Madras High Court
G. S. Radhakrishnan vs G. R. Aravind on 27 November, 2023
C.M.A.No.1894 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
C.M.A.No.1894 of 2021
G. S. Radhakrishnan ... Appellant / petitioner
Vs.
1. G. R. Aravind
[R1 remained ex-parte before Tribunal.
Hence notice to R1 dispensed with]
2. The National Insurance Company Limited,
Dharmapuri Branch,
Office at No.88F, Bye Pass Road,
Dharmapuri District – 636 701. ... Respondents/Respondents
Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, against the Award and Decree dated 23.10.2019,
made in M.C.O.P.No.412 of 2018, on the file of the Motor Accidents Claims
Tribunal, Special District Judge, Dharmapuri.
For Appellant : Mr. V. Sakkarapani
For Respondents : No appearance
1/9
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C.M.A.No.1894 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the claimant
for enhancement of compensation awarded in M.C.O.P.No.412 of 2018,
dated 23.10.2019, on the file of the Motor Accidents Claim Tribunal,
Special District Judge, Dharmapuri.
2. The parties are referred to hereunder according to their
litigative status and ranking before the Tribunal.
3. The case of the claimant is that on 03.03.2018 at about
7.00 a.m., he was travelling as a passenger in car bearing Registration
No.TN 29 AD 2077 belongs to the first respondent driven by one
Arumugam from Dharmapuri to Chennai. Due to rash and negligent driving
of the driver of the car it met with an accident and resulted in causing severe
injuries to him. For the injuries sustained by him, he has come forward with
the claim petition claiming compensation of Rs.50,00,000/- by invoking
Section 166 of the Motor Vehicles Act.
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4. The second respondent - Insurance Company has contested
the claim and disputed the manner in which, the accident had taken place
and the alleged negligent act against the driver of the car.
5. After analyzing the evidences, the Tribunal has held that the
driver Arumugam has negligently drove the car and resulted in causing
accident and subsequently, the Tribunal quantified the compensation and
awarded a sum of Rs.18,85,000/- as compensation along with interest at the
rate of 7.5% per annum from the date of claim petition till the date of
realization.
6. Aggrieved over the quantum of compensation awarded, this
appeal has been filed by the claimant herein for seeking enhancement of
compensation.
7. Ms. M. Malar, learned counsel for the appellant has
submitted that the only grievance raised by the claimant is that the Tribunal
has failed to award future medical expenses since the claimant, who was
aged about 77 years has sustained several multiple injuries and he has been
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fixed with various implants all over his body. Those implants have to be
removed and he requires further treatment and hence he has come forward
with this appeal seeking compensation under the Head of future medical
expenses.
8. On perusal of the award, it shows that the Tribunal has
constrained to award compensation under various heads including loss of
amenities. The claimant herein has sustained injuries as follows: “Head
injury, Right frontal sinus fracture, Right temporal bone fracture, Bifrontal
pneumocephalus, Right hip cnetral dislocation, Right posterior wall
acetabulam fracture, left distal radius fracture, Right elbow dislocation,
Right radial head fracture, Right 2nd metacarpal shaft fracture and left 3rd
and 4th metacarpal shaft fracture”. Since the claimant has sustained various
multiple injuries all over his body, the Tribunal has treated the injuries as
functional disability and subsequently, awarded compensation under the
head of loss of future earning capacity. While awarding so, the Tribunal has
also awarded pain and sufferings and other relevant heads. However, the
Tribunal has not awarded any amount towards future medical expenses.
Especially, when there is ample evidence available before the Tribunal that
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he has been fixed with implants in his legs and hands. The nature of surgery
undertaken by him is stated as follows: “On 07.03.2018, he underwent
surgery for the right acetabulam posterior wall fracture and implants were
fixed. Left distal radius fracture was treated with 'K' wire fixation. Left 2nd,
4th and 5th metacarpal fractures were also treated with fixation of implants”.
10. I have considered the rival submissions made on both sides
and also perused the entire records.
11. The Discharge Summary issued by the various hospitals
shows that the claimant requires further treatment and as stated by the
learned counsel for the claimant that future medical expenses has to be borne
by the claimant. By considering the same, this Court is of the view that
awarding compensation under the head future medical expenses to the extent
of Rs.50,000/- would be appropriate. He also requires assistance of Attender
in future, since he is aged about 77 years and he has again sustained injuries.
Accordingly, this Court is of the view that attender charges already awarded
has to be enhanced to Rs.50,000/-. As far as the compensation awarded by
the Tribunal under various other heads are concerned, the same are just and
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reasonable and the same are hereby confirmed.
12. Thus, the compensation awarded by the Tribunal under
various heads are hereby modified as follows:
S. Description Amount Amount Enhanced/
No awarded by awarded by this Reduced /
Tribunal Court (Rs) Granted /
(Rs) Confirmed
1. Compensation for Rs.5,11,000/- Rs.5,11,000/- Confirmed
Disability
2. Pain and sufferings Rs.75,000/- Rs.75,000/- Confirmed
3. Extra Nourishment Rs.30,000/- Rs.30,000/- Confirmed
Expenses
4. Attender Charges Rs.20,000/- Rs.50,000/- Enhanced
5. Loss of amenities Rs.1,00,000/- Rs.1,00,000/- Confirmed
6. Medical Exenses Rs.11,39,000/- Rs.11,39,000/- Confirmed
7. Transport Expenses Rs.10,000/- Rs.10,000/- Confirmed
8 Future Medical Expenses --- Rs.50,000/- Granted
Total Rs.18,85,000/- Rs.19,65,000/- Enhanced by
Rs.80,000/-
13. In the result, this Civil Miscellaneous Appeal is partly
allowed and the compensation awarded by the Tribunal is at Rs.18,85,000/-
is hereby enhanced to Rs.19,65,000/- [Rupees Nineteen Lakhs and Sixty
Five Thousand only] together with interest at the rate of 7.5% per annum
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from the date of filing of Claim Petition till the date of deposit. The second
respondent/ Insurance Company is directed to deposit the award amount,
now determined by this Court, along with interest and costs, less the amount
already deposited, if any, within a period of six weeks from the date of
receipt of a copy of this judgment to the credit of M.C.O.P.No.412 of 2018,
on the file of the Motor Accidents Claims Tribunal, Special District Court,
Dharmapuri. On such deposit, the claimant is permitted to withdraw the
award amount, now determined by this Court, along with proportionate
interest and costs, less the amount, if any, already withdrawn. The Tribunal
shall disburse the amount by directly giving credit to the Savings Bank
Account of the claimant. Since this Court has enhanced the compensation,
the appellant/claimant is directed to pay necessary Court fee, if any, on the
enhanced compensation. In other aspects, the award of the Tribunal shall
stand confirmed. There shall be no order as to costs in the present appeal.
27.11.2023
ssi
Index : Yes / No
Speaking Order: Yes / No
Neutral Citation Case : Yes/No
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To
1.The Secial District Judge,
Motor Accidents Claims Tribunal,
Dharmapuri.
2.The Section Officer,
VR Section,
High Court,
Madras.
K.RAJASEKAR,J.,
ssi
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27.11.2023
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