Madras High Court
Vakati Chandramouli Reddy vs K.Sivakumar on 2 March, 2023
CMA No.2729 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.03.2023
CORAM
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
CMA No.2729 of 2022
Vakati Chandramouli 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.4714 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.2729 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.4714 of 2013, is the appellant
herein seeking enhancement of compensation for 50% burn injuries over
both hands, legs and chest, in the above said accident.
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CMA No.2729 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.6,49,300/- 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.2729 of 2022
7. On perusal of Ex.P85, copy of the wound certificate, issued by
Andhra Pradesh Vaidya Vidhana Parishad, the injured claim petitioner has
been admitted in the hospital on 20.10.2012, underwent surgery on
22.10.2012 and got discharged on 04.11.2012, for the 50% burn injuries in
both hands, legs and chest. Ex.P86, is the discharge summary issued by the
hospital. Ex.P87 series are the medical prescriptions and Ex.P89 is the
photograph of the petitioner. The disability of the injured claim petitioner
has been assessed at 35% and the claims tribunal has awarded,
Rs.1,05,000/- towards disability i.e. Rs.3,000/- per percentage of disability, I
am of the view that the said disability ought to have been considered as
functional disability and claims tribunal ought to have adopted multiplier
method. Therefore, whole body disability is assessed as 15%. Further,
Rs.6,000/- fixed as notional income, is also less. The claim petitioner was
stated to be doing agricultural work and earning Rs.10,000/- 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 '14' multiplier and also adding
40% of income towards future prospects, compensation under the head
'disability' for 15% functional disability, is arrived at as follows:
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CMA No.2729 of 2022
Monthly Income : Rs. 9,000/-
Add 40% Future Prospects : Rs. 3,600/-
Total : Rs.12,600/-
Rs.12,600 x 12 x 14 x 15% = Rs.3,17,520/-
8. The claims tribunal has awarded only Rs.30,000/- for pain and
suffering and also has awarded loss of income at the rate of Rs.6,000/-per
month for the period of three months only. As stated supra, the claim
petitioner has suffered 50% burn injuries in both the legs, hands and chest
and therefore, I am inclined to enhance the award under the head 'pain and
suffering' from Rs.30,000/- to Rs.50,000/-. Further, by fixing the monthly
income of the deceased at Rs.9,000/-, loss of income for a period of five
months is awarded i.e. Rs.9000/- x 5 = Rs.45,000/-, as against Rs.18,000/-
awarded by the tribunal. 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 30,000 45,000 15,000
Transport and Extra 20,000 20,000 -
Nourishment
Disability 1,05,000 3,17,520 2,12,520
(Rs.3000/-x35 i.e. (9000+(9000*40%)x1
Rs.3000/- per % ) 2x14x15%
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CMA No.2729 of 2022
Amount awarded Award now Enhanced
by the tribunal modified Amount
Rs. Rs.
35%)
Loss of income 18,000/- 45000 27000
(for 3 months @ (for 5 months @
Rs.6,000/-pm) Rs.9,000/-pm)
Loss of amenities 50,000 50,000 -
Attender Charges 4,800 4,800 -
Medical Expenses 4,21,443 4,21,443 -
Total 6,49,243 9,03,763
Rounded off 6,49,300 9,03,770
Enhanced now Rs.2,54,520/-
9. In the result, it is ordered as follows:
(i) The judgment and decree dated 11.11.2019, made in MCOP
No.4714 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.6,49,300/-
awarded by the claims tribunal is enhanced to Rs.9,03,770/-
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.9,03,770/- with
proportionate interest and costs to the credit of MCOP No.4714
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CMA No.2729 of 2022
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.
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.2729 of 2022
RMT.TEEKAA RAMAN,J.,
ars
CMA No.2729 of 2022
02.03.2023
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