Madras High Court
Varalakshmi vs Santhosh Supplies on 2 March, 2023
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE RMT.TEEKA RAMAN
C.M.A.No.2937 of 2022
Varalakshmi ...Appellant
Vs.
1.Santhosh Supplies,
No.68, Vinayakar Koil Street,
Padapai, Chennai - 601 301.
2.The Manager,
ICICI Lombard General Insurance Co.Ltd.,
No.84/85, Wall Tax Road,
Chennai - 600 003. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the Judgment and decree dated 20.06.2022,
in M.C.O.P.No. 6616 of 2017, on the file of the Motor Accidents Claims
Tribunal, (in the VI Court of Small Causes), Chennai.
For Appellant : Mr.Amar Dineshbhai Pandiya
For R1 : Dispensed with
R2 : Mrs.R.Sreevidhya
https://www.mhc.tn.gov.in/judis
2
JUDGMENT
The appellant is the claimant in M.C.O.P.No. 6616 of 2017 on
the file of the Motor Accidents Claims Tribunal, the VI Court of Small
Causes, Chennai. She has filed the above said claim petition under
Section 166 of the Motor Vehicles Act, 1988, seeking compensation of a
sum of Rs.20,00,000/- for the injuries sustained by her in a road
accident that took place on 22.07.2017.
2. The brief case of the appellant/claimant is as follows:
(i) The appellant/claimant was aged 35 years on the date of the
accident. She was doing a water business and earning a sum of
Rs.20,000/- per month.
(ii) On 22.07.2017, at about 13.00 hours., the petitioner was
traveling in a van bearing Registration No.TN 03 J 4430 at 200 feet road
near SRF Company junction, Manali, Chennai. At that time, a Tipper
Lorry bearing Registration No.TN 11 H 5563 driven by its driver in a rash
and negligent manner, came at a dangerous speed from same direction
and dashed behind the petitioner. Due to the said accident, the
appellant/claimant sustained (i) Head injury (ii) Pelvic fracture and
multiple injuries and fractures all over her body.
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(iii) Immediately, after the accident, the appellant/claimant was
taken to Manali Anand Hospital. The rash and negligent riding of the
rider of the above said tipper lorry was a sole reason for the above said
accident. There was no negligence on the part of the appellant/
claimant.
3. The owner of the tipper lorry bearing Registration No. TN 11
H 5563, was absent before the Tribunal, and therefore, he was set
ex-parte. The ICICI Lombard General Insurance Company Limited
contested the claim petition. Before the Tribunal, on the side of the
appellant/claimant, PW1 to PW3 were examined and Exs.P1 to Ex.P11
were marked. On the side of the respondents, R.W.1 was examined and
Ex.R1 was marked and as a Court exhibit Ex.C1 is marked.
4.After going through the oral and documentary evidence
adduced before it, the Tribunal awarded a sum of Rs.1,67,999/-, which
is rounded off to a sum of Rs.1,68,000/-, together with interest at the
rate of 7.5% per annum from the date of filing of the petition till the date
of deposit and is payable by the second respondent on behalf of the first
respondent. Not satisfied with the quantum of compensation awarded by
the Tribunal, the claimant has filed the present appeal under Section 173
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of the Motor Vehicles Act, 1988.
5. After hearing both the parties and perusing the materials
available on records, it is seen that the rash and negligence fixed on the
part of the rider of the said tipper lorry is not in dispute and the same is
hereby confirmed.
6. The learned counsel appearing for the appellant/claimant
would contend that in the above said accident, the appellant/claimant
has suffered (i) Head injury (ii) Pelvic fracture and multiple injuries and
fractures all over her body. He would contend that the
appellant/claimant was admitted as an in-patient in Anand Hospital on
22.07.2017. However, the Tribunal has awarded a meagre amount as a
compensation to the appellant/claimant. Therefore, he would contend
that the compensation awarded by the Tribunal should be enhanced.
7. The learned counsel appearing for the second respondent-
ICICI Lombard General Insurance Company Limited would contend that
the appellant/claimant has not suffered any 'functional disability', but,
the Tribunal has adopted a multiplier method for granting the award and
the same is erroneous. The learned counsel for the Insurance Company
also disputed the age, vocation and monthly income of the injured
claimant and contended that the quantum of compensation claimed by
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the injured claimant is highly excessive.
8. It is seen from the records that the claimant has been an
inpatient for more than 11 days. The claimant suffered severe head
injury, Pelvic Fracture and multiple injuries and fractures all over her
body. The injuries suffered by her would not only affect her job but also
her day to day activities. The Tribunal has granted a sum of Rs.3000/-
per percentage and awarded a sum of Rs.72,000/- [Rs.3,000/- X 24]
under the head of Disability. The said sum is enhanced to a sum of
Rs.96,000/- [Rs.4,000/- per percentage X 24]. As regards, the
compensation under the head of 'Loss of Earning', the Tribunal has
awarded a sum of Rs.30,000/-, which sum is enhanced to a sum of
Rs.60,000/-. Likewise, a sum of Rs.20,000/- granted under the head of
Pain and Sufferings is enhanced to a sum of Rs.25,000/-.
9. A sum of Rs.5,000/- granted by the Tribunal under the head
'transportation' is enhanced to a sum of Rs.10,000/-. Since, the
appellant/claimant was admitted as an in-patient for more than 11 days,
a sum of Rs.5,000/- awarded towards the 'attender's charges', is
enhanced to a sum of Rs.15,000/-. Likewise, a sum of Rs.5,000/-
granted under the head of “extra nourishment' is enhanced to a sum of
Rs.10,000/-. The Tribunal has granted a sum of Rs.30,999/- to the
appellant/claimant towards 'medical expenses' and the same is hereby
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confirmed.
10. Accordingly, the award of the Tribunal in M.C.O.P.No. 6616
of 2017 is modified as follows:
Sl. Particulars Amount granted Amount
No. by the Tribunal granted by this
Court
1. Medical expenses Rs.30,999/- Rs.30,999/-
2. Transportation Rs.5,000/- Rs.10,000/-
3. Extra Nourishment Rs.5,000/- Rs.10,000/-
4. Attender Charges Rs.5,000/- Rs.15,000/-
Disability Rs.72,000/- Rs.96,000/-
5. (Rs.3,000/- x 24) (Rs.4,000/-x 24)
6. Loss of Earnings Rs.30,000/- Rs.60,000/-
7. Pain and sufferings Rs.20,000/- Rs.25,000/-
Total Rs.1,67,999/- Rs.2,46,999/-
rounded off to
Rs.1,68,000/-
The compensation awarded by the Tribunal is enhanced from
Rs.1,68,000/- to a sum of Rs.2,46,999/- which shall carry interest at the
rate of 7.5% per annum.
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11. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed to the
limited extent indicated above. No costs.
(ii) The quantum of compensation awarded by the Tribunal is
enhanced from Rs.1,68,000/- to Rs.2,46,999/-.
(iii) The appellant/claimant is directed to pay the court fee for
the enhanced compensation amount, if any, and the Registry is directed
to draft the decree only after the receipt of court fee.
(iv) The second respondent/ICICI Lombard General Insurance
Co. Ltd., is directed to deposit the enhanced compensation amount
awarded by this court, i.e., Rs.2,46,999/- (less the amount already
deposited) together with interest at the rate of 7.5% per annum from the
date of claim petition till the date of deposit of the amount to the credit
of M.C.O.P.No. 6616 of 2017, dated 20.06.2022, on the file of the Motor
Accidents Claims Tribunal, VI Court of Small Causes at Chennai within a
period of eight weeks from the date of receipt of a copy of this judgment.
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(v) On such deposit being made by the second respondent, the
appellant/claimant is permitted to withdraw the same, in the manner
known to law.
02.03.2023
nvi
Index : Yes/No
Speaking/Non-speaking order
To
1.The Motor Accidents Claims Tribunal,
The VI Court of Small Causes at Chennai
2.The Section Officer,
V.R.Section,
High Court,
Madras.
https://www.mhc.tn.gov.in/judis
RMT.TEEKA RAMAN, J.
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C.M.A.No.2937 of 2022
https://www.mhc.tn.gov.in/judis
02.03.2023
https://www.mhc.tn.gov.in/judis
