Madras High Court
N.Periyasamy vs P. Arunkarathikeyan on 19 June, 2023
C.M.A.No.1446 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.06.2023
CORAM:
THE HON'BLE Mr.JUSTICE A.A.NAKKIRAN
CMA. No.1446 of 2019
N.Periyasamy ... Appellant
..vs..
1. P. Arunkarathikeyan
2.B. Kavithai Thendral
3. The Manager,
ICICI Lombard General Insurance Company Ltd.,
ICICI Lombard House,
No.414, Veerasavarkar Marg
Near Siddhi Vinayaka Temple,
Prabhadevi, Mumbai
4.The Manager,
ICICI Lombard General Insurance Company Ltd.,
No.256, J B Towers,
First Floor, rear portion
Indian Bunk, Sakty Road,
Erode HO, Erode. .... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree dated 03.11.2015
made in MCOP.No.54 of 2013 on the file of the Motor Accident Claims
Tribunal, (Subordinate Court) Perundurai.
For Appellant : Ms.M.Sudha
for Mr.C.Munusamy
1/10
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C.M.A.No.1446 of 2019
For Respondents : Exparte - R1
Mrs. R. Sreevidhya for R2
No appearance – R3
Given up - R4
JUDGMENT
Aggrieved over the quantum of compensation arrived at by the
Tribunal at Rs.2,58,389/- along with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit, the claimant /
appellant is before this Court. Since challenge to the appeal is only on
quantum, this Court deals only with the quantum arrived at by the
Tribunal, confirming the negligence aspect.
2. It is the case of the claimant/appellant that on 02.12.2012 at
11.45 p.m., while the claimant was travelling in a Maruthi car bearing
Regn.No.TN-67-Y-3811 from Erode to Perundurai main road, near
Thangam Nagar pirivu, another car bearing Regn.No.TN-56-C-0006
came in a rash and negligent manner and dashed against the car in which
the claimant was travelling, due to which, the claimant / appellant
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C.M.A.No.1446 of 2019
sustained injuries all over the body. Claiming that the accident occurred
only due to the rash and negligent driving of the 1st respondent, the
respondents 3 and 4 are liable to pay compensation, claim petition came
to be filed claiming a sum of Rs.8,50,000/- as compensation before the
Tribunal.
3. The learned counsel for the appellant would submit that the
Tribunal erred in deciding the quantum of compensation payable to the
appellant when it is rightly found that the negligence was on the part of
the first respondent. Due to the said accident, the claimant took treatment
as in-patient for months together and underwent surgeries and incurred
medical expenses for more than Rs.1,00,000/- and even now he is taking
treatment as out-patient. Even now he is not able to do his day-to-day
affairs owing to the physical disabilities. It erred in not awarding any sum
towards future medical treatment while it is manifestly proved that the
appellant has to take continuous follow up treatment. It has erred in
awarding only a sum of Rs.63,028/- while the medical bills have been
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C.M.A.No.1446 of 2019
marked to the tune of Rs.1,17,243/-. It erred in not awarding any sum
towards damages despite the fact that the appellant had established that
the car was smashed on account of the mishap proved through
documentary evidence vide Ex.P17. It also erred in awarding lesser sum
towards permanent disability when the Doctor assessed the disablement
of the claimant as 32% was examined as PW2 and he marked the
disability certificate and X-ray as Ex.P26 and Ex.P.27 respectively. It
grossly erred in not awarding any sum towards loss of amenities and
attender charges and also in awarding lesser sum under other heads. It
grossly erred in not awarding any sum towards loss of earning power
without considering the injuries sustained by the appellant and his
earning capacity was impaired. Hence, he prays for the enhancement of
the appeal.
4. On the contrary, the learned counsel for the second
respondent/Insurance Company has submitted that after considering the
entire oral and documentary evidence, the Tribunal has awarded a fair
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C.M.A.No.1446 of 2019
and reasonable compensation. Hence, this case do no warrant any
interference of this Court.
5. Heard, the learned counsel for the appellant and the learned
counsel for the second respondent. Perused the materials available on
record.
6. The Tribunal, based on the oral and documentary evidences, has
awarded a sum of Rs.2,58,389/- as total compensation payable by the
third respondent to the claimant under the following heads:
Heads Award Amount
(Rs.)
Loss of earnings during 50,000/-
the treatment period
Transport to Hospital 46,361/-
Extra Nourishment 10,000/-
Medical Expenses 63,028/-
Pain and sufferings 25,000/-
Permanent disability 64000/-
Total Rs.2,58,389/-
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C.M.A.No.1446 of 2019
7. Considering the nature of the injuries sustained by the
Appellant/claimant, this Court is inclined to fix Rs.3000/- for each
percentage of disability since the year of the accident is 2012. However,
in view of the modification of Rs.2000/- to Rs.3000/- for each percentage
by this Court, the disability compensation is enhanced to Rs.96,000/- by
this Court instead of Rs.64,000/- as assessed by the Tribunal.
8. Perusal of records would reveal that the Tribunal has not
awarded any sum under the head of attender charges. Considering the
nature of injuries sustained by the appellant and that the claimant would
have been taken care of by any other person during the treatment period
in the Government as well as in the private hospital, this court is inclined
to fix Rs.6000/- under the head of attender charges. During the treatment
period, he would have taken nutritious food and hence, the sum may be
enhanced to Rs.12,000/- towards Extra Nourishment.
9. Insofar as the other heads such as loss of earnings, Transport,
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C.M.A.No.1446 of 2019
medical expenses, pain and sufferings are concerned, which in the
opinion of this Court, are based on evidence and records, the said sum
awarded under these heads are confirmed as such. Thus, the break-up
details of the modified compensation are as follows:
Heads Award Amount
(Rs.)
Loss of earnings during 50,000/-
the treatment period
Transport to Hospital 46,361/-
Extra Nourishment 12,000/-
Medical Expenses 63,028/-
Pain and sufferings 25,000/-
Permanent disability 96000/-
Attender charges 6000/-
Total Rs.2,98,389/-
10. In the result, the Civil Miscellaneous Appeal filed by the
claimant/appellant is partly allowed by enhancing the total compensation
from Rs.2,58,389/- to Rs.2,98,389/-, which is payable with interest at
the rate of 7.5% per annum from the date of petition till the date of
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C.M.A.No.1446 of 2019
deposit. Since the compensation amount now awarded is Rs.2,98,389/-
/-, it is made clear that the claimant has to pay the appropriate Court fee
in order to receive the enhanced award amount.
11. The second respondent/Insurance Company shall deposit the
enhanced compensation amount, as awarded by this Court, less the
amount already deposited, if any, within a period of six weeks from the
date of receipt of a copy of this judgment. On such deposit being made,
the Tribunal is directed to transfer the award amount along with accrued
interest as per the order of this Court to the appellant/claimant through
RTGS within a period of two weeks thereafter. No costs.
19.06.2023
Index : yes/No
Internet: Yes/No
gv
To
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C.M.A.No.1446 of 2019
1. The Motor Accident Claims Tribunal,
Subordinate Court) Perundurai.
2. The Section Officer,
V.R.Section,
Madras High Court,
Chennai-104.
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C.M.A.No.1446 of 2019
A.A.NAKKIRAN., J.
gv
CMA. No.1446 of 2019
19.06..2023
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