Madras High Court
S.Shankar vs K.Venkatesan on 23 November, 2023
Author: N.Seshasayee
Bench: N.Seshasayee
C.M.A.No.1602 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.11.2023
CORAM : JUSTICE N.SESHASAYEE
C.M.A.No.1602 of 2022
S.Shankar ..... Appellant / Petitioner
Vs
1.K.Venkatesan
( R1 - Exparte before the Tribunal)
2.The Manager
New India Assurance Company Limited
Having Office at Motor T.P.Claims
No.232, 6th Floor, NSC Bose Road
Chennai - 600 001. ..... Respondents / Respondents
Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 praying to allow this appeal, by enhancing the amount
awarded in M.C.O.P.No.236 of 2017 on the file of Motor Accidents Claims
Tribunal, (Special Sub Court to deal with Motor Accidents Claims Cases
(MACT No.II), Tiruvallur.
For Appellant : Mr.U.Chithambaram
1/7
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C.M.A.No.1602 of 2022
For Respondents : Mr.Vinod.K for R2
JUDGMENT
1.1 The claimant had suffered major injuries to his left leg while travelling as
a pillion rider, due to an accident that had occasioned when the rider of the
motorcycle ran on to a central median in the road. The accident had taken
place on 13.05.2017. The victim of the accident was hospitalised atleast
thrice, as could be seen from Ext.P5, Ext.P6 and Ext.P7, discharge
summaries, and the medical board has determined the percentage of disability
at 45%. The accident has literally let to disfiguration of the left leg.
1.2 Seeking compensation he approached the Tribunal, and the Tribunal had
awarded both for the permanent disability and also for his loss of earning
power in the future. For the former, it reckoned the disability at 45% and for
the latter, it reckoned it at 30%, and for arriving at loss of earning power, the
Tribunal fixed the income of the victim notionally at Rs.9,000/-. To which,
it added another 25% towards future prospects, applied 13 as a multiplier and
reduced the total sum by 30%, and determined the value at Rs.5,26,500/-. In
all, it awarded Rs.9,28,690/-. The break-up of the award is as below :
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Sl.No. Heads of Compensation Amount (Rs.)
1. For Permanent Disability 1,57,500.00
2. Loss of earning capacity 5,26,500.00
3. Medical Expenses 2,01,690.00
4. Transport Expenses 2,000.00
5. Extra Nourishment 3,000.00
6. Damage to clothing and articles 1,000.00
7. Pain and Suffering 30,000.00
8. Attender charges 2,000.00
9. Loss of happiness and amenities 5,000.00
Total : 9,28,690.00
2. Aggrieved by the perceived inadequacy of this award, the claimant is
before this Court with this appeal.
3. The learned counsel for the appellant submitted that the appellant was a
lorry driver and he has produced Ext.P11, driving licence. Due to the
injuries suffered, he could not effectively engage in his avocation. In an
accident that took place in 2017, the Tribunal has fixed the notional income
at very lowly. This apart, even on conventional heads of compensation, the
Tribunal has been parsimonious in granting compensation.
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4. Heard the learned counsel appearing for the second respondent. The
learned counsel submitted that the compensation awarded by the Tribunal is
just fair and reasonable.
5. This Court weighed the rival submissions and also perused the documents,
more particularly, Ext.P5, Ext.P6, Ext.P7, Ext.P11, Ext.P12 and Ext.C1. It is
seen from Ext.P12, photographs that the site of injury leaves terrible scars
and his left leg is massively disfigured. And given the fact that he was a
driver, this Court considers it appropriate to fix the monthly income of the
appellant at Rs.12,000/-, and added another 25% towards future prospects.
To which it applied 13 as a multiplier and reducing the total sum arrived by
30%, the compensation now determined on the head of loss of future earning
capacity (Rs.12,000 + 25% x 12 x 13 x 30%) is Rs.7,02,000/-. So far as the
compensation on the conventional heads are concerned, it enhances the
award amount only on the heads of transportation, extra nourishment, pain
and suffering, and attendant charges etc., as detailed below. And as
concerning the award on the heads of permanent disability, medical expenses,
damages to clothing and articles, the award of the Tribunal is retained. Since
the compensation awarded by the Tribunal under the head "loss of happiness
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and amenities' has been adjusted against the other conventional heads, the
same is not considered by this Court. The award amount is accordingly re-
worked as shown below:
Sl.No. Heads of Compensation Revised Award
Amount (Rs.)
1. For Permanent Disability 1,57,500.00
2. Loss of earning capacity 7,02,000.00
3. Medical Expenses 2,01,690.00
4. Transport Expenses 10,000.00
5. Extra Nourishment 15,000.00
6. Damage to clothing and articles 1,000.00
7. Pain and Suffering 50,000.00
8. Attender charges 10,000.00
Total : 11,47,190.00
6. To conclude, the appeal is partly allowed, and this Court enhances the
compensation from 9,28,690/- to Rs.11,47,190/-. The respondent/insurance
company is now required to deposit the said sum with interest at the rate of
7.5% less (a) any amount which has been already deposited; and (b) interest
payable for 135 days delay in filing the appeal, within a period of six weeks
from the date of receipt of a copy of this order. No costs.
23.11.2023
Index : Yes / No
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ds
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N.SESHASAYEE.J.,
ds
To:
1.The Special Subordinate Judge
Special Sub Court to deal with
Motor Accident Claims Tribunal No.II
Thiruvallur.
2.The Section Officer
VR Section
High Court, Madras.
23.11.2023
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