Madras High Court
S.Amutha vs C.Dasarathan on 13 September, 2023
CMA No. 1933 / 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.09.2023
CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Civil Miscellaneous Appeal No. 1933 of 2022
S.Amutha ... Appellant
Versus
1.C.Dasarathan
2.United India Insurance Company,
No. 134, Greams Road,
Chennai – 600 006. ... Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Judgment and Decree in M.C.O.P.
No. 3030 of 2010 dated 21.03.2022 on the file of the Special Sub-Judge
No. 2, Motor Accidents Claim Petitions, Small Causes Court, Chennai
(MACT).
For Appellant : Mr. S.Parthasarathy
For Respondents : R1 - Exparte
Mr. S.Arunkumar (for R2)
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CMA No. 1933 / 2022
JUDGMENT
The appellant has filed the instant appeal seeking enhancement of
compensation awarded by the Tribunal in M.C.O.P. No. 3030 of 2010
dated 21.03.2022.
2.The appellant had filed the claim petition stating that on
04.08.2010 at about 10.30 hours, while she was proceeding in the two
wheeler, a lorry insured with the second respondent came in a rash and
negligent manner and dashed the two wheeler of the appellant, as a result
of which, she sustained grievous injuries.
3.The first respondent remained exparte before the Tribunal.
4.The second respondent filed counter denying all the averments
made in the claim petition stating that the accident did not take place due
to the negligence of the driver of the lorry; and that in any case, the
compensation claimed by the appellant is excessive and prayed for
dismissal of the claim petition.
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CMA No. 1933 / 2022
5.The appellant examined herself as PW1 and three other
witnesses as PW2 to PW4 and marked Ex.P.1 to Ex.P.13. The second
respondent examined RW1 and marked Ex.R.1 to Ex.R.4. The disability
certificate has been marked as Ex.C.1.
6.The Tribunal after considering the oral and documentary
evidence found that the accident took place due to the rash and negligent
driving of the driver of the lorry and awarded the compensation of Rs.
72,,200/- to the appellant to be paid by the second respondent.
7.The learned counsel for the appellant submitted that though the
appellant had suffered fracture, the Tribunal had not awarded any
compensation under the head disability. He further submitted that the
compensation awarded under the other heads are also meagre and prayed
for enhancement.
8.Though notice has been served on the first respondent, none has
entered appearance on his behalf.
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CMA No. 1933 / 2022
9.The learned counsel for the second respondent submitted that the
appellant was assessed by the Medical Board and the Medical Board has
stated that the permanent disability of the appellant is nil. Therefore, the
Tribunal was right in not awarding compensation under the head
disability. The learned counsel further submitted that the award under the
other heads are also just and reasonable and prayed for dismissal of the
appeal.
10.The only question that arises for consideration in the instant
appeal is whether the compensation awarded by the Tribunal is just and
reasonable.
11.On perusal of the records, it is seen that the appellant had
sustained the following injuries: “fissure fracture frontal bone with
fracture maxilla / zygoma and naso ethmoidal complex with concussion
brain” as per the Ex.P.3 discharge summary. However, it is seen that the
Medical Board assessed the disability of the appellant as nil. The doctors
of the Medical Board were also examined as PW3 and PW4 who had
reiterated their version in Ex.C.1 disability certificate. In the light of the
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CMA No. 1933 / 2022
above evidence, this Court is of the view that there is no infirmity in the
award of the Tribunal in not granting compensation under the head
disability. However, it is seen that considering the nature of injuries, the
appellant would have certainly suffered loss of income for a period of six
months. Hence, the compensation under the head loss of earnings is
enhanced to Rs. 30,000/- (6 x Rs. 5,000/-). The compensation under the
head attender charges also requires enhancement and the same is
enhanced to Rs. 10,000/-. Further, the compensation under the head
transportation is also enhanced to Rs. 10,000/- and the compensation
under the head extra nourishment is enhanced to Rs. 15,000/-. The award
under the other heads are just and the same are confirmed. Thus, the
award of the Tribunal is modified as follows;
ld
S. Description Amount Amount Award
No awarded by awarded by confirmed or
Tribunal this Court enhanced or
(Rs) (Rs) granted
1. Pain and sufferings 40,000 40,000 Confirmed
2. Transportation 4,000 10,000 Enhanced
3. Medical expenses 5,377 5,377 Confirmed
4. Extra Nourishment 10,000 15,000 Enhanced
5. Attender charges 2,750 10,000 Enhanced
6. Loss of earnings 10,000 30,000 Enhanced
Total 72,127 1,10,377 Enhanced by
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CMA No. 1933 / 2022
rounded off rounded off
Rs. 38,200/-
to 72,200 to 1,10,400
12.With the above modification, this Civil Miscellaneous Appeal
is partly allowed and the compensation awarded by the Tribunal at
Rs.72,200/- is hereby enhanced to Rs.1,10,400/- 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 second respondent 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 a receipt of copy of this
Judgment, if not already deposited. On such deposit, the appellant is
permitted to withdraw the award amount along with interest and costs,
less the amount if any, already withdrawn. The appellant is further
directed to pay the requisite court fee, if any, on the enhanced award
amount. No costs.
13.09.2023
ay
Index: Yes/No
Speaking Order / Non-Speaking Order
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CMA No. 1933 / 2022
Neutral Citation: Yes / No
To
1. The Special Sub-Judge No. 2,
Motor Accidents Claim Petitions,
Small Causes Court,
Chennai.
2. The Section Officer,
VR Section,
Madras High Court,
Chennai – 600 104.
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CMA No. 1933 / 2022
SUNDER MOHAN, J
ay
C.M.A. No. 1933 of 2022
Dated: 13.09.2023
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