Madras High Court

Rajakumari vs Poovendarasu on 9 March, 2023

                                                                                   CMA.No.1083 of 2017

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 09.03.2023

                                                         CORAM

                                  THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN

                                                CMA.No.1083 of 2017

                   Rajakumari                                                         .. Appellant
                                                       Vs.
                   1.Poovendarasu
                   2.Divisional Manager,
                     United India Insurance Company Limited.,
                     No.46, Katpadi Salai,
                     Vellore.                                                       .. Respondents

                   Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                   Vehicles Act 1988 against the Judgment and Decree dated 14.03.2012 made
                   in M.A.C.T.O.P.No.363 of 2008 on the file of the Motor Accidents Claims
                   Tribunal/Principal Sub-Judge, Tiruvannamalai.
                                    For Appellant             : Mr.M.Malar
                                    For Respondents           : Mr.C.Paranthaman for R2
                                                               Set exparte - R1
                                                     JUDGMENT

This appeal has been filed by the claimant seeking enhancement of

compensation under the impugned award dated 14.03.2012 passed in

M.A.C.T.O.P.No.363 of 2008 by the Motor Accident Claims

Tribunal/Principal Sub-Judge, Tiruvannamalai.

https://www.mhc.tn.gov.in/judis

CMA.No.1083 of 2017

2. The case of the claimant / appellant is that on 11.03.2008 at about

07.15 p.m., while the appellant was riding his cycle from Tiruvannamalai

to Thandarampet Road near the Church, an auto bearing Regn.No.TN-25-J-

4480 belonging to the first respondent driven by its driver in a rash and

negligent manner, hit the claimant due to which, she sustained grievous

injuries on his forehead, lower lip, tooth, right hand shoulder, right leg bone

and injuries all over the body. Claiming that the driver of the auto is solely

responsible for the accident, the appellant/claimant has filed a claim

petition claiming a sum of Rs.5,00,000/-

3. The Tribunal, based on the oral and documentary evidences and

has observed that the driver of the first respondent is responsible for the

accident and fastened the liability on the Insurance Company as insurer of

the first respondent and ultimately quantified the total compensation at

Rs.53,000/- with interest at the rate of 7.5% per annum from the date of

petition till the date of deposit. Aggrieved by which, the claimant /

appellant is before this Court.

4. The learned counsel for the claimant / appellant has submitted that https://www.mhc.tn.gov.in/judis

CMA.No.1083 of 2017

the appellant that the Tribunal has not properly considered the injuries

sustained by the claimant that she lost four teeth and sustained injuries all

over the body. He further submitted that no amount has been awarded under

the head of transportation expenses. The injured has taken treatment at

Tiruvannamalai Hospital and Chennai and the same was proved through the

documents. The Tribunal ought to award some reasonable amount under the

head of medical expenses, attender charges and mental agony. It has also

failed to consider the loss of amenities and damages to cloth and articles of

the injured. The Tribunal ought to award more compensation under the

heads of extra nourishment, pain and sufferings, loss of income. He further

submitted that the claimant was a vegetable seller and was earning more

than Rs.4,000/- per month. The doctor assessed the disability of the

appellant as 15% and thereby the Tribunal has awarded a sum of

Rs.30,000/- towards disability. He further submitted that PW2/Doctor

deposed that the injured has sustained injuries on the forehead, left side of

lower lip, upper teeth, right shoulder, right leg fracture and grievous

injuries all over the body. The Tribunal has failed to fix the monthly income

of the appellant at Rs.3000/-. The award granted by the Tribunal is grossly

low, unjust and arbitrary and deserves to be enhanced and in any event, the

Tribunal erred in awarding compensation at Rs.53,000/- as against the https://www.mhc.tn.gov.in/judis

CMA.No.1083 of 2017

claim of Rs.5,00,000/-. Hence, he prays for enhancement of Award amount.

5. Before the Tribunal, the Appellant/claimant has examined two

witnesses and marked PW1 and PW2 and filed seven documents which

were marked as Ex.P1 to Ex.P7. On the side of the second

respondent/Insurance Company, neither witness was examined nor any

document marked.

6. Per contra, the learned counsel for the second respondent /

Insurance Company has submitted that the Tribunal has granted reasonable

compensation under various heads and no modification needs to be granted.

Hence, he prays to dismiss the petition.

7. This Court has considered the said submissions made by the

learned counsel for the appellant and the learned counsel for the second

respondent and perused the materials available on record.

8. Based on the evidences of P.W.1 and P.W.2 and perusing the

exhibits in Ex.P1, Ex.P3 and Ex.P5, the Tribunal has fastened the liability

on the Driver of the auto, which has to be compensated by the second

respondent herein.

https://www.mhc.tn.gov.in/judis

CMA.No.1083 of 2017

9. As far as the quantum of compensation arrived at by the Tribunal

is concerned, to prove the avocation and income of the appellant P.W.1 has

been examined, who deposed that she was a vegetable vendor and was

earning more than Rs.4000/- per month. The disability of the claimant was

rightly assessed as 15% based on cross-examination of PW2/Doctor and

Ex.P7and hence the same is confirmed as such. Insofar as the assessment

of disability compensation at Rs.2000/- per percentage is concerned, the

same is also a correct assessment.

10. With regard to quantum, the Tribunal has awarded only a sum of

Rs.3000/- towards loss of income, taking only one month income of the

deceased at Rs.3000/- per month. Considering the socio-economic

conditions prevailing in the year 2008, the Tribunal has fixed the income of

the appellant as Rs.3000/- per month. This Court is of the considered view

that due to the injuries sustained by the appellant and period of treatment

given in the hospital, she has lost his earning capacity for nearly three

months. Further, her monthly income would be Rs.5000/- and thus awarded

Rs.15,000/- towards 'loss of income'. Accordingly, the amount awarded

towards loss of income stands modified from Rs.3000/- to Rs.15000/. https://www.mhc.tn.gov.in/judis

CMA.No.1083 of 2017

Further, on perusal of records, it is seen that the Tribunal has not granted

compensation under the head of loss of amenities, attender charges and

Transport Expenses. Accordingly, a sum of Rs.10,000/-; Rs.5000; and

Rs.5,000/- are awarded as compensation to the appellant towards loss of

amenities, attender charges and transport expenses respectively.

11. Insofar as the other heads such as pain and sufferings and

disability and Extra Nourishment are concerned, the assessment of the

compensation awarded by the Tribunal is a just compensation and they do

not call for any interference by this Court.

12. In fine, the re-structured compensation, item-wise, would be thus:

                                    Heads           Amount         Award Amount
                                                   awarded by       by this Court
                                                  the Tribunal          (Rs.)
                                                      (Rs.)
                              Disability                30,000/-             30,000/-

                              Extra Nourishment          5000/-                5000/-

                              Loss of income             3000                15,000/-

https://www.mhc.tn.gov.in/judis

                                                                                     CMA.No.1083 of 2017


                                      Heads          Amount         Award Amount
                                                    awarded by       by this Court
                                                   the Tribunal          (Rs.)
                                                       (Rs.)
                              Pain & Sufferings         15000/-                   15000/-
                              Attender Charges           ----                      5000/-
                              Loss of amenities          ----                 10,000/-
                              Transport                  ----                      5000/-
                              Expenses
                              Total                 53,000/-                  85,000/-




                             13. In the result,

a) this Civil Miscellaneous Appeal filed by the claimant / appellant is

partly allowed, by enhancing the total amount of compensation from

Rs.53,000/- to Rs.85,000/- along with interest at the rate of 7.5% p.a. from

the date of filing of the petition till the date of deposit.

(b) The second respondent/Insurance Company is directed to deposit

the Award amount together with interest from the date of claim till the date

of deposit and costs as assessed by the Tribunal, to the credit of

M.A.C.T.O.P.No.363 of 2008 within a period of six weeks from the

date of receipt of a copy of this Judgment. Needless to state that the

https://www.mhc.tn.gov.in/judis

CMA.No.1083 of 2017

appellant shall pay necessary court fees for the enhanced compensation