Muthuramalingam vs Antony Anburaj
2023 Latest Caselaw 14970 Mad

Citation : 2023 Latest Caselaw 14970 Mad
Judgement Date : 27 November, 2023

Madras High Court

Muthuramalingam vs Antony Anburaj on 27 November, 2023

Author: N.Seshasayee

Bench: N.Seshasayee

                                                                                 C.M.A No.2556 of 2023


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 27.11.2023

                                                        CORAM

                                           MR.JUSTICE N.SESHASAYEE

                                                  C.M.A. No.2556 of 2023


                Muthuramalingam                                              ... Appellant

                                                           Vs.

                1.Antony Anburaj

                2.ICICI Lombard General Insurance Company Limited
                  1st Floor, Arihant Plaza
                  No.84/85, Wall tax Road
                  Chennai - 3                                     ... Respondents



                Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor
                Vehicles Act, 1988, against the judgment and decree dated 22.10.2019 made in
                M.C.O.P. No.3240 of 2011 on the file of Motor Accidents Claims Tribunal, (IV
                Small Causes Court), Chennai.


                                  For Appellant        : Mr.K.Varadhakamaraj

                                  For Respondents      : Mr.J.Michael Visuvasam for R2
                                                         R1 - Dispensed With




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                                                                                C.M.A No.2556 of 2023


                                               JUDGMENT

The victim of a road accident is now before this court seeking enhancement of

compensation awarded by the Motor Accident Claims Tribunal (IV Small

Causes Court), Chennai in M.C.O.P. No.3240 of 2011. It is the case of injury

where the victim of the accident has lost one of his eyes.

2. The appellant was a driver. On 25.02.2011 at 5.00 a.m, he was standing in

front of his lorry with trailer bearing Registration No.TN-04 AE-9700. When

the driver of another lorry bearing Registration No.TN-09 AH-1832 moved his

lorry in the reverse direction without noticing the claimant there, as a

consequence, the appellant was pushed and crushed against the other stationary

lorry. In the accident, the appellant suffered right clavicle fracture, fracture to

right scapula and also lost his left eye. He was hospitalised from 25.02.2011 to

16.03.2011. Seeking compensation for the injuries he had sustained, he has

approached the Tribunal and the Tribunal awarded a sum of Rs.1,32,000/- for

the disability and almost twice the amount towards the medical expenses and

adding other pecuniary and non pecuniary heads of compensation, had awarded

Rs.5,47,600/- with interest. The break-up is as below:

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

1. Disability : Rs.1,32,000/-

2. Medical Expenses : Rs.2,65,591/-

3. Loss of Income : Rs. 48,000/-

4.Pain and suffering : Rs. 30,000/-

5. Transportation to Hospital : Rs. 20,000/-

6. Additional Nourishment : Rs. 20,000/-

7. Damages to clothes : Rs. 1,000/-

8. Attender charges : Rs. 6,000/-

9. Loss of amenities : Rs. 25,000/-

----------------

Rs.5,47,591/-

----------------

Rounded off to Rs.5,47,600/-

Justly aggrieved by the inadequacy of the compensation, the victim is now

before this court.

3. The learned counsel for the appellant/claimant submitted that the claimant

was a driver and in view of the fact that he had lost of his eyes, he could not

pursue his avocation as a driver anymore. He submitted that the Tribunal has

been unrealistically parsimonious in granting award of a meager sum of

Rs.1,32,000/- when the claimant had lost his left eye. He submitted that the

disability of the claimant must be treated as a functional disability. He would

further submitted that, as per Ext.C1, the Medical Board has certified that the https://www.mhc.tn.gov.in/judis

appellant suffers from 44% of permanent disability but the fact remains that he

could not any longer pursue his avocation as a driver.

4. Per contra, the learned counsel for the second respondent/insurance company

argued that, as per Schedule I Part 2 of the Employees Compensation Act,

1923, any of the victim who loses one of his eyes, it should be counted as only

40% loss of earning capacity. This apart, yet loss of a vision does not ipso facto

that he should be necessarily ceased to be working as a driver, since the Motor

Vehicles Act enables a person with monocular vision (one eye vision) entitles to

have a driving licence.

5. In response, the learned counsel for the appellant submitted that the

respondent counsel conveniently discounted the other injuries suffered by the

victim. Vision is one of the injury, but injury to right clavicle and scapula

implies that he is no more fit to drive heavy vehicles.

6. After weighing the rival submissions closely, this court finds that the nature

of injury suffered by the victim necessarily has to be construed as a functional

disability and it fixed at 40%. The victim was 45 years old at the time of

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accident. The Tribunal has fixed Rs.8,000/- as monthly income notionally and

this court chooses to retain it. At Rs.8,000/- as monthly income with an

additional of 25% towards future prospects of the victim for his career a higher

income would be Rs.10,000/-, applying 14 as the multiplier and reducing the

same arrived by 40%, the loss of earning capacity is determined at

Rs.6,72,000/-. This apart, this court also considers it appropriate to suitably

enhance certain other non pecuniary heads of the compensation. The details are

in the tabulation below:

                        Sl. No.           Heads of compensation              Amount
                            1.    Loss of earning capacity           Rs.6,72,000/-
                                  (10,000 x 12 x 14 x 40/100)
                            2.    Medical Expenses                   Rs.2,65,591/-
                            3.    Loss of Income                     Rs. 48,000/-
                            4.    Pain and suffering                 Rs. 50,000/-
                            5.    Transportation                     Rs. 20,000/-
                            6.    Nourishment                        Rs. 20,000/-
                            7.    Damage to clothing                 Rs.   1,000/-
                            8.    Attender charges                   Rs. 10,000/-
                            9.    Loss of amenities                  Rs. 50,000/-
                                  Total                              Rs.11,36,591/-
                                  Rounded off to Rs.11,36,600/-

7. Accordingly, the civil miscellaneous appeal is allowed. The judgment and

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

decree of the Motor Accident Claims Tribunal (IV Small Causes Court, Chennai

dated 22.10.2019 made in M.C.O.P. No.3240 of 2011 awarding compensation

of Rs.5,47,600/- is set aside. The enhanced compensation is Rs.11,36,600/-.

The second respondent/insurance company is now required to deposit the said

sum with interest @ 7.5% per annum less interest for 664 days (delay in filing

the appeal) less any amount already deposited by the insurance company,

within a period of six weeks from the date of receipt of a copy of this judgment.

The appellant/claimant is now required to pay additional court fee on the

enhanced value of compensation. No costs.

27.11.2023