Madras High Court
R.Nallamuthu … vs S.Irulappan on 12 September, 2023
C.M.A.No.1781 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.09.2023
CORAM:
THE HONOURABLE Mrs.JUSTICE R.KALAIMATHI
C.M.A.No.1781 of 2020
R.Nallamuthu … Appellant / Claimant
vs.
1.S.Irulappan
2.Reliance General Insurance Company Ltd.,
Shri Lakshmi Complex, I Floor,
Bharathi Street, Omalur Main Road,
Swarnapuri,
Salem-636 004. … Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, against the judgment and decree dated 21.01.2019
passed in M.C.O.P.No.1405 of 2014 on the file of Motor Accident Claims
Tribunal / Special Sub-Judge, No.2, Salem.
For Appellant : Mr.S.Sankar
for M/s.C.Thangaraju
For 1st Respondent : Notice Served – No Appearance
For 2nd Respondent: Mr.S.Arunkumar
JUDGMENT
This Civil Miscellaneous Appeal is filed by the claimant against the
https://www.mhc.tn.gov.in/judis
C.M.A.No.1781 of 2020
judgment and decree dated 21.01.2019 passed in M.C.O.P.No.1405 of
2014 on the file of Motor Accident Claims Tribunal / Special Sub-Court,
No.2, Salem, for enhancement of compensation.
2. The claim petition was filed under Section 166 of Motor Vehicles
Act, 1988, read with Rule 3 of Tamil Nadu Motor Accident Claims Tribunal
Rules, claiming compensation of Rs.7,00,000/- for the injuries sustained by
the claimant in the road accident that occurred on 12.06.2014.
3. The learned Tribunal, on hearing both sides and upon
consideration of oral and documentary evidence has granted
compensation of Rs.1,97,132/- holding the 2nd respondent / Insurance
Company is liable to pay the said compensation with 7.5% interest per
annum from the date of filing of petition till the date of deposit (except
default period).
4. The learned counsel appearing for the appellant/claimant would
vehemently argue that due to the accident, the claimant who was a 42
year old at the relevant point of time suffered fracture of left femur. He was
a coolie and earning a sum of Rs.10,000/- per month. The Medical Board
assessed the disability of the appellant at 18% vide Ex.C1. It is his further
https://www.mhc.tn.gov.in/judis
C.M.A.No.1781 of 2020
argument that the amount granted by the Tribunal for pain and sufferings,
attender charges and for transport expenses are less and prayed for
enhancement of compensation.
5. Per contra, the learned counsel appearing for the 2 nd
respondent / Insurance Company would strenuously contend that the
learned Tribunal, after taking into account of the oral and documentary
evidence has passed the award for an amount Rs.1,97,132/- is a well
reasoned order and prayed to confirm the same.
6. It is the evidence of PW1 that one sadhasivam was riding the
vehicle along with the appellant Nallamuthu in a motor cycle bearing
Reg.No.TN-28-AA-8392 on 12.06.2014, at about 12 noon, along the
Puduchathiram service road, near the puduchathiram police station, a
motor cycle bearing Reg.No.TN-28-AR-1632 came in a rash and negligent
manner and at a great speed hit on the motor cycle from behind.
Eventually both sustained serious injuries, is not in dispute.
7. It is the evidence of PW1-Nallamuthu, that he was working as a
coolie and earning a sum of Rs.10,000/- p.m. As per the medical records,
his age is fixed at 42 years. As per Ex.P6 discharge summary, issued by
Shri Akshaya Hospital, Namakkal, he had taken treatment as an inpatient
https://www.mhc.tn.gov.in/judis
C.M.A.No.1781 of 2020
from 12.06.2014 to 26.06.2014 and underwent surgery for the fracture of
left femur. The Medical Board has assessed the disability at 18%. As per
Ex.C1 disability certificate, it reads that he suffered from malunion and he
has difficulties in sitting cross legged. It is the evidence of PW2 that he has
difficulties in walking, doing the coolie work after the accident. Because of
the fracture sustained, it would be difficult to perform his work as he did
before. The Hon'ble Supreme Court in Raj Kumar v. Ajay Kumar and
Another reported in (2011) 1 SCC 343 has held that while assessing the
permanent disability, the Tribunal has to take into account the effect of
personal disability and the earning capacity of the injured. Therefore, it
depends upon each and every case, depends upon the injury and disability
suffered etc. A 42 year old appellant who was working as a coolie suffered
fracture of left femur and the Medical Board has assessed the disability
which is partial permanent at 18%. Considering the effects of injury, the
functional disability is fixed at 16%.
8. The Hon'ble Supreme Court in Syed Sadiq v. Divisional
Manager, United India Insurance Co. Ltd., reported in 2014 (1) TN MAC
459 (SC) has fixed the monthly income of the injured vegetable vendor
who was aged about 24 years, at Rs.6,500/- for the accident occurred in
the year 2008. Date of accident is 12.06.2014. This Court, deems fit to fix
https://www.mhc.tn.gov.in/judis
C.M.A.No.1781 of 2020
the income of the appellant at Rs.8,500/- p.m. In order to award just
compensation and based on the observations made by the Hon'ble
Supreme Court in Rajkumar v. Ajaykumar's case, and in order to meet the
ends of justice, multiplier method is invoked for assessing the loss of
earning power.
9. As per the law laid down by the Hon'ble Supreme Court in
Smt.Sarla Verma & Ors., v. Delhi Transport Corporation & Another
reported in 2009 (2) TN MAC 1 (SC), the relevant multiplier is 14. Based
on the above said details, for loss of earning power, the formula emerges
as follows:
Age of the Appellant : 42 years
Monthly income fixed : Rs.8,500/-
Multiplier to be adopted : 14 m
Functional disability fixed : 16%
For Loss of Earning Power : Rs.8,500/- X 12 X 14 X 16%
: Rs.2,28,480/-.
10. That apart, for the loss of amenities and for pain and sufferings
undergone, an amount of Rs.10,000/- each is granted in addition to the
amount already granted by the Tribunal. For Transport Expenses and for
https://www.mhc.tn.gov.in/judis
C.M.A.No.1781 of 2020
Extra Nourishment, an amount of Rs.5,000/- each is granted in addition to
the amount already granted by the Tribunal. In all other aspects, the
amount awarded by the Tribunal appears to be reasonable, therefore,
needs no interference. Therefore, the Compensation awarded by the
Tribunal is reworked and tabulated below:
Sl. Description Amount Amount Award
No. awarded by awarded by confirmed or
Tribunal this Court enhanced or
granted or
reduced
1 Loss of Earning Rs.61,425/- Rs.2,28,480/- Enhanced
Capacity
2 For Pain and Rs. 10,000/- Rs. 20,000/- Enhanced
Sufferings
3 For loss of amenities Rs. 10,000/- Rs. 20,000/- Enhanced
4 For Medical Expenses Rs.1,03,207/- Rs.1,03,207/- Confirmed
5 For Transport Rs. 2,000/- Rs. 7,000/- Enhanced
Expenses
6 For Extra Nourishment Rs. 5,000/- Rs. 10,000/- Enhanced
7 For Attender Charges Rs. 5,000/- Rs. 5,000/- Confirmed
8 For Damage to Rs. 500/- Rs. 500/- Confirmed
Clothes
Total Rs.1,97,132/- Rs.3,94,187/-
Rounded off to Rs.3,94,200/-
11. Thus, the compensation awarded by the Tribunal is enhanced
from Rs.1,97,132/- to Rs.3,94,200/- which would carry interest at the rate of
7.5% per annum.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1781 of 2020
12. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed. No costs.
(ii) The compensation awarded by the Tribunal is enhanced from
Rs.1,97,132/- to Rs.3,94,200/-.
(iii) The 2nd respondent / Insurance Company is directed to deposit
the enhanced compensation amount i.e., Rs.3,94,200/- (less the amount
already deposited if any) together with interest at the rate of 7.5% per
annum from the date of claim petition till the date of deposit (except default
period) to the credit of M.C.O.P.No.1405 of 2014 on the file of Motor
Accident Claims Tribunal / Special Sub-Judge, No.2, Salem, within a
period of eight weeks from the date of receipt of a copy of this Judgment.
(iv) On such deposit being made, the appellant/claimant is permitted
to withdraw the same along with interest and costs, less the amount if any
already withdrawn, by making necessary cheque application before the
Tribunal. The appellant/claimant is directed to pay the Court fee for the
enhanced compensation amount, if required. The Tribunal below shall
disburse the enhanced amount upon production of the certified copy
showing proof of payment of Court fee by the claimant.
12.09.2023
https://www.mhc.tn.gov.in/judis
C.M.A.No.1781 of 2020
Index : Yes/No
Speaking / Non-speaking order
ssn
R.KALAIMATHI, J.,
ssn
To:
1. The Motor Accident Claims Tribunal,
Special Sub-Judge, No.2,
Salem.
2. The Section Officer,
V.R.Section,
High Court of Madras,
Chennai.
C.M.A.No.1781 of 2020
12.09.2023
https://www.mhc.tn.gov.in/judis
C.M.A.No.1781 of 2020
https://www.mhc.tn.gov.in/judis
