Madras High Court
J.Chitra vs M/S.Ntl Call Taxi Pvt. Ltd on 11 September, 2023
C.M.A.No.1818 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 11.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
CMA.No1818 of 2023
1.J.Chitra ... Appellant
Vs.
1.M/s.NTL Call Taxi PVt. LTd.,
No.3, Pudupet Street,
Alandur, Chennai - 600 006.
2.United India Insurance Co. Ltd.,
Silingi Building, 4th Floor,
No.134, Greams Road,
Chennai - 600 006. ... Respondents
PRAYER: The Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, 1988, against the judgment and decree dated
09.06.2022 made in MACT.OP.No.2788 of 2018, on the file of Motor
Accident Claims Tribunal in the IV Court of Small Causes, Chennai.
1/9
https://www.mhc.tn.gov.in/judis
C.M.A.No.1818 of 2023
For Petitioner : Mr.S.Prabhu
For Respondents : Mr.T.K.Premkumar for R2
No appearance for R1
JUDGMENT
The claimant has filed this instant appeal seeking enhancement of the
compensation.
2. The appellant filed the claim petition stating that on
23.05.2017 at about 16.20 hours, while the appellant was travelling as a
passenger in the car bearing Registration No.TN-22-DD-3208, the driver of
the car drove the same in a rash and negligent manner and hit against
another on-going car bearing Registration No.TN-30-AM-2050, as a result
of which, the appellant sustained grevious injuries; and that since the first
respondent is the owner of the offending vehicle and the second respondent
is the insurer of the said vehicle, they both are together liable to pay the
compensation to the appellant.
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C.M.A.No.1818 of 2023
3. The first respondent, the owner of the offending vehicle,
remained ex-parte before the Tribunal.
4. The second respondent resisted the claim stating that the
compensation claimed is excessive and that the appellant had filed another
claim petition before in O.P.No.5142 of 2017 on the file of VI- Additional
Small Causes Court, Chennai and hence, the claim petition is liable to be
dismissed.
5. The appellant examined herself as P.W.1 and marked 15
documents as Exs.P1 to P15. On the side of the second respondent neither
oral nor documentary evidence was adduced. The Disability Certificate
issued by the Medical Board is marked as Ex.C-1.
6. The Tribunal after considering the oral and documentary
evidence, awarded compensation of sum of Rs.1,50,013/- to the appellant.
Aggrieved over the said award, the appellant has preferred the instant
appeal.
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C.M.A.No.1818 of 2023
7. The learned counsel for the appellant submitted that the
Tribunal on the basis of the Disability Certificate issued by the Medical
Board ought to have awarded compensation by adopting multiplier method.
The learned counsel further submitted that the compensation awarded by
the Tribunal under the other heads also requires enhancement and prayed
for allowing the appeal.
8. Learned counsel for the appellant submitted that the first
respondent remained ex-parte before the Tribunal and therefore, requested
this Court to dispense with the notice to the first respondent and had also
made an endorsement to that effect in the Court bundle. Hence, notice to the
first respondent is dispensed with.
9. Per contra, the learned counsel for the second respondent
submitted that the award of the Tribunal is just and reasonable and
therefore, no interference is called for and prayed for dismissal of the
appeal.
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C.M.A.No.1818 of 2023
10. Heard the learned counsel appearing for the
appellant/Insurance Company as well as the learned counsel appearing for
the second respondent and perused all the materials available on record
before this Court.
11. On perusal of the records, this Court finds that the Medical
Board assessed 12% permanent disability. The appellant was examined as
P.W.1. She had deposed in her cross-examination as follows:
“tpgj;J ele;J Rkhh; 1 1-2 tUlj;jpw;Fg; gpd;g[jhd; ehd;
ntiyia tpl;L epd;Wtpl;nld; vd;why; rhpjhd;/”
Thus, from the above admitted facts, it is evident that the appellant has not
suffered any functional disability. Considering the nature of the injuries;
avocation and the above evidence, the Tribunal rightly awarded the
compensation by adopting percentage method, hence, the said finding of the
Tribunal cannot be faulted.
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C.M.A.No.1818 of 2023
12. It is seen from the records that the Tribunal had not awarded
any compensation under the head “Future medical expenses”, although the
appellant was required to undergo a second surgery for removal of plates.
Considering the said fact, this Court is of the view that it would be just and
reasonable to award Rs.25,000/- under the head “Future medical expenses”.
The compensation awarded under the head “Pain and suffering” is
enhanced to Rs.25,000/-, in view of the injuries suffered by the appellant.
The award of compensation under the other heads are just and reasonable
and hence, the same are confirmed.
13. Thus the award of compensation awarded by the Tribunal is
modified as follows:-
S.N Description Amount Amount Award
o awarded by awarded by this confirmed or
Tribunal Court enhanced or
(Rs) (Rs) granted or
reduced
1. Disability 60,000 60,000 Confirmed
2. Medical 26,513 26,513 Confirmed
expenses
3. Loss of income --- --- ---
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C.M.A.No.1818 of 2023
4. Pain and 15,000 25,000 Enhanced
suffering
5. Transportation 5,000 5,000 Confirmed
expenses
6. Nutrition 15,000 15,000 Confirmed
Expenses
7. Damages to 2,000 2,000 Confirmed
clothes
8. Attender charges 1,500 1,500 Confirmed
9. Loss of 15,000 15,000 Confirmed
Amenities
10. Mental agony 10,000 10,000 Confirmed
11. Future medical --- 25,000 Granted
expenses
TOTAL Rs.1,50,013/- Rs.1,85,013/- Enhanced by
Rs.35,000
14. In the result, this Civil Miscellaneous Appeal is partly allowed
and the compensation awarded by the Tribunal at Rs.1,50,013/- is hereby
enhanced to Rs.1,85,013/- together with interest at the rate of 7.5% per
annum (excluding the default period, if any) from the date of petition till the
date of deposit. The appellant is directed to pay necessary Court fee, if any,
on the enhanced compensation. The second respondent/Insurance Company
is directed to deposit the modified award amount now determined by this
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C.M.A.No.1818 of 2023
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. On such deposit, the appellant is permitted to withdraw the
award amount along with interest and costs, after adjusting the amount if
any, already withdrawn. No costs.
11.09.2023
Index: Yes/No
Internet: Yes/No
Speaking order: Yes/ No
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To
1.The Additional District Judge-II,
Motor Accident Claims Tribunal,
Tiruvallur, Poonamallee.
2.The Section Officer,
VR Section,
High Court of Madras, Chennai – 600 104.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1818 of 2023
SUNDER MOHAN,J.
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C.M.A.No.1818 of 2023
11.09.2023
https://www.mhc.tn.gov.in/judis
