Madras High Court
R.Hari @ Elangovan vs R.Indirakumar on 11 September, 2023
C.M.A.No.1953 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2023
CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
C.M.A.No.1953 of 2023
R.Hari @ Elangovan ... Appellant
Versus
1.R.Indirakumar
2.The New India Assurance Company Ltd.,
No.45, Moore Street,
Chennai-1.
(R1 remained ex-parte before the Tribunal) ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, seeking to set aside the judgment and decree dated
17.04.2009 passed in M.C.O.P. No.901 of 2005 on the file of the Motor
Accidents Claims Tribunal, VI Judge, Court of Small Causes, Chennai.
For Appellant : Mr.G.Balaji Prasad
For R2 : Ms.S.Dakshnamoorthy
JUDGMENT
This appeal has been filed by the appellant/claimant challenging
the compensation awarded by the Tribunal in M.C.O.P.No.901 of 2005,
dated 17.04.2009.
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C.M.A.No.1953 of 2023
2.The appellant/claimant has filed the instant appeal seeking
enhancement of compensation.
3.The appellant filed the claim petition stating that on 17.01.2005
at about 21.30 hours, while he was travelling as passenger in the auto
rikshaw along with his brother, the driver of the auto rickshaw drove the
same in rash and negligent manner, dashed against the centre median;
that as a result of which, the appellant sustained grievous injuries and
thus, he was entitled for compensation.
4.The 1st respondent-owner of the auto rikshaw remained ex-parte
before the Tribunal.
5.The 2rd respondent/Insurance Company resisted the claim
petition and stated that the appellant had taken eight days to lodge the
complaint against the driver of the auto rickshaw; that the driver of the
auto rickshaw was not guilty of rash and negligent driving; and that in
any case, the compensation claimed was excessive and prayed for
dismissal of the claim petition.
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C.M.A.No.1953 of 2023
6.Before the Tribunal, the appellant examined himself as P.W.1
and Doctor as P.W.2 and marked Exs.P1 to P9. The respondent did not
examined any witness or marked any document.
7.The Tribunal after considering the oral and documentary
evidence on record, awarded a sum of Rs.81,450/- as compensation to the
appellant.
8.The learned counsel for the appellant submitted that although the
Tribunal had accepted the disability certificate issued by the Doctor, had
awarded only a sum of Rs.1,000/- per percentage of disability instead of
Rs.2,000/-. The amount awarded by the Tribunal under other heads is
also meagre and prayed for enhancement of compensation.
9.The learned counsel for the appellants submitted that the 1st
respondent remained ex-parte before the Tribunal and therefore, he
requested this Court to dispense with notice to the 1st respondent and he
had also made an endorsement to that effect. Hence, notice to the 1st
respondent is dispensed with.
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C.M.A.No.1953 of 2023
10.The learned counsel for the 2nd respondent per contra submitted
the award of compensation is just and reasonable and prayed for
dismissal of the appeal. The learned counsel further submitted that in
event of this Court enhancing the compensation, the 2nd respondent
should not be saddled with payment of interest for the delay period as the
appeal was filed in the year 2010 and the appellant has not taken any
steps to bring up the appeal for hearing.
11.The only question involved in the instant appeal is whether the
compensation awarded by the Tribunal is just and reasonable?
12.On perusal of the records, it is seen that the Tribunal had
accepted the disability certificate issued by the Doctor assessing the
disability at 45%. Since the accident is of the year 2005, this Court is of
the view that the Tribunal ought to have awarded a sum of Rs.2,000/- per
percentage of disability and hence, the compensation under the head
permanent disability has to be enhanced to Rs.90,000/- for 45% of
disability. The compensation awarded by the Tribunal under the head
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C.M.A.No.1953 of 2023
transport to hospital and extra nourishment can be enhanced to
Rs.5,000/- each. Considering the nature of the injuries, the compensation
under the head pain and sufferings can be enhanced to Rs.20,000/-. Since
the appellant was in the hospital for nearly 55 days, he is entitled to
attender charges of Rs.10,000/-. Thus, the compensation awarded by the
Tribunal is modified as follows:
S. Description Amount Amount Award
No awarded by awarded by confirmed or
Tribunal this Court enhanced or
(Rs) (Rs) granted
1. Loss of Earning 15,000 15,000 Confirmed
2. Transport to 8,000 10,000 Enhanced
hospital an Extra
Nourishment
3. Medical Expenses 2450 2450 Confirmed
4. Mental Agony 1000 1000 Confirmed
5. Pain and 10,000 20,000 Enhanced
Sufferings
6. Permanent 45,000 90,000 Enhanced
Disability
7. Attender Charges - 10,000 Granted
Total 81,450 1,48,450 Enhanced by
Rs.67,000/-
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C.M.A.No.1953 of 2023
13.As regards interest part, it is seen that the appellant addressed a
letter to the Registry to list the above appeal. It is also seen that the
Registry had misplaced the paper and hence, it cannot be said that the
appellant was at fault for the delay in numbering the appeal. Hence the
appellant would be entitled for the interest for the enhanced
compensation amount determined by this Court. However, the appellant
would be entitled to interest at 7.5% per annum and not 9.5% per annum
as fixed by the Tribunal.
14.With the above modifications, this Civil Miscellaneous Appeal
is partly allowed and the compensation awarded by the Tribunal at
Rs.81,450/- is hereby enhanced to Rs.1,48,450/-, together with interest at
7.5% per annum (excluding the default period, if any) from the date of
petition till the date of deposit. The 2nd 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 (6) weeks from the date of receipt of a copy of this
Judgment. On such deposit, the appellant is permitted to withdraw the
entire award amount now determined by this Court, along with interest
and costs, less the amount already withdrawn, if any. However, the
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C.M.A.No.1953 of 2023
appellant is not entitled to interest for a period of 198 days, as per the
order of this Court dated 10.08.2023 in M.P.No.1 of 2010. The appellant
is directed to pay the necessary Court fee, if any on the enhanced award
amount. No costs.
11.09.2023
rst/dpa
Index: Yes/No
Speaking Order / Non-Speaking Order
Neutral Citation: Yes / No
To:
1.The Motor Vehicle Accident Tribunal,
VI Judge, Court of Small Causes, ,
Chennai.
2.The Section Officer,
VR Section,
High Court, Madras.
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C.M.A.No.1953 of 2023
SUNDER MOHAN, J.
rst/dpa
C.M.A.No.1953 of 2023
11.09.2023
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