as functional disability. I am in agreement with the contentions of

learned counsel for the claimant that considering the nature of injuries sustained

by the claimant, the award under the other heads needs to be enhanced. Therefore

the award of the Claims Tribunal is modified as follows.


               S.No.                Various Heads             Award by Tribunal    Award by this Court
                                                               (amount in Rs.)      (amount in Rs.)
              1.         Medical expenses                    14,807/-             14,807/-
              2.         Transport charges                   8,000/-              25,000/-
              3.         Extra Nourishment                   7,000/-              35,000/-
              4.         Attender Charges                    10,000/-             25,000/-
              5.         Loss of Amenities                   Nil                  1,00,000/-
              6.         Loss of Permanent Disability        1,72,000/-           8,51,400/-
                                                                                  (15,000 x 12 x 11 x
                                                                                  43/100 )
              7.         Loss of Income                      60,000/-             Nil
              8.         Pain and Suffering                  15,000/-             50,000/-
                                     Total                   2,86,850/-           11,01,207/-

11. The appellant is entitled to enhanced compensation of Rs.11,01,207/- https://www.mhc.tn.gov.in/judis

C.M.A.No.843 of 2023

along with 7.5% interest from the date of claim petition till the date of payment.

12. It is submitted by the learned counsel for the appellant that the second

respondent/Insurance company deposited the entire award amount before the

Claims Tribunal and the same has not been withdrawn till date.

13. In the light of the said submission, a direction is issued to the second

respondent/Insurance company to deposit the enhanced compensation, less

amount, if any, already deposited, along with 7.5% interest within a period of

six(6) weeks from the date of receipt of copy of this Judgment. On such deposit

being made by the Insurance Company before the Tribunal, the Tribunal is

directed to credit the compensation to the Bank account of the claimant by