Madras High Court
Arokia Dhas vs Babu Angel Hallow Blocks on 22 June, 2023
C.M.A(MD)No.868 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.06.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.868 of 2015
Arokia Dhas ... Appellant/Petitioner
Vs.
1.Babu Angel Hallow Blocks,
No.10, Ambethinkalai,
Edaikode,
Vilavancode,
Kanyakumari.
2.Royal Sundaram Alliance Insurance Company Ltd.,
Through its Branch Manager,
No.176, D&E Trivandram Road,
Vannarpettai,
Tirunelveli. ... Respondents/ Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, to allow this appeal and enhance the award amount
in M.C.O.P.No.561 of 2013 on the file of the Motor Accident Claims
Tribunal, (Special Sub Court) Tirunelveli, dated 19.03.2014.
For Appellant : Mr.T.Selvakumaran
For R1 : No Appearance
For R2 : Mr.M.Jerin Mathew
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C.M.A(MD)No.868 of 2015
JUDGMENT
The present appeal has been filed by the claimant seeking
enhancement of the compensation awarded by the Motor Accident
Claims Tribunal, Tirunelveli in M.C.O.P.No.561 of 2013.
2. In the accident that took place on 19.02.2013, the injured
claimant who was a salesman in a TASMAC shop is said to have
sustained 46% disability. He was admitted to a hospital between
19.02.2013 and 11.03.2013 as per the discharge summary marked as
Exhibit P.14.
3. The tribunal has reduced the disability mentioned in Exhibit P.7
disability certificate from 46% to 35% and has chosen to award a sum of
Rs.3,000/- per percentage of disability. According to the learned counsel
appearing for the appellant, the tribunal ought not to have reduced the
disability certified issued by a qualified doctor and the tribunal ought to
have awarded a sum of Rs.4,000/- per percentage in view of the
judgment of the Hon'ble Division Bench in C.M.A(MD)No.113 of 2018
(Cholamandalam MS General Insurance Company Limited Vs.
Sivasankaran & Another), dated 20.08.2018.
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C.M.A(MD)No.868 of 2015
4. The learned counsel for the appellant had further contended that
in view of the fact that the claimant was an in-patient for nearly 3 weeks,
the tribunal ought to have awarded a sum of Rs.2,00,000/- towards pain
and suffering. He relied upon a judgment of the Hon'ble Supreme Court
reported in 2020 (2) TN MAC 303 (Erudhaya Priya Vs. State Express
Transport Corporation Ltd.,) wherein the Supreme Court has awarded a
sum of Rs.2,00,000/- towards pain and suffering for the disability of
31.1% to the whole body. Hence, he prayed for enhancement of the
compensation under these two heads.
5. Per contra, the learned counsel appearing for the respondent had
contended that the tribunal after considering the oral and documentary
evidence, has awarded just compensation at the rate of Rs.3,000/- per
percentage of disability. Considering the fact that the claimant continues
to be employed as a TASMAC sales person, the tribunal has reduced the
disability from 46% to 35% which cannot be said to be illegal. He further
contended that the tribunal has already awarded a sum of Rs.25,000/-
towards pain and suffering which is reasonable and the same may not be
enhanced.
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C.M.A(MD)No.868 of 2015
6. I have carefully considered the submissions made on either side.
7. A perusal of Exhibit P.7 which is the disability certificate issued
by an Ortho Doctor indicates that the movement of the right wrist and
fingers are restricted and there is a deformity in the right finger and
thumb. He has also found loss of sensation in the right hand. The doctor
has further found that weakness of right wrist turn in fingers and the pain
continues in the right wrist hand and fingers. The doctor has divided the
percentage among the various disabilities sustained by the injured
claimant and totally, arrived at the partial permanent disability at 46%.
8. A perusal of the order passed by the tribunal clearly indicates
that without assigning any reasons, the tribunal has reduced the disability
from 46% to 35%. Therefore, this Court is inclined to arrive at a finding
that the disability sustained by the claimant is 46%. As rightly pointed
out by the learned counsel for the appellant, the Division Bench in a
judgment reported in C.M.A(MD)No.113 of 2018 (Cholamandalam MS
General Insurance Company Limited Vs. Sivasankaran & Another),
dated 20.08.2018, for an accident that has taken place on 25.03.2011 has
awarded Rs.4,000/- per percentage. In the present case, the accident has
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C.M.A(MD)No.868 of 2015
taken place on 19.02.2013. Therefore, this Court is inclined to enhance
the same from Rs.3,000/- to Rs.4,000/- per percentage of disability.
9. As far as the prayer for enhancement of compensation under the
head of pain and suffering is concerned, the tribunal has already awarded
a sum of Rs.25,000/-. However, considering the fact that the claimant
was admitted to hospital for nearly 3 weeks, this Court is inclined to
enhance the same to a sum of Rs.50,000/-.
10. In view of the above said deliberations, the award of the
tribunal is modified to the following effect:
Partial permanent disability 46x4,000 : Rs.1,84,000/-
Loss of income : Rs. 10,000/-
Transport expenses : Rs. 5,000/-
Extra nourishment : Rs. 15,000/-
Attender charges : Rs. 5,000/-
Medical expenses : Rs.1,08,620/-
Pain and suffering : Rs. 50,000/-
Loss of amenities : Rs. 25,000/-
-------------------
Total : Rs.4,02,620/-
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C.M.A(MD)No.868 of 2015
11. The award of the tribunal is enhanced from Rs.2,98,620/-
(Rupees Two Lakh Ninety Eight Thousand Six Hundred and Twenty
only) to Rs.4,02,620/- (Rupees Four Lakh Two Thousand Six Hundred
and Twenty only). The award will carry the interest at 7.5% from the date
of claim petition. The insurance company is directed to deposit the
enhanced amount within a period of eight (8) weeks from the date of
receipt of a copy of this order.
12. The Civil Miscellaneous Appeal is partly allowed to the extent
as stated above. No costs.
22.06.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
gbg
To
1.The Motor Accident Claims Tribunal,
(Special Sub Court),
Tirunelveli.
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.868 of 2015
R.VIJAYAKUMAR,J.
gbg
Judgment made in
C.M.A(MD)No.868 of 2015
22.06.2023
https://www.mhc.tn.gov.in/judis
