Madras High Court
Sanam Rajasekar Reddy vs K.Sivakumar on 2 March, 2023
CMA No.2933 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.03.2023
CORAM
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
CMA No.2933 of 2022
Sanam Rajasekar Reddy .. Appellant
Vs.
1. K.Sivakumar.
2. The Oriental Insurance Company Limited,
Motor Third Party Hub,
No.115, Broadway,
II Floor,
Chennai – 600 001. .. Respondents
PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, 1988 to enhance the award dated 11.11.2019 passed in
MCOP No.6721 of 2013 on the file of the Motor Accident Claims Tribunal
[V Court of Small Causes], Chennai.
For Appellant : Mr.C.Richard Suresh Kumar
For Respondents : Mr.D.Bhaskaran (for R2)
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CMA No.2933 of 2022
JUDGMENT
In a road transport accident on 15.10.2012, a Tanker lorry bearing
Regn. No.AP-03-X-6566, driven by its driver in a rash and negligent
manner, got capsized and the lorry got burst, thereby caused fire accident,
wherein 22 persons were injured and 2 persons were dead. Injured
claimants/legal representatives of the deceased, filed individual claim
petitions, numbering 24, before the Motor Accident Claims Tribunal [V
Court of Small Causes], Chennai. All the 24 cases were tried jointly and by
a common judgment dated 11.11.2019, the claims tribunal held that the
driver of the Tanker Lorry was negligent in causing the accident and
accordingly, fastened liability on the insurer of the Tanker Lorry viz., the
Oriental Insurance Company, the 2nd respondent herein and awarded
compensation in each claim petitions.
2. Claim petitioner in MCOP No.6721 of 2013, is the appellant
herein seeking enhancement of compensation for grievous injuries sustained
in his right leg, resulting in amputation of his right leg below the knee, in the
above said accident.
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CMA No.2933 of 2022
3. For the sake of convenience, the parties are hereinafter referred
to as per their ranking before the claims tribunal.
4. The factum of the accident, the manner of the accident and the
negligence on the part of the driver of the offending vehicle, are not
disputed. Hence, the findings of the claims tribunal, are confirmed.
5. The claim petitioner, who had suffered injury in the road
transport accident on 15.10.2012, has filed the above MCOP and the claims
tribunal has awarded a sum of Rs.16,69,200/- with interest at the rate of
7.5% per annum from the date of numbering of claim petition till the date of
realization with costs.
6. On the point of quantum of compensation, heard the learned
counsel for the appellant/claim petitioner and the learned counsel appearing
on behalf of the 2nd respondent/Insurance Company and perused the
materials available on record.
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CMA No.2933 of 2022
7. On perusal of Ex.P93, copy of the discharge summary issued by
Halsted Surgical Clinic, the injured claimant was in the hospital for three
days. And as per Ex.P94, the 2nd discharge summary, he was in the hospital
for one day. Ex.P98 series are the medical prescriptions and Ex.P97 is the
photograph of the petitioner. The right leg below the knee has been
amputated and hence, the disability of the injured claim petitioner has been
assessed at 50% and finding that the same is functional disability, the claims
tribunal has adopted multiplier method. However, a sum of Rs.6,000/- has
been fixed as notional income. As per Ex.P99, Aadhar Card, the claim
petitioner is aged 30 years and the claim petitioner claimed to be doing
independent business and earned Rs.15,000/- per month. Therefore, I am of
the view that fixing a sum of Rs.9,000/- per month as notional income,
would be fair and reasonable. Accordingly, taking Rs.9,000/- as notional
income; by applying '17' multiplier and also adding 40% of income towards
future prospects, as done by the claims tribunal, the loss of earnings is
arrived at as follows:
Monthly Income : Rs. 9,000/-
Add 40% Future Prospects : Rs. 3,600/-
Total : Rs.12,600/-
Rs.12,600 x 12 x 17 x 50% = Rs.12,85,200/-
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CMA No.2933 of 2022
8. As stated supra, the right leg of the claim petitioner has been
amputated below the knee and hence, the award of Rs.50,000/- and
Rs.1,500/- under the heads 'pain and suffering' and 'attender charges',
respectively, is very less and requires to be enhanced. Accordingly, a sum of
Rs.1,00,000/- towards pain and suffering and Rs.50,000/- towards attender
charges, are awarded. Compensation amount under other heads and the
interest awarded by the tribunal, appears to be just and reasonable and
hence, they are kept intact. The reassessed compensation is as follows:
Amount awarded Award now Enhanced
by the tribunal modified Amount
Rs. Rs.
Pain & sufferings 50,000 1,00,000 50,000
Transport and Extra 30,000 30,000 -
Nourishment
Loss of earning 8,56,800 12,85,200 4,28,400
(6000+(6000*40%)x (9000+(9000*40%)x1
12x17x50% 2x17x50%
Loss of amenities 50,000 50,000 -
Attender Charges 1,500 50,000 48,500
Medical Expenses 6,80,823 6,80,823 -
Total 16,69,123 21,96,023
Rounded off 16,69,200 21,96,100
Enhanced now Rs.5,26,900/-
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CMA No.2933 of 2022
9. In the result, it is ordered as follows:
(i) The judgment and decree dated 11.11.2019, made in MCOP
No.6721 of 2013 on the file of the Motor Accident Claims
Tribunal [V Court of Small Causes], Chennai, stands modified
to the limited extent that the compensation of Rs.16,69,200/-
awarded by the claims tribunal is enhanced to Rs.21,96,100/-
i.e. Rs.16,69,200/- + Rs.5,26,900/- and the interest awarded by
the claims tribunal remains unaltered.
(ii) Additional Court fee, if any, to be paid by the claim petitioner
within a period of four weeks and decree to be drafted after the
payment of Court fee.
(iii)The 2nd respondent-Insurance company is directed to deposit
the enhanced compensation amount of Rs.21,96,100/- with
proportionate interest and costs to the credit of MCOP No.6721
of 2013 on the file of the Motor Accident Claims Tribunal [V
Court of Small Causes], Chennai, within a period of eight
weeks from the date of receipt of a copy of this order, less the
amount deposited, if any.
(iv) On such deposit, the appellant/claim petitioner, is permitted to
withdraw the same, less the amount withdrawn, if any, on
making necessary applications.
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CMA No.2933 of 2022
10. With the above directions, the Civil Miscellaneous Appeal
stands partly allowed. No Costs.
02.03.2023
Index : Yes/No
Neutral Citation : Yes/No.
ars
To
The V Judge,
Court of Small Causes,
Motor Accident Claims Tribunal, Chennai.
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CMA No.2933 of 2022
RMT.TEEKAA RAMAN,J.,
ars
CMA No.2933 of 2022
02.03.2023
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