P.Arunachalam vs R.Muthupandiammal
2023 Latest Caselaw 3592 Mad

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 31.03.2023

                                                     CORAM:

                             THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                           C.M.A(MD)No.1044 of 2022


                     P.Arunachalam                             :Appellant/Claimant


                                              .vs.


                     1.R.Muthupandiammal

                     2.M/s.United India Insurance Co., Ltd.,
                       Rep. through the Divisional manager,
                       No.1, Divisional Office,
                       7-A, West Veli Street,
                       Madurai District.                  :Respondents/Respondents


                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, against the judgment and decree passed in
                     M.C.O.P.No.553/2015, dated 19.03.2019, on the file of the Motor
                     Accident Claims Tribunal-cum-Special Subordinate Judge (MCOP
                     Cases), Madurai.
                                  For Appellant        :Mr.R.Rajamani
                                  For R1               :Mr.Arjun
                                                         for Mr.N.Vallinayagam
                                  For R2                :Mr.I.Robert Chandrakumar


                     1/8
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                                               JUDGMENT
                                               ***********

This Civil Miscellaneous Appeal has been filed by the

appellant-claimant against the award, dated 19.03.2019, made in

M.C.O.P.No.553 of 2015, passed by the Motor Accident Claims

Tribunal-cum-Special Subordinate Judge (MCOP Cases), Madurai.

2.The appellant/claimant filed a claim petition in

M.C.O.P.No.553 of 2015, before the Motor Accident Claims Tribunal-

cum-Special Subordinate Judge (MCOP Cases), Madurai, claiming a sum

of Rs.1 crore and 10 lakhs as compensation for the injuries sustained by

him in the accident that had occurred on 16.11.2013. The appellant was

aged about 56 years. On 16.11.2013 at about 11.50 hours the appellant

while riding the two-wheeler bearing Registration No.TN-59-AU-3458,

the car belonging to the first respondent bearing Registration No.TN-59-

AP-3699 dashed against the two-wheeler. In the impact, the appellant

sustained head injury.

3. Before the Tribunal, on the side of the claimant, P.Ws.1 to

4 were examined and Exs.P1 to P26 were marked. On the side of the

https://www.mhc.tn.gov.in/judis respondents Ex.R1 was marked. C.W.1 was examined and Ex.C1 & C 2

were marked.

4.The Tribunal, considering the pleadings, oral and

documentary evidence, the injury sustained by the appellant has awarded

a total sum of Rs.28,72,000/- as compensation.

5.Not being satisfied with the quantum of compensation, the

appellant has filed the present Civil Miscellaneous Appeal.

6. The tribunal has taken note of the nature of the injuries,

adopted multiplier method and awarded compensation as follows:

S. Description Amount awarded by Tribunal No (Rs)

1. For loss of income 5,94,000

2. For pain and suffering 80,000

3. For Nutritious 20,000

4. For attendant charges 70,000 during treatment period

5. For Cloths 2,000

6. For Transportation 3,000

7. For medical expenses 21,03,000

8. Total 28,72,000

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7. The only contention of the learned counsel appearing for

the appellant is that the Tribunal has not awarded any amount for future

medical expenses. Besides, transport charges also not properly awarded

by the Tribunal.

8. The learned counsel appearing for the respondens would

submit that the Tribunal has calculated the multiplier method and

awarded the compensation, hence, it does not require any interference.

9. Heard the learned counsel appearing for the appellant and

the learned counsel appearing for the respondents and perused the

materials placed before this Court.

10. The nature of the injury sustained by the appellant is not

in dispute. In fact, the appellant sustained head injury and he had taken

the treatment in the hospital for several days. Ex.P.8 to Ex.P16, Ex.P21

and Ex.P27 clearly proves that from 6.11.2013 to 12.04.2014 the

appellant has taken treatment as Inpatient. The tribunal disbelieving the

Ex.C1, however, has fixed the disability as 25% and also fixed 50%

disability towards future earning capacity and applied the multiplier

method.

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11. Though before the tribunal, the claimant argued that

100% disability has to be taken, the tribunal after considering the

evidence, has restricted the disability to 50%. In fact, it was reasonable,

in the appeal also the learned counsel for the appellant has not seriously

canvassed this point. The disability fixed by the Tribunal does not

require any interference. Further, the Tribunal has applied the multiplier

of 9 and fixed the notional income at Rs.1,20,000/- and also as per the

judgment of the Pranay Sethi, the tribunal has awarded 10% for furture

earning capacity and fixed the notional income at Rs.1,32,000/-.

12. This Court is of the view that for the nature of injuries

amount awarded by the tribunal is well reasonable and does not require

any interference. However, the tribunal has awarded only Rs.20,000/- for

extra nourishment and it is very low and hence, this amount is enhanced

to Rs.40,000/-. The transport charges also awarded by the tribunal Rs.

3,000/- which is enhanced to Rs.20,000/-. This court awarded a sum of

Rs.91,000/- towards future medical expenses. In all other heads, the

award of the tribunal is confirmed.

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13. In the result,

(i) This Civil Miscellaneous Appeal is allowed, enhancing the

award of the Tribunal from Rs.28,72,000/- (Rupees Twentyeight lakhs

seventytwo thousand only) to a sum of Rs.30,00,000/- (Rupees Thirty

lakhs only) along with interest at the rate of 7.5% per annum from the

date of petition till date of deposit and proportionate costs.

(ii) The second respondent is directed to deposit the award amount,

less the amount already deposited, if any, along with accrued interest and

costs to the credit of M.C.O.P.No.553 of 2015, on the file of the Motor

Accident Claims Tribunal-cum-Special Subordinate Judge (MCOP

Cases), Madurai, within a period of eight weeks from the date of receipt

of copy of this judgment;

(iii) The appellant-claimant is directed to pay the additional Court

Fees, if any, within a period of two weeks from the date of receipt of a

copy of this judgment;

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(iv) On such deposit being made, the appellant/claimant is

permitted to withdraw the award amount by making necessary

application before the Tribunal. No costs.

31.03.2023

Index:Yes/No Internet:Yes/No NCC:Yes/No am

To

1.The Motor Accident Claims Tribunal-cum- Special Subordinate Judge (MCOP Cases), Madurai.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis N.SATHISH KUMAR.,J.

am

JUDGMENT MADE IN C.M.A(MD)No.1044 of 2022

31.03.2023

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