Madras High Court
Eduru Jayapal vs K.Sivakumar on 2 March, 2023
CMA No.2768 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.03.2023
CORAM
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
CMA No.2768 of 2022
Eduru Jayapal .. 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.3849 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.2768 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.3849 of 2013, is the appellant
herein seeking enhancement of compensation for the burn injuries sustained
in both legs and thigh, in the above said accident.
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CMA No.2768 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.2,75,600/- 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.2768 of 2022
7. On perusal of Ex.P63, copy of the discharge summary issued by
Narayana Medical College Hospital, the injured claimant has been admitted
in the said hospital on 16.10.2012, underwent surgeries on 16.102012,
31.10.2012 and 14.11.2012 and thereafter, was discharged from the
hospital on 19.11.2012. Ex.P64 series are the medical prescriptions and
Ex.P66 is the photograph of the petitioner. The claims tribunal has fixed the
disability at 15% and awarded Rs.45,000/- i.e., Rs.3,000/- per percentage of
disability, which appears to be reasonable and the same is confirmed.
8. The claims tribunal 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 been in the hospital for two months and underwent
surgeries and therefore, by fixing the monthly income of the deceased at
Rs.8,000/-, I am inclined to enhance the award under the head 'loss of
income' for a period of five months is awarded i.e. Rs.8000/- x 5 =
Rs.40,000/-, as against Rs.18,000/- awarded by the tribunal. Further, the
award of Rs.10,500/- awarded by the tribunal under the head 'attender
charges' is enhanced to Rs.15,000/-. Compensation amount under other
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CMA No.2768 of 2022
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 30,000 -
Transport and Extra 20,000 20,000 -
Nourishment
Disability 15% x Rs.3,000/- 45,000 45,000 -
Loss of Income 18,000 40,000 22,000
(Rs.6000/- x 3 months) (Rs.8,000/- x 5 months)
Attender Charges 10,500 15,000 4,500
Loss of amenities 50,000 50,000
Medical Expenses 1,02,091 1,02,091
Total 2,75,591 3,02,091
Rounded off 2,75,600 3,02,100
Enhanced now Rs.26,500/-
9. In the result, it is ordered as follows:
(i) The judgment and decree dated 11.11.2019, made in MCOP
No.3849 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.2,75,600/-
awarded by the claims tribunal is enhanced to Rs.3,02,100/- i.e.
Rs.2,75,600/- + Rs.26,500/- and the interest awarded by the
claims tribunal remains unaltered.
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CMA No.2768 of 2022
(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.3,02,100/- with
proportionate interest and costs to the credit of MCOP No.3849
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
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RMT.TEEKAA RAMAN,J.,
ars
To
The V Judge,
Court of Small Causes,
Motor Accident Claims Tribunal, Chennai.
CMA No.2768 of 2022
02.03.2023
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