Madras High Court
Nandaiah vs K.Sivakumar on 2 March, 2023
CMA No.2731 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.03.2023
CORAM
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
CMA No.2731 of 2022
Nandaiah .. 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.3881 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.2731 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.3881 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.2731 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.1,58,000/- 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 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.2731 of 2022
7. On perusal of Ex.P80, copy of the wound certificate issued by
Andhra Pradesh Vaidya Vidhana Parishad, the claim petitioner had
sustained burn injuries over both legs and thigh. The claims tribunal has
fixed the disability at 25% and awarded Rs.75,000/- 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 only Rs.20,000/- 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 burn injuries in both the legs and thigh and therefore,
I am inclined to enhance the award under the head 'pain and suffering' from
Rs.20,000/- to Rs.25,000/-. Further, by fixing the monthly income of the
deceased at Rs.8,000/-, loss of income for a period of four months is
awarded i.e. Rs.8000/- x 4 = Rs.32,000/-, as against Rs.18,000/- awarded by
the tribunal. Further, there is no award under the head, 'attender charges'
and a sum of Rs.5,000/- is awarded. Compensation amount under other
heads and the interest awarded by the tribunal, appears to be just and
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CMA No.2731 of 2022
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 20,000 25,000 5,000
Transport and Extra 10,000 10,000 -
Nourishment
Disability 25% x Rs.3,000/- 75,000 75,000 -
Loss of Income 18,000 32,000 14,000
(Rs.6000/- x 3 months) (Rs.8,000/- x 4 months)
Attender Charges - 5,000 5,000
Loss of amenities 30,000 30,000
Medical Expenses 5,000 5,000
Total 1,58,000 1,82,000
Enhanced now Rs.24,000/-
9. In the result, it is ordered as follows:
(i) The judgment and decree dated 11.11.2019, made in MCOP
No.3881 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.1,58,000/-
awarded by the claims tribunal is enhanced to Rs.1,82,000/- i.e.
Rs.1,58,000/- + Rs.24,000/- 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.
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CMA No.2731 of 2022
(iii)The 2nd respondent-Insurance company is directed to deposit
the enhanced compensation amount of Rs.1,82,000/- with
proportionate interest and costs to the credit of MCOP No.3881
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.2731 of 2022
RMT.TEEKAA RAMAN,J.,
ars
CMA No.2731 of 2022
02.03.2023
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